New York: N.Y. agencies told to cut building energy use

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ALBANY ? Gov. Andrew Cuomo says he has issued an executive order directing state agencies to increase energy efficiency in state buildings by 20 percent in seven years.

The administration says it has an implementation plan that will set project priorities based on energy savings per dollar spent, expected to address the most inefficient buildings first.

The New York Power Authority has committed to provide $450 million in low-cost financing.

According to the governor?s office, most projects will require no capital spending upfront, with agencies expected to repay loans through energy savings.

The order also applies to public authorities and commissions where Cuomo appoints the leadership.

The April 1, 2020, energy goal is 20 percent below average energy use of those buildings in fiscal 2010-2011.

Source: http://www.theithacajournal.com/article/20121230/NEWS10/312300021/-1/

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Break Out the Shovels and Ice-Melt - The Massachusetts Real ...

Ice slip drinkThe first major winter storm in Massachusetts yesterday brought lots of questions on Massachusetts snow and ice removal law.

I am a homeowner and rental property owner. Am I legally required to clear snow and ice after a storm?

The law now in Massachusetts is that?all Massachusetts property owners and landlords are legally responsible for the removal of snow and ice from their property.?In 2010, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent which protected property owners from ?natural accumulations of ice and snow,? and announced this new rule. My prior post on the case can be read here. The rule applies across the board, to homeowners, landlords, commercial business owners, restaurants, everyone.

I am a landlord. How long do I have to shovel snow and ice on my rental property?

There is no clear cut answer to this question, and juries and courts will ultimately decide what is reasonable. The City of Boston?s policy is to give businesses 3 hours to clean snow, and 6 hours to residents. My advice is to shovel and treat snow and ice early and often. Even a thin coating of black ice can cause someone to slip and fall and seriously hurt themselves. (Admit it if you?ve dumped on your rear end like I have!). If you are an out-of-town landlord, you must hire someone to shovel your snow.

My lease states that the tenant is responsible for snow shoveling. Will that protect me from liability?

Probably not. A person who is injured due to untreated snow or ice will likely sue both the property owner and the tenant. The property owner must ultimately ensure that the property is safe for visitors. The landlord may bring a claim for contribution/indemnification against the tenant.

I live in Boston, and I heard I have to shovel the public sidewalk in front of my house after a storm. Is that true?

Yes. On top of their added responsibilities, property owners in several Massachusetts communities, including Boston, Newton, Lynn, and Worcester, are required by local ordinances to clear municipal sidewalks in front of their residences or businesses. The City of Boston mandates clean sidewalks within 6 hours of a storm; Worcester is 12 hours.

Will my homeowner?s or CGL insurance policy cover any injuries from slip and fall on snow/ice?

Yes, usually. The standard Massachusetts homeowners insurance policy and commercial general liability insurance policy (CGL) will have liability coverage for slip and falls on property. Make sure you have ample liability coverage of at least $500,000 to 1 Million. (You can never have enough insurance!). As with any insurance question, it?s best to contact your personal insurance agent.

If you have additional questions, please ask them in the comment forms below!

___________________________________________

Richard D. Vetstein, Esq.Richard D. Vetstein, Esq. is an experienced Massachusetts real estate attorney who advises property owners and landlords as to liability issues. Please contact him at 508-620-5352 or at info@vetsteinlawgroup.com.

Related Posts:

Source: http://www.massrealestatelawblog.com/2012/12/30/break-out-the-shovels-and-ice-melt-new-massachusetts-mandatory-snow-and-ice-removal-law/

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Storage Wars Texas: Mary's New Hoopty Ride - 02:01-02:31AM

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Mary's New Hoopty Ride

Episode: 37

Premiere Date: December 11 2012

WATCH CLIPS EXCLUSIVE PHOTOS Download on iTunes Shop the Store The auctions take place in Oak Cliff, Texas. Jenny battles Mary for a locker containing antique electronics. Vic finds that it s all about the Washingtons. Ricky and Bubba discover a Vaudeville curio with a hidden surprise. Moe and Mary pursue a locker containing what could be Mary s new truck. While one team s dream gets crushed, another learns that a belief in magic can allow them to take flight.

Mary's New Hoopty Ride

The auctions take place in Oak Cliff, Texas. Jenny battles Mary for a locker containing antique electronics. Vic finds that it s all about the Washingtons. Ricky and Bubba discover a Vaudeville curio with a hidden surprise. Moe and Mary pursue a locker containing what could be Mary s new truck. While one team s dream gets crushed, another learns that a belief in magic can allow them to take flight.

Episode: 37

Premiere Date: December 11 2012

Source: http://aetv.com/listings/episode_details.do?episodeid=1305291&airingid=739272

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Soccer-Shakir's Iraq promotion ends Maradona speculations

Dec 30 (Reuters) - Iraq football association has promoted Hakeem Shakir to the head coach's post, ending speculations of a possible appointment of Diego Maradona for the job.

Shakir, 49, who guided Iraq to the final of this year's AFC under-19 Championship in the United Arab Emirates, had been in temporary charge of the national side since Brazilian Zico resigned in November.

The Iraq football association on Friday confirmed Shakir's appointment, the Asian Football Confederation said on its website (www.the-afc.com).

Earlier this month, an agent representing Maradona said that the Argentine great, former coach of UAE side Al Wasl and now their consultant, was excited at the prospect of a chance to lead Iraq to the 2014 World Cup finals in Brazil.

Former England manager Sven-Goran Eriksson of Sweden was also in the fray to take over the reins of the Middle Eastern country, the agent said.

Shakir's first assignment after his full-time appointment will be the Gulf Cup starting in Bahrain next week. (Reporting by Sudipto Ganguly in Mumbai; editing by Amlan Chakraborty)

Source: http://news.yahoo.com/soccer-shakirs-iraq-promotion-ends-maradona-speculations-062522502--sow.html

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South Florida cops are hitting the brakes, new data show

The trend is dramatic and definite: South Florida cops have slowed down big time.

The Sun Sentinel examined new SunPass data and found police speeding has dropped significantly since the newspaper published its "Above the Law" investigative series in February.?

The investigation found nearly 800 officers from a dozen agencies averaging 90 to 130 mph between highway tollbooths. Many of those lead-foot cops were speeding to and from work.

SunPass toll records for the same agencies from mid-February through October show an 84 percent drop in high-speed incidents over the same period last year, the Sun Sentinel has calculated.

"It seems like the message has been received by South Florida law enforcement to slow down," Margate Police Chief Dana Watson said.

The records show excessive speeding by cops to and from work in their take-home cars virtually ended in late spring as police departments began disciplining officers based on the newspaper's investigation.

In Broward County, cops became much more mindful of the speed limit. Officers from Davie, Plantation and Sunrise hit speeds over 90 mph a total of only 10 times, compared to 160 times last year.

A SunPass transponder assigned to a Pembroke Pines officer who had been commuting through Miami-Dade County as fast as 105 mph never registered a speed above 79 mph.

In Fort Lauderdale and Margate, no cop with a transponder drove above 90 mph after the Sun Sentinel investigation, according to the records

High-speed incidents overall fell to 495, down from 3,179 during the same period in 2011.

Some South Florida commuters have noticed.

"I see them speeding a little bit, but not to the extent they were before," said Scott Spizman of Plantation, who drives 100 miles a day to and from his job in West Palm Beach. "It seems a lot safer out there."

The new trend captured by the data shows:

? Cops at 11 of the 12 law enforcement agencies examined in the Sun Sentinel series slowed down in 2012. (For the 12th, the Miami-Dade Police Department, SunPass records are no longer available).

? Only one in 13 police cars registered speeds above 90 mph, compared to one in four last year.

? Habitual speeding stopped. Cops are no longer pushing the speedometer past 95 or 100 mph day in and day out.

Leaders in South Florida law enforcement welcomed the change. They say off-duty speeding and speeding in non-emergencies is not only dangerous and deadly ? but also erodes citizens' confidence in police fairness.

"It's something that I continue to remind them of,'' said Watson, Margate's chief. "We're here to uphold the law, and we're expected to abide by it.''

One cop, rampant speeding

It was one Miami cop's blatant disregard for speed limits a year ago that brought scrutiny of the driving habits of all South Florida law enforcement officers.

Source: http://www.sun-sentinel.com/fl-speeding-cops-slow-down-20121230,0,254101.story?track=rss

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Canadian job creation seen sharply lower in December

OTTAWA (Reuters) - Canada's job market is expected to slow markedly in December to reflect the sluggish economy and employers' fears about the U.S. fiscal crisis following outsized gains of over 50,000 jobs in two of the previous three months.

The median forecast in a Reuters poll is for the economy to add just 5,000 jobs in the month, with forecasts ranging from a loss of 20,000 positions to a gain of 21,000.

The forecast compares with employment growth of 59,600 in November, 1,800 in October and 52,100 in September.

The unemployment rate is seen ticking higher in the final month of the year to 7.3 percent from 7.2 percent.

Derek Holt, vice president of economics at Scotiabank, said he's been surprised by the strength of job growth which he estimates to be the equivalent in the United States of about 1.5 million non-farm payroll jobs over the last three months.

"Here we are with the conundrum where we have zero growth in the Canadian economy, long predating the appearance of the greatest fiscal-cliff risks and yet we're heaping on jobs like there's no tomorrow," Holt said.

Unlike the United States, Canada has long recovered all the jobs lost during the 2008-09 recession but the pace of hiring in 2012 was unsteady.

Benjamin Reitzes, economist at BMO Capital Markets, said if the 5,000-job forecast was accurate, it would put 2012 job growth at just 1.1 percent, "the weakest non-recession year since 1996."

Canadian employers have faced uncertainty in one form or another during the recovery and are now fretting about the U.S. fiscal cliff, a set of tax hikes and spending cuts that will automatically take effect and could throw the United States into recession unless the White House and Congress reach an alternative agreement.

"For as long as Washington cannot agree on the new tax rules and spending focus, they're not going to give business the confidence to go out and hire and engage in capital spending projects and that's going to impede the pace of recovery until we get more clarity," said Holt.

With the Canadian economy now expected to grow by far less in the fourth quarter than the Bank of Canada's projection of 2.5 percent, annualized, the blockbuster jobs growth of recent months looks suspect. The six-month trend shows more sustainable gains of about 21,000 a month.

The moderation means the Bank of Canada will be in no hurry to raise its benchmark interest rate, which it has held at 1.0 percent since September 2010.

Market players surveyed by Reuters in late November predicted the bank would resume hiking rates in the fourth quarter of 2013.

(Reporting by Louise Egan; Editing by Kenneth Barry)

Source: http://news.yahoo.com/canadian-job-creation-seen-sharply-lower-december-185054794--business.html

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KVH Doubles Capacity for Caribbean Region of mini-VSAT ...

MIDDLETOWN, R.I., Dec. 27, 2012 (GLOBE NEWSWIRE) -- Staying ahead of the bandwidth demands for its rapidly growing customer base, KVH Industries, Inc., (Nasdaq:KVHI) has just doubled the capacity of its mini-VSAT Broadbandsm network in the busy Caribbean region. The capacity increase was provided as part of the ongoing global network upgrade involving deployment of Variable Coding, Spreading, and Modulation (VCSM) technology provided by ViaSat, Inc., (Nasdaq:VSAT), KVH's partner in the mini-VSAT Broadband network. This was the second major upgrade to the mini-VSAT Broadband network in less than a month, following the recently announced improvements that increased the capacity in Europe by more than 60%.

"The Caribbean region upgrade is part of our planned expansion to support the increased demand of our rapidly growing customer base," explained Brent Bruun, Executive Vice President of KVH's Mobile Broadband Group. "We are rolling out a new version of our modulation technology that enables us to handle transmissions much more efficiently, thereby increasing the amount of data that our network can carry. Thanks to our end-to-end design approach, we are able to upgrade the software in our large population of fielded TracPhone? systems over the air, providing a future-proof solution that we continue to improve as we add new features and network enhancements."

Since launching the mini-VSAT Broadband network in 2007, KVH has become one of the world's leading providers of maritime VSAT service. KVH's service differs from competing maritime VSAT services in its use of spread spectrum technology, which enables the use of antennas that are 85% smaller than competing products while still providing fast, high quality service. KVH is also the only maritime satellite service company that designs and manufactures the onboard terminals, owns and operates the satellite service network, and provides round-the-clock global after-sale support providing customers with a total end-to-end solution. Smaller antennas and fully integrated belowdecks equipment are less costly and faster and easier to install, offering significant savings to companies deploying broadband technology to a fleet of vessels.

KVH's business model is another key part of the company's growth strategy. Rather than investing in its own satellites, the company leverages the readily available commercial FSS satellite capacity covering the world's oceans, provided by industry leaders like Intelsat, Eutelsat, SES, and SkyPerfect JSAT. Currently, the mini-VSAT Broadband network uses 17 leased transponders to cover the globe with a unique hybrid network including both C-band and Ku-band coverage. KVH's unique 1 meter, dual-mode TracPhone V11 antenna, the world's only global 1 meter maritime VSAT solution, seamlessly switches among C- and Ku-band frequencies as easily as the 60 cm TracPhone V7-IP antennas and 37 cm TracPhone V3 antennas switch among Ku-band satellites. As KVH's customer base grows, the company will lease additional capacity covering exactly the areas of the world where it is needed. All of the company's TracPhone systems in the field can be dynamically updated to use new capacity as it comes online, ensuring continued delivery of high-quality service.

"KVH supports a large number of oil-and-gas industry customers in the Caribbean region, as well as a large number of yachts, a population that grows with the seasonal migration to southern Florida and the islands from the northern U.S., Canada, and the Mediterranean during the winter," said Mr. Bruun. "Our customers enjoy the highest quality satellite service available, with downloads as fast as 4 Mbps and uploads as fast as 1 Mbps, as well as crystal clear Voice over IP (VoIP) telephone lines with optimized service and prioritization of applications. The addition of this new capacity in the Caribbean in time for the busy winter season is a perfect example of how we actively monitor and manage our mini-VSAT Broadband network to ensure we are delivering the speeds and quality of service our customers expect."

With more than 2,500 onboard terminals sold, mini-VSAT Broadband service is the world's fastest growing, most popular maritime VSAT solution, according to three independent industry research reports published in 2012 by Euroconsult, NSR, and Comsys.

Visit www.minivsat.com/one for complete details about the global mini-VSAT Broadband network and award-winning TracPhone V-series antennas.

Note to Editors: High-resolution, press-ready images of KVH's TracPhone V-series systems and mini-VSAT Broadband coverage maps, are available at http://press.kvh.com for download and editorial use.

About KVH Industries, Inc.

KVH Industries, Inc., is the leading provider of in-motion satellite TV and communications systems, having designed, manufactured, and sold more than 150,000 mobile satellite antennas for applications on vessels, vehicles, and aircraft. In 2012, Euroconsult, NSR, and Comsys all reported that KVH was the market share leader in global maritime VSAT. KVH's mission is to connect mobile customers around the globe with the same digital television entertainment, communications, and Internet services that they enjoy in their homes and offices. The company is based in Middletown, RI, with facilities in Illinois, Denmark, Norway, Japan, and Singapore.

This release may contain certain forward-looking statements that involve risks and uncertainties. Forward-looking statements include, for example, the functionality, characteristics, quality and performance of KVH's products and technology; anticipated innovation and product development; and customer preferences, requirements and expectations. The actual results could differ materially. Factors that may cause such differences include, among others, those discussed in KVH's most recent Form 10-Q filed with the SEC. KVH does not assume any obligation to update its forward-looking statements to reflect new information or developments.

KVH and TracPhone are registered trademarks of KVH Industries, Inc. "mini-VSAT Broadband" is a service mark of KVH Industries, Inc. All other trademarks are the property of their respective companies.

Nicole Mongillo KVH Industries, Inc. 401-845-2443

Source: http://globenewswire.com/news-release/2012/12/27/513680/10016599/en/KVH-Doubles-Capacity-for-Caribbean-Region-of-mini-VSAT-Broadband-Network.html

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Obama, top lawmakers meet over fiscal cliff

President Barack Obama waves to reporters as he steps off the Marine One helicopter and walks on the South Lawn at the White House in Washington, Thursday, Dec. 27, 2012, as he returns early from his Hawaii vacation for meetings on the fiscal cliff. (AP Photo/Charles Dharapak)

President Barack Obama waves to reporters as he steps off the Marine One helicopter and walks on the South Lawn at the White House in Washington, Thursday, Dec. 27, 2012, as he returns early from his Hawaii vacation for meetings on the fiscal cliff. (AP Photo/Charles Dharapak)

House Minority Whip Rep. Steny Hoyer of Md., pauses during a news conference on Capitol Hill in Washington, Thursday, Dec. 27, 2012, where he urged House Republicans to end the pro forma session and call the House back into legislative session to negotiate a solution to the fiscal cliff. (AP Photo/ Evan Vucci)

Senate Minority Leader Mitch McConnell of Ky. walks to the Senate floor on Capitol Hill in Washington, Thursday, Dec. 27, 2012. (AP Photo/Susan Walsh)

(AP) ? The end game at hand, President Barack Obama and congressional leaders made a final stab at compromise Friday to prevent a toxic blend of middle-class tax increases and spending cuts from taking effect at the turn of the new year.

Success was far from guaranteed in an atmosphere of political mistrust ? even on a slimmed-down deal that postponed hard decisions about spending cuts into 2013, and pessimism vied with optimism in a Capitol where lawmakers grumbled about the likelihood of spending the new year holiday in the Capitol.

"The clock is ticking," Sen. Max Baucus, chairman of the Senate Finance Committee, said in remarks on the Senate floor as Obama and congressional leaders were meeting several blocks away at the White House. "My message to them is simple. We can do this. We can get this done, and we must," added the Montana Democrat.

Congressional Democrats said Obama was ready with a revised offer to present.

But that drew a denial from a person familiar with the talks, who said the president would review his proposal from a week ago, when he urged lawmakers to preserve tax cuts for most while letting rates rise above incomes of $250,000 a year. At the same time, Obama said lawmakers should extend unemployment benefits for the long-term jobless. The person was unauthorized to discuss the private meeting publicly and spoke on condition of anonymity.

The meeting lasted a little over an hour and neither the president nor the four lawmakers spoke with reporters before or immediately after the session.

The guest list included two Republicans, House Speaker John Boehner, and Senate Republican leader Mitch McConnell; as well as Democrats Harry Reid, the Senate Majority Leader, and Rep. Nancy Pelosi of California, her party's leader in the House.

The same group last met more than a month ago and emerged expressing optimism they could strike a deal that avoided the fiscal cliff. At that point, Boehner had already said he was willing to let tax revenues rise as part of an agreement, and the president and his Democratic allies said they were ready to accept spending cuts.

Since then, though, talks between Obama and Boehner faltered, the speaker struggled to control his rebellious rank and file, and Reid and McConnell sparred almost daily in speeches on the Senate floor. Through it all, Wall Street has paid close attention, and in the moments before the meeting, stocks were trading lower for the fifth day in a row.

The core issue is the same as it has been for more than a year, Obama's demand for tax rates to rise on upper incomes while remaining at current levels for most Americans. He made the proposal central to his successful campaign for re-election, when he said incomes above $200,000 for individuals and $250,000 for couples should rise to 39.6 percent from the current 35 percent.

Boehner refused for weeks to accept any rate increases, and simultaneously accused Obama of skimping on the spending cuts he would support as part of a balanced deal to reduce deficits, remove the threat of spending cuts and prevent the across-the-board tax cuts.

Last week, the Ohio Republican pivoted and presented a Plan B measure that would have let rates rise on million-dollar earners. That was well above Obama's latest offer, which called for a $400,000 threshold, but more than the speaker's rank and file were willing to accept.

Facing defeat, Boehner scrapped plans for a vote, leaving the economy on track for the cliff that political leaders in both parties had said they could avoid. In the aftermath, Democrats said they doubted any compromise was possible until Boehner has been elected to a second term as speaker when the new Congress convenes on Jan. 3.

Apart from income tax rates, congressional officials in both parties said a handful of other issues were the subject of private talks in the Capitol. These included the Alternative Minimum Tax, which would effectively raise taxes on millions of upper-middle-class families unless Congress acts; as well as taxes on capital gains, dividends and estates.

In addition, benefits for the long-term unemployed are due to expire in the next few days, and doctors face the prospect of a deep cut in the fees they receive for treating Medicare patients unless legislation is passed to prevent it.

Further compounding the year-end maneuvering, there are warnings that the price of milk could virtually double beginning next year.

Congressional officials said that under current law, the federal government is obligated to maintain prices so that fluid milk sells for about $20 per hundredweight. If the law lapses, the Department of Agriculture would be required to maintain a price closer to $36 of $38 per hundredweight, they said. It is unclear when price increases might be felt by consumers.

______

Associated Press writers Alan Fram and Andrew Taylor contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2012-12-28-Fiscal%20Cliff/id-64be6a0dd4804def82ae61a60542ff76

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How do CW feel about relative foster parents? - Adoption.com Forums

Hi there. I think I have already told you my story, but it's been awhile. I have done kinship foster care twice, with two different outcomes.

First case: Concurrent placement of a 2 1/2 year old precious little girl. She was taken due to a pretty serious domestic violence incident. Parents were alcoholic to the extent that they partied with homeless people. Bio mom was my cousin. No one thought the parents would be able to do it long term. Caseworker was sure the case would go to adoption. It didn't. Mom and Dad worked their butts off, got back custody at the six month mark and are still doing well to this day. It was difficult emotionally to change paths, but we did, and have a good relationship to this day with the family.

Second kinship case: straight foster situation of a toddler and 9 month old. Bio mom is the daughter of my first bio mom. The placement was only to be for 3 months, the blackout period for the residential rehab she selected. Mom had a meth addiction and was a teen parent. During the placement, bio mom did little things to extend the blackout period. When she finally was able to have the kids come live with her, at the 9 month mark, she had a breakdown and abandoned the children fleeing the rehab. She signed an identified surrender a couple of weeks later. We have adopted the children and have a good relationship with their mother. This whole situation took us, and the CW completely by surprise.

I found the CW to be overloaded, but well meaning. They tended to tell us what we wanted to hear at times, which irritated me. My adopted kids CW kept the fact that their mother was struggling emotionally with me and in fact up to the day she signed I thought they were going back. I felt that it didn't matter to them if we were to adopt, or not. I was treated the same no matter what. I really liked them, and they liked us, but that does not matter in the least whether a child stays or not. It matters if the parents follow through with their case plan. It does not look good for Happy Baby's mother. Remember, though, she could suprise you and do a turn around. This whole thing is a roller coaster! Good luck to you and Happy Baby!

Source: http://forums.adoption.com/foster-parent-support/411374-how-do-cw-feel-about-relative-foster-parents.html

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Toyota poised to put legal troubles in rear view mirror

DETROIT/NEW YORK (Reuters) - Toyota Motor Corp eliminated a huge obstacle with a U.S. settlement over unintended acceleration in its cars and trucks, leaving it to fight smaller cases that will be harder for plaintiffs to prove and less likely to damage the company's growing sales.

While the Japanese automaker still faces possibly hundreds of personal injury lawsuits related to claims that its vehicles accelerated unintentionally, Wednesday's $1.1 billion settlement announcement will remove the last big roadblock to putting the issue behind it.

Sean Kane, president of Safety Research & Strategies and an outspoken critic of Toyota who has assisted plaintiffs' attorneys against the automaker, said the settlement covered the biggest financial hit for Toyota.

"Those are not billion-dollar cases," he said of the pending personal-injury lawsuits. "Those are at best million-dollar cases or multimillion-dollar cases. With a company like Toyota, that's not even something that's a blip on their radar."

At the time, the recall around the unintended acceleration issue and resulting lawsuits were a surprise for a company long associated with quality and reliability, and the resulting fallout led President Akio Toyoda to apologize publicly.

Lee Kaplan, a product liability lawyer in Houston, said plaintiffs in the injury and death cases also will have an uphill battle in court because they will need to prove deficiencies in Toyota's equipment.

"I have never seen anyone identify the single cause of the problem," he said. "Without identifying a true scientific or technical basis, pinning a verdict on Toyota will be hard."

Toyota said it agreed to spend $1.1 billion to settle sweeping U.S. class-action litigation over claims millions of its vehicles accelerated unintentionally. The recall fallout related to the issue was a $2 billion hit to earnings in the company's 2010 fiscal year.

Judge James Selna is expected to review the settlement on Friday in U.S. District Court in Santa Ana, California. However, final approval and disbursement of the money may not occur for several months.

The proposed settlement will compensate customers for economic losses related to possible safety defects in Toyota vehicles, covering most of the litigation involving unintended acceleration.

WRONGFUL DEATH

About 16 million Toyota, Lexus and Scion vehicles sold in the United States spanning the model years 1998 to 2010 are covered by the settlement. Company officials have maintained the electronic throttle control system was not at fault, blaming ill-fitting floor mats and sticky gas pedals. A study by federal safety officials at the National Highway Traffic Safety Administration and NASA found no link between reports of unintended acceleration and Toyota's electronic throttle control system.

Toyota, the No. 3 automaker in the U.S. market, admitted no fault in proposing the settlement, one of the largest U.S. mass class-action litigations in the automotive sector. One plaintiff's law firm called it the largest settlement in U.S. history involving auto defects.

However, the deal does not cover wrongful death or injury lawsuits, which according to a June Toyota filing totaled more than 300.

Those cases will be handled by Toyota one by one, with the first slated to go to trial in February 2013 in Judge Selna's California court, involving a Utah crash that killed two people. However, one wrongful death case in Houston was dropped last year due to lack of evidence and the largest such lawsuit, over the death of the family of off-duty California Highway Patrol officer Mark Saylor, was settled out of court for $10 million in late 2010.

SALES REBOUND

Toyota's recall of its vehicles between 2009 and 2011 relating to the unintended acceleration issue hurt its reputation for reliability and safety.

But the automaker's sales were up almost 29 percent in 2012 through November, compared with a 14-percent increase in the industry, and Toyota's share of the U.S. market has risen to 14.4 percent from 12.7 percent in 2011. Last year's Toyota sales were depressed by the March earthquake and tsunami in Japan.

The full effect of the acceleration issue on Toyota's U.S. sales may not be known for years, until the current owners affected by it need to buy another vehicle.

Yet with its U.S. sales rising at double the industry's rate and the company expected to reclaim the global sales crown this year, analysts said Toyota has seemingly shaken off any lingering damage to its reputation.

"Toyota is the Teflon company," Edmunds.com analyst Michelle Krebs said. "They always bounce back.

"The consumer doesn't seem to care," she added. "The consumer keeps on buying Toyotas."

(Writing by Ben Klayman; Additional reporting by Bernie Woodall and Deepa Seetharaman in Detroit and Dan Levin in San Francisco; Editing by Ben Berkowitz and Dan Grebler)

Source: http://news.yahoo.com/toyota-poised-put-legal-troubles-rear-view-mirror-232505377--finance.html

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