Papa John’s falls on news of class-action suit
















NEW YORK (AP) — Shares of Papa John‘s declined on Tuesday following news of class-action certification for a lawsuit that claims the pizza chain had unsolicited text messages sent to cell phones.


THE SPARK: The lawsuit filed with the U.S. District Court for the Western District of Washington in Seattle claims Papa John‘s violated state and federal law when they had the marketing company OnTime4U send unsolicited text messages on its behalf to cell phones advertising their pizza products. The lawsuit says that 500,000 illegal text messages were sent to Papa John’s customers across the U.S.













Papa John’s faces potential damages of more than $ 250 million. The plaintiffs may each potentially receive $ 500 or more in damages for each text message.


Messages left with Papa John’s seeking comment were not immediately returned.


SHARE ACTION: Papa John’s International Inc.’s stock fell 34 cents to $ 49.10 in afternoon trading after dropping as low as $ 46.72 earlier in the session. Over the past year, the shares have traded in a range of $ 35.21 to $ 56.41.


Gadgets News Headlines – Yahoo! News



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‘8 Mile’ star gets off easy on beat rap








She’s at the top of the charts — and now she’s cleaning up her rap sheet, too.

Songbird actress Taryn Manning, who played Eminem’s dysfunctional girlfriend in the 2002 movie “8 Mile,” agreed in a Manhattan courtroom yesterday to serve a day of community service to resolve charges that she pummeled her female assistant, Holli Hartman, 23, at the Dream Downtown Hotel in Chelsea last month.

Manning’s deal, which will ultimately result in the dismissal of misdemeanor assault charges, comes a day after her single, “Send Me Your Love,” hit No. 1 on the Billboard Dance charts.




After court, Manning said: “We were two girls hanging out, sharing clothes and suffocating each other. She’s one of my dearest friends and we’re both devastated by this. We both want to resume our friendship.”

She also said she was on a press tour for her song and “doing a lot of press outlets is draining.”

Manning, 33, will do her community service this weekend at a Los Angeles soup kitchen where she is already a volunteer, said her lawyer Joseph Tacopina.

Manning, who starred in the 2005 hit movie “Hustle and Flow,” recently appeared on the TV shows “Sons of Anarchy” and “Hawaii Five-O.”










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No touch screen? Stick with Windows 7




















Q. I recently had to replace my 9-year-old Windows XP computer, and am having trouble adapting to Windows 7.

What are the advantages, if any, for me to upgrade to Windows 8, which I’ve read has touch-screen capability and works with other equipment besides desktop computers? Since I don’t have a touch screen, I’m wondering if there is any point in upgrading.

Peter Robinson Chaska, Minn.





Different versions of Windows 8 are being offered on PCs, tablet computers and smartphones. But in every case the new operating system is primarily aimed at people who are using touch-sensitive screens.

So unless you’re planning to buy a touch-screen device in connection with upgrading to Windows 8, you’re probably better off continuing to use Windows 7. By most accounts, using the touch-screen-oriented Windows 8 with a mouse and keyboard is more difficult than using previous Windows versions with a mouse and keyboard.

In addition, if you find the changes in Windows 7 to be challenging, I suspect you won’t enjoy the more radical changes embodied in Windows 8 (i.e., much different start screen.)

I’m not saying you should never upgrade to Windows 8; just let Microsoft deal with some of these usability issues first.Q. I disagree with your warning to never click the unsubscribe link to put a stop to spam emails. Totally inundated with spam, I began unsubscribing and cut my spam down from more than 50 a day to one or two.

Some spam senders were more difficult to shake than others. I threatened a nonexistent Florida corporation that I would go to their state attorney general’s office, but never heard from them again. I gave a dental company a taste of their own medicine until they finally stopped sending me email. Others just took me off their lists pronto. It has been well worth the effort.

Deborah Gray Mitchell North Miami

Your strategy will work with legitimate companies and with spammers who can be located and threatened with legal action.

Unfortunately, most spam producers are neither legitimate nor traceable. When you respond to their emails, you confirm that yours is a working email address, and therefore fair game.

At the same time, you’ve essentially challenged some spammers to a duel, a risky business because they know your email address. Make sure you have a strong email password to prevent tampering.

Congratulations on your success, but I can’t recommend your approach to others.





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South Florida disaster team heads north to help after Sandy




















The 52 colorful quilts were neatly folded into a red duffel bag and hand-carried to New York City on Monday, where a local fire department will distribute them to victims of Hurricane Sandy.

The gifts from the East Sunrise Quilters Guild were brought north by nurse and educator Debra Hauss-DeJesse, one of 42 members of the South Florida Disaster Medical Assistance Team who left from airports in the region for two-week deployments in the Northeast.

Read the full story at  Sun-Sentinel.com.








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One Direction on What They Look for in a Girl

Ellen DeGeneres is holding her biggest outdoor concert ever with British pop sensation One Direction on Thursday, and we have an advance clip.

RELATED: One Direction Plays Catch with Super Bowl Champ

During the sit-down portion, the boys answer the crucial questions: Which members are single and what do they look for in a girl?

"I like someone that's cute. Someone I can have a laugh with. And I also like people that are American. And you all qualify," said Niall Horan, 19, sending the crowd of teenage girls into frenzy.

Tune in to The Ellen DeGeneres Show November 15 for the full interview and concert. The band's sophomore studio album Take Me Home is available now.

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Beware: ObamaCare’s now reality








President Obama’s re-election and Democratic gains in the US Senate end any possibility of repealing the Obama health law. It will roll out as written, imposing major changes soon on you and your family. If you are uninsured because you can’t afford it, help may be on the way. But if you are one of the 250 million Americans with coverage, there are big problems ahead.

If you get your health insurance through a job, you might lose it as of Jan. 1, 2014. That’s when the new “employer mandate” kicks in, requiring employers with 50 or more full-time workers to provide the government-designed health plan or pay a fine. The government plan is so expensive, it adds $1.79 per hour to the cost of a full-time employee. That’s incidental if you're hiring neurosurgeons but a hefty increase for hiring busboys and sales clerks.




Currently, employers in retail and fast-food industries pay less than half that to cover their workers.To avoid thecostly mandate,some employers will push workers into part-time status. Other employers will opt for the fine. Either way, workers lose their on-the-job coverage.

Worse, they risklosingtheir jobs.Even the fine adds 98 cents an hour to the cost of labor, enough to make some employers cut back on their workforce.

As many as a third of employers are considering canceling coverage, according to McKinsey & Co. management consultants. But that doesn’t mean you’ll be uninsured; you won’t have that choice.

When you file your taxes, you will have to show proof that you are enrolled in the one-size-fits-all plan approved by the federal government. It’s mandatory, starting Jan. 1, 2014, or the IRS will withhold your refund. If you’ve been going without insurance, or your employer drops coverage, your options will be enrolling in Medicaid (if you’re eligible) or buying a government-approved health plan on your state health exchange.

What’s an insurance exchange? It’s like a supermarket that only sells cereal. The exchange will sell only the government-designed plan. In most states, exchanges will be an 800 number, a Web site and a government office, like the DMV. People with household incomes up to $92,200 will be eligible for a subsidy.

If you’re a senior or a baby boomer, expect less care than in the past. Cuts to future Medicare funding pay for more than half the Obama health law. Hospitals, for example, will have $247 billion less to care for same number of seniors than if the law had not passed. Hospitals will spread nurses thinner. California nurses already are striking over the increased workloads.

When Medicare cuts led hospitals to reduce nursing care in the past, elderly patients had a lower chance of surviving their stay and death rates from heart attacks rose, according to a report last year by the National Bureau of Economic Research.

For the first time in history, the federal government will control how doctors treat privately insured patients. Section 1311 of the law empowers the Secretary of Health and Human Services to standardize what doctors do. Even if you have a private plan from Cigna or Aetna and you paid for it yourself, the federal government will have some say over your doctors’ decisions, with an eye toward reducing health-care consumption.

If you sell your house and make a profit, you’ll likely be paying a new 3.8 percent tax on the gain. The law includes about half a trillion dollars in tax hikes, including a new 3.8 percent tax on gains from selling any asset, including your home, small business, stocks or bonds, effective Jan. 1, 2013. That’s on top of capital-gains taxes and applies to any profit that pushes your income over $200,000.

These changes are spelled out in the 2,572-page law, but many more changes will be imposed by regulations yet to be written. The Obama administration is adding federal workers at a rapid pace to churn out and enforce new rules. The government’s own projections say the cost of health-care administration — bureaucrats telling doctors and patients what to do — will soar from $29 billion when President Obama was first elected to $71 billion by 2020, some $40 billion dollars a year more in bureaucracy.

What a shame: That’s enough money to buy private health plans for fully half of all Americans who are now uninsured because they can’t afford it.

Betsy McCaughey, author of the new book “Decoding the Obama Health Law,” is a former lieutenant governor of New York.



Have a comment on this PostOpinion column? Send it in to LETTERS@NYPOST.COM!










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Noven’s niche: The Miami company is key producer of transdermal patches




















At the Noven Pharmaceuticals plant in southwest Miami, scientists and technicians use highly specialized machinery to blend prescription medications and adhesives to make layered transdermal patches that release precise quantities of drugs over time after being applied to a patient’s skin.

Noven, a subsidiary of Japan’s Hisamitsu Pharmaceutical, has about 700 employees nationwide and ranks as a relatively small player among pharma giants. Nonetheless, the company, a leading research and development center for medicinal patches, produces a line of specialty pharmaceuticals and is the U.S. market leader in sales of estrogen patches for women.

“By industry standards, Noven is a small company,” said Jeffrey F. Eisenberg, Noven’s Miami-based president and CEO. “But we have a line of specialized products that competes successfully in the U.S. and overseas. We are experts in developing transdermal patches and produce other pharmaceutical products.”





In one key market — estrogen patches for women — Noven holds about a 68 percent share, he added. And the company has a robust research and development department in Miami at work on a variety of new drugs.

Medications may be delivered to patients orally, via injection or through transdermal patches, which can administer drugs slowly over an extended period of time. While Noven makes products other than medicinal patches, it devotes an important share of resources to transdermal patch technology.

“We have a talented group of scientists who are at the forefront of this specialty,” Eisenberg said. “We have M.D.s, PhDs in biology and chemistry and chemical engineers who specialize in pressure-sensitive adhesives and polymer chemistry.”

Noven has won more than 30 U.S. and 100 international patents and is developing several new drugs. The company recently announced it is making progress on studies to evaluate a new, amphetamine-based transdermal patch for treating Attention Deficit Hyperactivity Disorder (ADHD) in children and adolescents. Currently, there is no such patch approved for use with ADHD, the company said.

Noven also has applied to the U.S. Food & Drug Administration for approval of a new oral, non-hormonal medication to treat menopausal hot flashes.

Making patches is a complex process that requires the design and development of an ideal combination of drug, adhesive and backing, Eisenberg said. Patches must be formulated so that they will deliver a safe and effective dose of medication over a period of time and adhere to the skin as required.

At the Noven patch facility, which has the capacity for making 500 million patches per year, active drug compounds are mixed with custom adhesives in large, specialized kettles. The mix of drug and adhesive is then applied to sheets of release liner material under very precise tolerances. Noven removes a blending solvent from the compound and applies the backing material, making a three-layer patch. Laminate rolls subsequently are sent to punching, pouching and packing machines (Patches are punched into different sizes.). All of this occurs under strict quality control procedures and is not open to the public.

Noven was founded in 1987 by Steven Sablotsky, a chemical engineer, who had worked for another pharmaceutical firm and was an expert in transdermal patches. Noven went public in 1988 and operated as a publicly-traded company until it was taken over in 2009 by Hisamitsu, a Japanese pharmaceutical company that also manufactures and markets transdermal patches. (Salonpas, an over-the-counter analgesic patch widely advertised in South Florida, is made by Hisamitsu.)





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Two more Cuban dissidents allege abuse by former prison official now living in Miami




















Two more Cuban dissidents have alleged that they were abused personally or on the orders of a former Villa Clara provincial prison chief Crescencio Marino Rivero, who now lives in Miami.

Rivero, 71, and his wife Juana Ferrer, both former officers in Cuba’s Interior Ministry and members of the ruling Communist Party, appear to have obtained their U.S. visas and residency without revealing their activities on behalf of the Cuban government.

Wilfredo Allen, one of the two Miami lawyers who referred the allegations against Rivero to U.S. prosecutors two weeks ago, has asked for the start of deportation procedures against the couple. Rivero has denied committing any abuses.





Arturo Conde Zamora said he was 12 or 13 years old and was being held in a reformatory when Rivero hit him with a stick two or three times on his back and legs. Rivero was in charge of the lockup in the Villa Clara village of Maleza.

“He beat me with a stick and then threw me into a cell,” Conde, now 47, told El Nuevo Herald by telephone from his home in the Villa Clara town of Placetas. “He tied me up with a rope and left me in a tapiada” – a cell with a solid steel door instead of bars.

Rivero has been identified as provincial head of youth reformatories and reeducation programs in the 1980s before he was promoted to head Villa Clara’s overall prison system.

Conde said he was sent to a reformatory for chronic school skipping, and was beaten by Rivero and two or three reformatory “re-educators” in 1981 or 1982 because he had fought with one of the other 100 or so youths in the Maleza lockup.

A decade later, Conde added, he was serving a new prison term in the maximum security Alambrada de Manacas prison in Villa Clara when Rivero turned up there following a clash between prisoners and guards.

“Not even 30 minutes later, they brought in dogs to attack the prisoners.” Conde was bitten on the thigh, he said.

Another Placetas dissident, Jorge Luis García Pérez, known as Antunez, said he never saw Rivero personally abuse prisoners. “Officers of that rank don’t have to,” he said, because they can order guards to abuse the inmates.

Antunez alleged that on Feb. 19, 1991, while serving a 5 ½-year sentence for “enemy propaganda” at the La Pendiente prison in Villa Clara, he was taken to see Rivero for his refusal to wear prison uniforms — a type of protest used by many political prisoners.

“Look, you black counterrevolutionary, we’re not going to allow that here,” Antunez, who is black, quoted Rivero as telling him.

Rivero told the guards “take him to the cell and if he takes off his clothes, bust his head,” the dissident added in a phone interview with El Nuevo Herald. Antunez said he did try to take off his clothes and got such a beating that he remembers the exact date.

Antunez and Conde’s allegations, and similar previous accusations against Rivero by three other dissidents, could not be independently confirmed. Rivero did not return an El Nuevo Herald call to his phone last week, and his daughter said he would not speak to the newspaper because his previous comments to other journalists were “distorted.”





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China’s Alibaba Group Q2 net profit doubles: SEC filing
















SHANGHAI (Reuters) – China‘s Alibaba Group more than doubled its April-June net profit and grew sales by 71 percent for the period, proving the country’s largest e-commerce firm has shrugged off intensifying competition in the sector.


Yahoo Inc which sold a partial stake in Alibaba back to the privately-owned group in September, still holds 24 percent of Alibaba.













According to a Yahoo filing to the U.S. Securities and Exchange Commission on Thursday, Alibaba Group’s net attributable income for the quarter was $ 273 million, up 129 percent from a year ago. Revenue rose 71 percent to $ 1.1 billion.


Based on the second-quarter results, Alibaba Group is the second-largest Chinese Internet company by revenue, behind Tencent Holdings and ahead of Baidu Inc. It is the last large China Internet firm that is still private and not required to publicly disclose financial statements.


Alibaba, which runs the Taobao Marketplace, China’s largest business-to-consumer e-commerce website, and Alibaba.com, China’s largest business-to-business platform, has a business model that revolves around online advertising and subscription fees.


Alibaba’s profit for the first nine months of the year was up more than 300 percent to $ 730.4 million, while revenue was up 74 percent to $ 2.9 billion.


Alibaba’s soaring growth reflects the underlying boom in China’s e-commerce industry that was worth 278.84 billion yuan ($ 45 billion) in gross transaction value in the second quarter.


However, the rise in e-commerce has led to intensifying competition in the sector with e-commerce firms launching price wars and sales events to lure consumers to their platform.


On Sunday, China’s e-commerce players such as 360buy, Ecommerce China Dangdang Inc and Alibaba launched a “11.11″ sale, a massive online sale akin to Cyber Monday in the United States. The “11.11″ sale offered big discounts on electronics and apparel to tempt users to shop.


Alibaba said it recorded its highest one-day gross transaction value, at 19.1 billion yuan ($ 3.06 billion), on Sunday. ($ 1 = 6.2450 Chinese yuan)


(Reporting by Melanie Lee; Editing by Muralikumar Anantharaman)


Tech News Headlines – Yahoo! News



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Self-publishing industry explodes, brings rewards, challenges




















The publishing world is being upended, and reinvented, by people like Hugh Howey, Ily Goyanes and Kristy Montee.

They are part of a movement using the power of e-books and the Internet to lead publishing into a new frontier, and through the biggest upheaval of the industry since Guttenberg’s press.

“It’s the Wild West,” Montee said. “It is literally changing at the speed of light.”





Howey is a writer who authored, designed, formatted and self-published all but the very first of his 14 novelettes and stories as e-books — and saw his Wool series of sci-fi stories make the Top 100 Kindle Best Sellers of 2012, above J.K. Rowling’s The Casual Vacancy and the four-book bundle of George R. R. Martin’s A Game of Thrones.

Goyanes is one of a new breed of independent publishers filling the void between self-publishing and traditional publishing giants, offering technical, marketing and distribution help for do-it-yourself authors.

Montee is a Fort Lauderdale-based writer better known to her readers — along with her sister and writing partner, Kelly Nichols — as P.J. Parrish, the pseudonymous author of the Louis Kincaid and Joe Frye thriller series. She’s among the new “hybrid authors,” with a foot in both traditional and the self-published worlds.

“For a long, long, long time in our business anything that you published yourself just had a stench of amateurism about it,” she said. “That was just for desperate people who couldn’t make their way through the labyrinth of the New York system, so they resorted to paying pretty much scam artists to publish their books for them at great expense. And then, Amazon came out with the Kindle, which pretty much changed everything.”

With the stigma fading, and Amazon’s help, self-publishing has exploded. On its website, Publishers Weekly last month cited a new analysis of data from Bowker, which shows the number of self-published books produced annually in the U.S. has nearly tripled, growing 287 percent since 2006, with 235,625 print and e-titles released in 2011.

As a “mid-list author” with 13 moderately successful books to her name, Montee felt the pressure when her publisher began trimming its author list to reduce costs.

“So a lot of us, and this includes a lot of my friends,” began looking for ways to survive independently, Montee said. “Amazon made it extremely easy and very attractive to go self-publish through their model.”

She and her sister regained rights to two of their early books to re-publish and have a novella in the works they plan to self-publish.

The advantages, and the profits, can be huge. The downside, of course, would make a Vegas gambler sweat.

“The largest, by far, percentage of authors are making less than $500 a year self-publishing, because there’s a glut,” said M.J. Rose, a best-selling novelist and founder of the writer’s marketing company AuthorBuzz.com. “There’s over 350,000 books being self-published every year and readers are not finding them. There’s just no way to expose people to all of these books.”

Howey, however, who spends mornings writing at his home in Jupiter, might be the perfect example of what “making it” looks like in this thoroughly modern twist on every writer’s dream. He began writing while working at a bookstore, and he received a modest advance when a small press picked up his first novel.





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