uCalifornia Health Dept. Close To Declaring Measles Outbreak Linked To Disneyland Officially Overr

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  (NatalieProcter)

  
  
  
  A few months after Disneyland officials warned unvaccinated people to stay away amid a measles outbreak that was traced back to the park, the California Department of Public Health says it’s preparing to announce the end of the outbreak tomorrow, barring any new cases.
  

  California disease investigators have been trying to contain the spread of measles after the disease popped up in Disney theme parks in December, soon traveling to other states and countries. In California, 131 people were infected, reports the Associated Press.

  
  

  Many of those who caught the Disneyland measles weren’t immunized or hadn’t gone through the entire measles-mumps-rubella immunization process.

  
  

  Disneyland was an ideal place for the measles to set up shop, experts said, as the parks bring in steady crowds from around the globe who then act basically as ambassadors, bringing the disease back home with them when they leave.

  
  

  The Disneyland outbreak “reminds us that we are part of a global medical community” and the U.S. should help tame measles raging in many parts of the world, Dr. Richard Wenzel, an infectious disease expert told the AP.

  
  

  Though the outbreak was homegrown, with the disease starting with 40 people who had been at Disneyland in December, as well as another identified source, it’s believed that whoever patient zero is, he or she brought it into the country from elsewhere, health experts say.

  
  

  Disney-linked measles outbreak soon to be over in California [Associated Press]

  
  
  
  
  
  
  
  


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by Mary Beth Quirk via Consumerist

uDelta Cutting Some International Flights Later This Yearr

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  (So Cal Metro)

  
  
  
  

  If you were planning to fly Delta Air Lines for an overseas trip this holiday season, you might want to start making other plans. The airline aims to cut its international flights by about 3% during the last three months of 2015.

  
  

  The Wall Street Journal reports that Delta will trim the routes to Japan, Brazil, Africa, India and the Middle East, as well as seasonal trips to Moscow in an effort to make up revenue.

  
  

  The company said it chose to cut these routes as they are markets that have been most affected by the strong dollar and where demand has been negatively impacted by the decline in oil prices.

  
  

  Despite the effect low oil prices and the strong dollars have had on Delta’s international service, the company says it expects to save more than $2 billion on fuel this year.

  
  

  In preparation for less frequent international flights, Delta has been cutting back on routes from its hub at Tokyo’s Narita International Airport, while instead serving more Asian destinations from Seattle and other U.S. airports.

  
  

  In some cases, the company plans to make the cutbacks by simply using smaller jets. For example, to reduce capacity on Japan routes, Delta will mostly stop using the current Boeing 747 jumbo jets, Bloomberg reports.

  
  

  Delta Air’s Pullback Abroad Seen Spurring Rivals to Follow [Bloomberg]
  
  Delta Says Profits Triple, Plans Capacity Cuts to Overseas Flights [Wall Street Journal]

  
  
  
  
  
  
  
  


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by Ashlee Kieler via Consumerist

uLong-Time Walmart Employee Charged With Stealing $240K From Store Over Two-Year Periodr

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  (Mike Mozart)

  
  
  
  

  Occasionally, Consumerist reports on some less than perfect Walmart employees: the man arrested for stealing cash from a customer and food from the company’s deli, or the woman who allegedly stole $10,000 in cash and gift cards while working as a cashier. While those incidents are indeed bad, they pale in comparison to a long-time employee of the nation’s largest retailer who allegedly stole nearly $250,000 from her employer.

  
  

  WFAA in Tennessee reports that a 50-year-old employee of a local Walmart store faces charges of theft after she allegedly stole more than $240,000 between January 2013 and October 2014.

  
  

  According to local police officials, the 33-year employee of the retailer pocketed the funds by creating fake returns while working in the company’s cash department.

  
  

  The woman told police that she was unsure when she began stealing from the store, but that it started with small amounts, taking $50 here or there, WFAA reports.

  
  

  She says that when it became obvious that no one noticed the discrepancies, she began to be more brazen, stealing up to $8,000 a day.

  
  

  Eventually, the store managers did catch on and interviewed the woman in October 2014. She admitted to several thefts from the cash office and was fired. The store then passed the case on to local police.

  
  

  Police report that in her statement the woman said she stole the money to pay for bills and help care for her elderly parents.

  
  

  Walmart employee accused of stealing nearly $240K [WFAA]

  
  
  
  
  
  
  
  


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by Ashlee Kieler via Consumerist

uClothing Company Apologizes To Don Henley For Invoking His Name To Sell Shirtsr

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  The ad in question.

  
  
  
  Don Henley will not take it easy when there’s a product being sold that references both his name and career with The Eagles, and now everyone knows: After filing a lawsuit against a Wisconsin clothing company that emailed an ad telling customers to “don a henley and take it easy” last October, the two sides have settled the case, with the company issuing an apology to both Henley and his fans for trying to be too clever.
  

  Duluth Trading Co. and Henley settled their dispute this week, with the clothing company issuing a long apology on its website for using the musician’s fame to peddle clothing without asking him first (h/t AdAge).

  
  

  Henley had accused Duluth of exploiting his name and connection to The Eagles’ hit song, saying customers might think he had endorsed the shirt.

  
  

  The company admits “we pushed the advertising envelope too far” and said it’s “deeply regretful,” apologizing not only to Henley “but to anyone else who took offense.”

  
  

  “Both Mr. Henley and the Eagles have worked hard for more than 40 years and pride themselves on the fact that they have never allowed their names, likenesses or music – individually or as a group – to be used to sell products, ” said a spokesman for Mr. Henley and the Eagles, in an email. “One would hope that these corporations will finally learn that U.S. law forbids trading on the name of a celebrity without permission.”

  
  

  Duluth is also making a monetary donation to Henley’s non-profit organization Walden Wood Project, which aims to preserve the works of Henry David Thoreau.

  
  

  The full letter from Duluth Trading Co.:

  
  

  
  

  To our customers, friends, and Don Henley:

  
  

  As many of you know, Duluth prides itself on not taking itself too seriously and this culture is often seen in our advertising, which we try and keep fresh, interesting, and funny. Unfortunately, we pushed the advertising envelope too far and distributed an advertisement promoting our line of Henley shirts that invoked American recording artist Don Henley’s name without his permission.

  
  

  Mr. Henley has long been an advocate of artists’ rights and he brought his objections to our attention. We appreciate and respect what Mr. Henley has meant to music and we now see that our use of his name and an Eagles’ song title in our advertisement was inappropriate. For that we are deeply regretful and we apologize, not just to Mr. Henley, but to anyone else who took offense. We have learned a valuable lesson and thank Mr. Henley for helping us appreciate the importance that he and other artists place in their publicity rights.

  
  

  We have, at Mr. Henley’s request, also made a monetary payment to be directed to the Walden Woods Project, in recognition of the 25th Anniversary of its founding, to resolve this matter.

  
  

  Thank you.

  
  

  Very truly yours,

  
  

  DULUTH TRADING COMPANY

  
  

  
  
  
  
  
  
  
  


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by Mary Beth Quirk via Consumerist

uGM Won’t Face Ignition Defect Lawsuits, Thanks To 2009 Bankruptcyr

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  (frankieleon)

  
  
  
  The same process that allowed a bankrupt General Motors to work its way back (with the help of several billion dollars from taxpayers) to being a viable business is, six years later, helping to shield the company from potentially billions of dollars in damages from class action fraud lawsuits involving the long-ignored ignition defect that claimed the lives of at least 84 people.
  

  As we’ve mentioned before, as part of GM’s 2009 bankruptcy restructuring, the “New GM” that resulted was absolved of most of the liabilities of “Old GM.”

  
  

  The particular question before the court was whether GM would have to answer ignition-related allegations of fraud, like the $10 billion class action for brand damage.

  
  

  Central to this issue is the recall timeline. GM didn’t issue a recall for the affected vehicles until 2014, but the defective ignition switches — which could be turned off by the driver bumping a knee into the switch or from the weight of a heavy keychain — had been quietly redesigned before the bankruptcy restructuring. No cars made after the bankruptcy included the defective switches.

  
  

  The plaintiffs in the lawsuits against GM contend that because some executives at the carmaker knew about the problem for years without issuing a recall, that an alleged cover-up continued into the New GM era.

  
  

  GM disagreed, arguing that there was no cover-up and that the cars and defective parts were both sold by Old GM. The company maintains that as soon as senior management learned of the problem, the company began the recall process.

  
  

  And today a federal bankruptcy court judge sided with the carmaker.

  
  

  In a statement, GM said that the judge “properly concluded that claims based on Old GM’s conduct are barred.”

  
  

  The court did allow that ignition-related lawsuits could be brought against New GM, but they would have be based solely on post-bankruptcy actions of the carmaker.

  
  

  “This ruling padlocks the courthouse doors,” one of the attorneys suing GM said in a statement. “Hundreds of victims and their families will go to bed tonight forever deprived of justice. GM, bathing in billions may now turn its back on the dead and injured, worry free.”

  
  

  Through its own victim compensation fund, GM is paying out an estimated $400 million to victims and their loved ones. As of the latest report from GM, the car company has acknowledged and made payment offers for 84 death and 157 serious injury claims. If a claimant accepts the payment offer from GM, they give up their right to pursue the company in court for the same incident.

  
  

  [via CNN Money]
  
  [via WSJ]

  
  
  
  
  
  
  
  


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by Chris Morran via Consumerist

uSears Pension Fund Requires Cash Infusions From Searsr

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  Sears really didn’t need any more problems, financial or otherwise. Yet the company does have a problem that doesn’t involve its loss of $1.7 billion last year, run-down stores, fleeing customers, and alleged problems with suppliers? The company’s employee pension plan also isn’t doing very well, which has been another drain on the company’s finances.

  
  

  Sears wouldn’t tell the Wall Street Journal exactly what it has invested its pension fund in that has led to such poor returns, but last year the fund posted a return of 1.5%. Those aren’t very good results during a year when a fund with middling performance earned about 7% last year.

  
  

  The company has added $2.85 billion to the pension fund during the last decade. For a company like Sears, that isn’t a lot of money year to year, but it’s also $2 billion that they aren’t spending on things that could improve the company’s financial future.

  
  

  Employees who have been at Sears or Kmart before 2006 are part of the pension plan, so it is still receiving contributions. (Sears and Kmart merged to form Sears Holdings Corporation in 2005.) A company spokesman explained to the WSJ that the company is still meeting its pension obligations. Better performance of its investments in future years may help the plan to keep making payments to retirees for as long as they live.

  
  

  Poor Returns Weigh on Sears Pension Plan [Wall Street Journal]

  
  
  
  
  
  
  
  


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by Laura Northrup via Consumerist

uLottery Security Director Accused Of Winning The Lottery Fraudulentlyr

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  (frankieleon)

  
  
  
  Remember last fall, when lottery officials were trying to locate the mysterious man who bought the winning ticket in the multi-state Hot Lotto game? That situation was strange enough, with the winner or winners trying to remain anonymous and waiting a very long time to come forward. Now the situation has become even weirder, with the lottery’s former security director accused of winning the game fraudulently.
  

  As the security director for the Multi-State Lottery Association, which runs the Hot Lotto, Eddie Raymond Tipton wasn’t supposed to be playing the lottery at all. That’s why the man in the video was wearing a hat and hood to conceal his identity but still not look out of place during a Midwestern winter. Prosecutors believe that Tipton was the person who bought the ticket, but a man from Texas has also been arrested and charged with fraud.

  
  

  That would also explain why the man tried to win without revealing his identity, but how do you rig the lottery? Hot Lotto results come from a computer that randomly generates numbers. Prosecutors currently believe that he may have used a self-deleting malware program to alter the outcome in his favor.

  
  

  Since Tipton was fired and arrested back in January, the Multi-State Lottery Association has replaced all of the computers and software used to generate the winning numbers.

  
  

  We missed this news at the time the conspirators were arrested, but the former director’s trial begins on Monday. Tipster TD let us know about the upcoming trial, musing, “Perhaps it’s time to go back to little numbered balls for all lottery drawings?” .

  
  

  Hot Lotto scandal prompts security changes [Des Moines Register]

  
  
  
  
  
  
  
  


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by Laura Northrup via Consumerist