Academy Sues Over “Deer Hunter” Oscar Statuette
















LOS ANGELES (TheWrap.com) – A possibly counterfeit Oscars trophy for the 1978 film has sparked a very real lawsuit.


The Academy of Motion Picture Arts and Sciences has filed suit in U.S. District Court in Washington state over an Oscar statuette that “was either a genuine statuette or a very convincing counterfeit.”













If it’s real, the trophy was the one awarded to Aaron Rochin for his sound work on the 1978 film “The Deer Hunter.”


The Academy is suing Washington resident James Dunne, who sold the statue, and Edgard G. Francisco, who purchased it.


Dunne initially offered the statuette for sale on eBay in September but deleted the listing for fear that the Academy might discover it, according to the suit, which was filed last week. He later privately sold the statue of Florida resident Francisco for $ 25,000, the suit says.


The suit goes on to allege that after an appraisal, Francisco decided the statuette was fake and demanded a $ 15,000 refund. Dunne claims he provided a full refund. He also claims that he told Francisco that the trophy might not be authentic before he bought it.


Dunne told the Academy that he had either picked up the statuette at a moving sale or obtained it from a third party who got it at an estate sale.


After getting the refund, the suit says, Francisco threw the statuette away.


The Academy’s suit is two-fold: If the trophy was real, the Academy is seeking restitution for the loss of its property; if it was fake, the Academy claims that the pair infringed on the organization’s Oscars copyright.


The latter would seem to be the more probable scenario in this case. For one thing, the Academy says that the identification number for the statuette would place its manufacture in 1979, while the eBay auction billed it as a “Rare Pre-1950 Academy of Motion Picture Arts and Sciences OSCAR Statue Award!”


The Academy is asking for unspecified damages, plus suit costs and attorneys’ fees.


(Pamela Chelin contributed to this report)


Movies News Headlines – Yahoo! News



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Women With Breast Cancer Wait Weeks Before Surgery
















FIRST PERSON | New research shows that Medicare patients with breast cancer wait as long as 32 days before surgery. This wait is typical in the United States. It is not only older women that have a long wait. I first found a lump in my breast in September 2011. My first surgery was not until November 2011. The wait was not on my end — in northwest Arkansas, it takes at least three weeks to get an appointment with anyone.


The study













MedicalXpress reports that the Fox Chase Cancer Center published its findings in the Nov. 19, 2012 edition of The Journal of Clinical Oncology. The study evaluated data from over 72,000 Medicare patients with non-metastatic breast cancer and found that in 2005, at least half of the breast cancer patients waited a minimum of 32 days before having surgery. This data shows a marked increase from 21 days back in 1992.


Breast cancer diagnosis


It is interesting that they looked only at non-metastatic breast cancer. When you first go to see your doctor about a breast problem, like a lump, you have no idea if it is even cancer, much less if it has spread to other parts of the body. Diagnostic mammography, breast MRIs, and ultrasound cannot tell you if the area of concern is cancer. Only surgery can determine breast cancer — that means either a needle biopsy or other invasive procedures.


The waiting can kill you


Medicare had nothing to do with my time delays, as I have private insurance. I have non-metastatic breast cancer. It took 3 weeks to see my OBGYN, then it was another week before I had the imaging done. From there, it took three weeks to schedule a wire-guided surgical biopsy. I had the biopsy in mid-November 2011. It was then I received a cancer diagnosis and was told that it was a high-grade tumor — meaning it was very aggressive. At the same time of my diagnosis, my surgeon ordered more tests. We waited until late December 2011 to discuss a mastectomy. The wait was due to him wanting to see the results of genetic testing. Personally, I was uncomfortable with the long wait time.


Long waits are not just for Medicare recipients and for people in large metropolitan areas. Here in rural Arkansas, wait times are long because there is a shortage of physicians. The area is growing but the medical community is not keeping up with the growth. Patients like me who have serious medical conditions are traveling to other areas in order to get better care.


Lynda Altman was diagnosed with breast cancer in November 2011. She writes a series for Yahoo! Shine called “My Battle With Breast Cancer.”


Diseases/Conditions News Headlines – Yahoo! News



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Kopp: Impostor filed motion in NY Facebook case
















BUFFALO, N.Y. (AP) — Lawyers fighting a New York man’s ownership claim against Facebook Inc. say a bizarre motion bearing the name of convicted abortion doctor killer James Charles Kopp earlier this month was apparently filed by an impostor.


In court papers, Facebook lawyers say they received a sworn statement from the imprisoned Kopp Monday denying he’s filed any motion in Paul Ceglia‘s lawsuit. An accompanying letter from Kopp to the federal judge handling the case says someone is impersonating him.













The motion signed with Kopp’s name had sought permission to intervene in Ceglia’s lawsuit while accusing Ceglia of a litany of personal slights, threats and crimes. Kopp’s serving life in prison for the 1998 killing of Dr. Barnett Slepian in suburban Buffalo.


Facebook says the Kopp motion, even if it’s real, should be denied.


Social Media News Headlines – Yahoo! News



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Israel, Gaza militants agree to ceasefire, Hamas official says

LOS ANGELES (Reuters) - Like the 10 winners before him, Phillip Phillips faces the uneven road from "American Idol" victor to pop-chart mainstay. After the success of his Top 10 hit, "Home," the Georgia native is facing a new challenge - to replicate the mainstream successes of past "Idol" winners Carrie Underwood and Kelly Clarkson on his debut album, "The World from the Side of the Moon," released on Monday by Interscope Records. ...
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Patrick Wilson, Rose Byrne to reprise roles for “Insidious” sequel
















LOS ANGELES (TheWrap.com) – FilmDistrict, Alliance Films and Sony Pictures Worldwide Acquisitions will bring “Insidious Chapter 2,” the sequel to last year’s hit film “Insidious,” to U.S. theaters on August 30, 2013, the companies announced Monday.


Patrick Wilson, Rose Byrne, Lin Shaye and Ty Simpkins will reprise their roles in the film, which “Insidious” director James Wan will direct from a script written by Leigh Whannell who also wrote the first film.













Jason Blum, who produced “Insidious,” is producing the low-budget sequel through his Blumhouse Productions. Brian Kavanaugh Jones, Oren Peli, Steven Schneider, and Charles Layton are executive producing. Production on the sequel is set to begin on January 15 in Los Angeles.


Sony Pictures Worldwide Acquisitions acquired the U.S. rights to the film in conjunction with FilmDistrict. The film is being financed by Alliance Films. FilmDistrict will distribute the film theatrically in the United States, with Sony handling the majority of ancillary rights in the U.S.


Alliance Films will distribute in Canada, the U.K. (via its Momentum Pictures subsidiary) and Spain (via Aurum), and Sony Pictures Worldwide Acquisitions will distribute in all other international territories.


Peter Schlessel, FilmDistrict’s CEO, said: “We are all very excited to see the next chapter of James and Leigh’s vision of the Further. It’s great to be in business again with Blumhouse, Alliance and Sony.”


Movies News Headlines – Yahoo! News



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Pre-ski fitness can protect against post-ski problems
















NEW YORK (Reuters) – Skiing is a such a skill-based activity that if you don’t start learning until you are 20, it will take 20 years to learn.


But fitness experts say proper conditioning can make the difference between a fun weekend on the slopes and one waylaid by injury.













“Skiing first is technique,” said Robert Forster, a Los Angeles-based physical therapist and founder of Phase IV Scientific Health and Performance Center. “If your quads (muscles) are just burning up on the runs, then you’re not skiing right. That’s a good sign that you might need a lesson.”


To minimize fatigue and risk of injury, Forster, physical therapist to 42 Olympic medalists, suggests getting in ski-shape before hitting the slopes.


“All fitness begins with an aerobic base,” he said. “So six weeks before, start training with an elliptical trainer or stationary bike, or running or walking. Build up to 20 to 30 minutes three times a week.”


Aerobic training also strengthens muscles, Forster said, so any subsequent agility drills, such as running sideways or skipping, will be even more effective if you’ve established an aerobic base.


Stretch before skiing to protect against injury and enhance freedom of motion; stretch afterward to return the muscles to their normal length, said Forster.


He calls stretching the single most important thing people can do for body health maintenance.


“Connective tissue shortens with time,” he explained. “We stretch to maintain good alignment of the bones.”


If your skiing holiday lasts a week, limit your time on the slopes the first day, Forster suggests. And reconsider that dehydrating après-ski cocktail.


“We know that a glass of wine and a hot tub is not a good idea. Heat adds to inflammation. It will only increase swelling the next day,” he said.


Save that soak for the morning, and then not more than five minutes.


Ice down any sore spots or tight areas. “Ice is a great treatment for tightness,” he said.


Jessica Matthews, an exercise physiologist with the American Council on Exercise, suggests that even those already in good condition would benefit by integrating sports-specific pre-ski training into their workout.


“Prepare the body to move in short bursts,” said Matthews, who notes that skiing demands carving back and forth, rapid turns and sudden changes of direction.


She said it’s easy to set up fitness drills using plastic cones, which can be had at any sporting goods store.


“There’s great stuff you can do with cones,” she said. “Those newer to fitness can begin with stepovers, laterally, side to side. Those more seasoned can make them hops, or invent more intricate drills.”


For those who prefer to train in groups, the fitness company Equinox recently launched a class at its clubs called Core Values, which uses low parallel bars, called parallettes, and medicine balls to enhance mobility and stability skills.


“It’s geared to help sports people get in condition for their sport,” said Lisa Wheeler, who created the class to train across all ranges of motion.


“Even downhill, skiing is about rotation,” said Wheeler, an experienced skier. “Most people scoop right and left as they are going downhill.”


Falls account for 75 to 85 percent of all skiing injuries, according to the American College of Sports Medicine. Most common is damage to the knee.


Forster said even though more runners than skiers are injured every year, ski injuries tend to be more serious.


“Skiing has much more traumatic injuries that can have long-lasting effects,” he explained.


The National Areas Association, the trade association for ski area owners and operators, said U.S. ski areas tallied an estimated 51 million skier and snowboarder visits during the 2011-2012 season.


Forster advises skiers to assess themselves and the slopes before diving down the mountain.


“Is there fresh snow? Heavy, wet snow?” he said. “Be aware of conditions. Fatigue is a big factor. If I had a dollar for every client who got hurt on the last run …”


(Editing by Patricia Reaney and John Wallace)


Health News Headlines – Yahoo! News



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Canada pledges again to balance budget by 2015
















OTTAWA/NEW YORK (Reuters) – The Canadian government on Friday reiterated its intention to balance its budget by 2015, three days after projecting there would be deficits until 2016-17.


In separate appearances in Quebec City and New York, Prime Minister Stephen Harper and Finance Minister Jim Flaherty were at pains to say they still intended to end the red ink by 2015.













“It remains the government’s plan, intention, to balance the budget prior to the next federal election. The recent economic and fiscal update by the minister indicates we are actually very close to that objective,” Harper told reporters in Quebec City. The next election is in October 2015.


Flaherty’s fall fiscal update on Tuesday had pushed back the target date for eliminating the deficit by a year, to 2016-17, citing a weak global economy.


But the minister said in a speech in New York that the government was on track to balance the budget in the next two to three years, barring major external events, and he later clarified that he intended a balanced budget by 2015.


“The prime minister’s always correct,” he chuckled.


He sought to explain the discrepancy by saying the fiscal update had built in a C$ 3 billion ($ 3 billion) contingency cushion, meaning there was an underlying surplus of C$ 1.2 billion for 2015-16. He said the projection of a C$ 1.8 billion deficit amounted to about half a percent of the C$ 275 billion federal budget.


“There’s lots of water to go under the bridge between now and then,” he said.


The opposition New Democratic Party noted the discrepancy in a release headlined: “Stephen Harper makes stuff up about balancing the budget.”


It pointed out that balancing the budget by the next election was not the same as balancing it by 2016-17.


As it is, even the 2015-16 timetable is a year later than offered in the Conservative campaign for reelection in May 2011. They had promised a balanced budget by 2014-15, followed by major personal income tax relief before the 2015 election.


Flaherty’s timetable drew criticism this week from the Canadian Taxpayers Federation, which said the minister had become expert at kicking the can down the road.


The projections could be thrown out of whack if the United States goes off the fiscal cliff, a set of automatic tax hikes and spending cuts that are to be triggered on January 2 if legislators and the White House cannot agree on a more nuanced budget deal.


Flaherty said U.S. failure to avert the fiscal cliff would cause a significant and immediate decline in Canada’s gross domestic product, and he would counter it.


Referring to a possible economic shock from Europe or the United States, he said: “If that were to happen and if the Canadian economy were to be pushed back into recession with the resulting danger for higher unemployment and the danger always of a prolonged recession, then we would act.”


He added: “We would not stand by and let that happen. The kinds of measure we can take: there are various tax measures we can take, there are measures with respect to stimulus we can take, these are things that we have done before and we can do again.”


On Tuesday, Flaherty spoke of having prepared various contingency plans.


(Additional reporting by Louse Egan; Editing by David Gregorio)


Canada News Headlines – Yahoo! News



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Amazon’s larger Kindle Fire HD ships early
















NEW YORK (AP) — Amazon has started shipping the larger version of its Kindle Fire HD tablet computer on Thursday, five days ahead of schedule.


Amazon is short on stock, though, so new orders won’t ship until Dec. 3. Amazon.com Inc. had been taking orders for shipment on Nov. 20.













The Kindle Fire is one of several tablets challenging Apple’s iPad.


The tablet, which has an 8.9-inch screen measured diagonally, is available on Amazon’s website for $ 299. The tablet will be available at Best Buy stores beginning Friday and at more retailers in the coming weeks.


A version with cellular access is available for $ 499 and will start shipping next week as planned, though new orders won’t ship until Dec. 3.


The smaller version, which has a 7-inch screen, has been available since September.


Gadgets News Headlines – Yahoo! News



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Militant group says attack on Gaza media center killed top fighter

GAZA CITY, Gaza Strip (AP) — Palestinian militant group Islamic Jihad says an Israeli strike on a Gaza media center has killed one of its top militant leaders.


Monday's strike in downtown Gaza City was part of a widening 6-day-old offensive meant to quell Hamas rocket fire.


It's the second strike on the building in two days. The Hamas TV station, Al Aqsa, is located on the top floor.


Islamic Jihad has sent a text message to reporters saying that Ramez Harb was killed in the strike Monday. Harb is a leading figure in their militant wing, the Al Quds Brigades.

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Metal singer Aaron Lewis finds second home in country music
















NASHVILLE, Tennessee (Reuters) – Aaron Lewis stands as one of the more unusual crossovers into country music, but the singer of the metal band Staind believes it was a fit made in the cradle.


“It’s been quite the pleasant eclectic mix of tattoos and black eyeliner, and Stetsons, cowboy boots and big shiny buckles,” Lewis said in an interview after the release of his first full-length country studio album, “The Road,” this week.













Lewis, 40, was raised on what he terms his grandfather’s country music: Johnny Cash, Waylon Jennings, Charlie Daniels and George Jones. He collaborated with Daniels and Jones on his country EP, “Town Line,” released last year.


This made the transition from the angst-ridden world of metal to the laid-back country scene an easy step for him, but perhaps not so much for his head-banging fans.


“A few fans are really having a hard time with it,” Lewis said. “I can’t make everyone happy. Music is about making me happy first. For those who wish I would stick with Staind, they’ll get what they want, too.”


Lewis, who sold seven studio albums over a 17-year career with Staind, says he has two musical careers because he is “creatively bipolar” and suffers from attention deficit disorder.


“I need to switch it up a little bit,” he said. “It’s kind of nice to write a song about taking my daughters to the beach instead (of) about something that’s tearing me apart from the inside.”


For Lewis, each song on “The Road” is the opportunity to explore his creativity in music, while winding down a road filled with new country listeners and taking Staind fans along for the ride.


“The Road” includes “Forever,” a thoughtful song of life on the road, and “Endless Summer,” a simple track about digging up clams and casting for striped bass with his daughters.


“If we catch a keeper we throw it on the grill,” he says. “The beauty of the adventure that I’m on now is I can write songs about stuff like that. I could never bring a song like that to the table for Staind.”


He describes writing “Endless Summer” as a “refreshing and a nice change” from his metal past.


“I remember having a big smile on my face the whole time I was writing it,” he said. “In the past, what’s usually coming up for lyrics is not smiley material. The song wrote itself in 10 minutes.”


In contrast, “Party in Hell,” which has fans up and dancing, was the last song Lewis wrote for the album and was inspired by a stint in Las Vegas.


“Las Vegas really is, in a metaphorical sense, a party in hell; you can get into anything you want to,” he said. “It was like well, ‘OK, I’m going to hell, who else is going to be there? We might as well have a party with it.’”


SAME PROCESS


His previous country EP, “Town Line,” featured the gold-selling single “Country Boy,” a collaboration with Daniels and Jones that hit the top of the “Billboard” album charts and topped off at No. 7 on the Top 200.


“That’s crazy, right?” Lewis asks, shaking his head. “It was pretty amazing for me, pretty surreal. I was actually in the studio with Charlie, which was a lot of fun. We have become good friends.”


The writing process for country or rock is the same, according to Lewis.


“The music is always first, then the melody, and the lyrics third,” he said. “I need the music to know what the landscape is that I’m singing over, and I need the melody to fit the words in, and then the words come last.”


But the lyrics do not come while he is writing on a piece of paper. “They come with me standing in front of a microphone with the song playing in the background and singing,” he said. “It’s total improv, right off the cuff.”


As with recording, Lewis does not approach a rock performance differently from a country performance.


“I go out on stage and perform those songs I recorded to the best of my ability to sound just like the recording,” he said. “I have always tried to approach every show like it’s the only show that I have. That’s kind of how I’ve gone about this crazy career I’ve had now coming up on 15 years.”


(Reporting by Vernell Hackett; Editing by Christine Kearney and Lisa Von Ahn)


Music News Headlines – Yahoo! News



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