Oscar animators ready to be taken seriously


BEVERLY HILLS, Calif. (AP) — In the animated feature film category at this year's Oscars, there's a film set in medieval Scotland, another that features old-school video game characters, one that relies heavily on dry British humor, while the other two take inspiration from the supernatural.


It's not exactly kid stuff — and that's how the directors like it.


"I think this year with these films — and so many more — the envelope for animation is being pushed," said "Brave" director Mark Andrews at an Academy Awards event Thursday night honoring the animated feature film nominees. "We keep seeing more risky, deep films that we wouldn't have seen 10 years ago coming out. I wanna be one of those guys pushing it more and more and more because it's not only an awesome medium, but there's so many more stories that we can tell."


The Scotland-set "Brave," a darker fable from Pixar about a rebellious red-headed princess named Merida, will face off against four other animated films at Sunday's 85th annual Academy Awards. The category was first introduced at the 2002 ceremony, with "Shrek" winning the inaugural trophy.


Despite the less lighthearted tone of this year's animated nominees, none cracked the best picture category for a spot alongside the likes of "Argo," ''Lincoln" and "Zero Dark Thirty." (Only three animated films have ever been nominated for best picture at the Oscars: "Beauty and the Beast," ''Up" and "Toy Story 3.")


"Edward Scissorhands" and "The Nightmare Before Christmas" mastermind Tim Burton could take home his first-ever Oscar at the Dolby Theatre ceremony for "Frankenweenie," his black-and-white stop-motion film based on his 1984 live-action short film of the same name.


"Frankenweenie" is among three of the five Oscar nominated films this year that employ stop-motion, the intricate and time consuming animation method that use miniature sculptures and sets. Despite a strong stop-motion presence at this year's Oscars, Burton cited finances, not the omnipresence of computer animation, as the reason that more stop-motion films aren't produced.


"In the case of 'Frankenweenie,' it's not like it was a studio wish-list to-do: 'Let's make black-and-white stop-motion animation,'" said Burton. "You hope it can survive. We all love it."


The other stop-motion nominees are the English seafaring comedy "Pirates! Band of Misfits" from director Peter Lord and the undead tale "ParaNorman" from directors Sam Fell and Chris Butler.


"Wreck-It Ralph" director Rich Moore told the crowd at the motion picture academy's Beverly Hills headquarters that he never envisioned the video game adventure from Disney as a musical, but "Book of Mormon" co-writer Robert Lopez and his wife Kristen Anderson-Lopez did create an original song for the film.


"It didn't work, so it's not in the movie," said Moore. "That's our process. We try lots of stuff. We throw it against the wall, and the stuff that sticks stays in the movie. It's a very organic process making films like this."


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Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang.


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The New Old Age Blog: For Traumatized Caregivers, Therapy Helps

I recently wrote about caregivers who experienced symptoms of traumatic-like stress, and readers responded with heart-rending stories. Many described being haunted by distress long after a relative died.

Especially painful, readers said, was witnessing a loved one’s suffering and feeling helpless to do anything about it.

The therapists I spoke with said they often encountered symptoms among caregivers similar to those shown by people with post-traumatic stress — intrusive thoughts, disabling anxiety, hyper-vigilance, avoidance behaviors and more — even though research documenting this reaction is scarce. Improvement with treatment is possible, they say, although a sense of loss may never disappear completely.

I asked these professionals for stories about patients to illustrate the therapeutic process. Read them below and you’ll notice common themes. Recovery depends on unearthing the source of psychological distress and facing it directly rather than pushing it away. Learning new ways of thinking can change the tenor of caregiving, in real time or in retrospect, and help someone recover a sense of emotional balance.

Barry Jacobs, a clinical psychologist and author of “The Emotional Survival Guide for Caregivers” (Guilford Press, 2006), was careful to distinguish normal grief associated with caregiving from a traumatic-style response.

“Nightmares, lingering bereavement or the mild re-experiencing of events that doesn’t send a person into a panic every time is normal” and often resolves with time, he said.

Contrast that with one of his patients, a Greek-American woman who assisted her elderly parents daily until her father, a retired firefighter, went to the hospital for what doctors thought would be a minor procedure and died there of a heart attack in the middle of the night.

Every night afterward, at exactly 3 a.m., this patient awoke in a panic from a dream in which a phone was ringing. Unable to go back to sleep for hours, she agonized about her father dying alone at that hour.

The guilt was so overwhelming, the woman couldn’t bear to see her mother, talk with her sisters or concentrate at work or at home. Sleep deprived and troubled by anxiety, she went to see her doctor, who works in the same clinic as Dr. Jacobs and referred her to therapy.

The first thing Dr. Jacobs did was to “identify what happened to this patient as traumatic, and tell her acute anxiety was an understandable response.” Then he asked her to “grieve her father’s death” by reaching out to her siblings and her mother and openly expressing her sadness.

Dr. Jacobs also suggested that this patient set aside a time every day to think about her father — not just the end of his life, but also all the things she had loved about him and the good times they’d had together as a family.

Don’t expect your night time awakenings to go away immediately, the psychologist told his patient. Instead, plan for how you’re going to respond when these occur.

Seven months later, the patient reported her panic at a “3 or 4” level instead of a “10” (the highest possible number), Dr. Jacobs said.

“She’ll say, ‘oh, there’s the nightmare again,’ and she can now go back to sleep fairly quickly,” he continued. “Research about anxiety tells us that the more we face what we fear, the quicker we are to extinguish our fear response and the better able we are to tolerate it.”

Sara Qualls, a professor of psychology at the University of Colorado in Colorado Springs, said it’s natural for caregivers to be disgusted by some of what they have to do — toileting a loved one, for instance — and to be profoundly conflicted when they try to reconcile this feeling with a feeling of devotion. In some circumstances, traumatic-like responses can result.

Her work entails naming the emotion the caregiver is experiencing, letting the person know it’s normal, and trying to identify the trigger.

For instance, an older man may come in saying he’s failed his wife with dementia by not doing enough for her. Addressing this man’s guilt, Dr. Qualls may find that he can’t stand being exposed to urine or feces but has to help his wife go to the bathroom. Instead of facing his true feelings, he’s beating up on himself psychologically — a diversion.

Once a conflict of this kind is identified, Dr. Qualls said she can help a person deal with the trigger by using relaxation exercises and problem-solving techniques, or by arranging for someone else to do a task that he or she simply can’t tolerate.

Asked for an example, Dr. Qualls described a woman who traveled to another state to see her mother, only to find her in a profound disheveled, chaotic state. Her mother said that she didn’t want help, and her brother responded with disbelief. Soon, the woman’s blood pressure rose, and she began having nightmares.

In therapy, Dr. Qualls reassured the patient that her fear for her mother’s safety was reasonable and guided her toward practical solutions. Gradually, she was able to enlist her brother’s help and change her mother’s living situation, and her sense of isolation and helplessness dissipated.

“I think that a piece of the trauma reaction that is so devastating is the intense privacy of it,” Dr. Qualls said. “Our work helps people moderate their emotional reactivity through human contact, sharing and learning strategies to manage their responsiveness.”

Dolores Gallagher-Thompson, a professor of psychiatry at Stanford University School of Medicine in California, noted that stress can accumulate during caregiving and reach a tipping point where someone’s ability to cope is overwhelmed.

She tells of a vibrant, active woman in her 60s caring for an older husband who declined rapidly from dementia. “She’d get used to one set of losses, and then a new loss would occur,” Dr. Gallagher-Thompson said.

The tipping point came when the husband began running away from home and was picked up by the police several times. The woman dropped everything else and became vigilant, feeling as if she had to watch her husband day and night. Still, he would sneak away and became more and more difficult.

Both husband and wife had come from Jewish families caught up in the Holocaust during World War II, and the feeling of “complete and utter helplessness and hopelessness” that descended on this older woman was intolerable, Dr. Gallagher-Thompson said.

Therapy was targeted toward helping the patient articulate thoughts and feelings that weren’t immediately at the surface of her consciousness, like, for example, her terror at the prospect of abandonment. “I’d ask her ‘what are you afraid of? If you visualize your husband in a nursing home or assisted living, what do you see?’” Dr. Gallagher-Thompson said.

Then the conversation would turn to the choices the older woman had. Go and look at some long-term care places and see what you think, her psychologist suggested. You can decide how often you want to visit. “This isn’t an either-or — either you’re miserable 24/7 or you don’t love him,” she advised.

The older man went to assisted living, where he died not long afterward of pneumonia that wasn’t diagnosed right away. The wife fell into a depression, preoccupied with the thought that it was all her fault.

Another six months of therapy convinced her that she had done what she could for her husband. Today she works closely with her local Alzheimer’s Association chapter, “helping other caregivers learn how to deal with these kinds of issues in support groups,” Dr. Gallagher-Thompson said.

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Foreign tourists' spending in U.S. rises to new record









The U.S. continues to be a hot destination for big-spending tourists, setting a new record of $168.1 billion in foreign visitor spending in 2012.


The country last year welcomed 66 million foreign visitors, whose spending represents a 10% increase over 2011, said Rebecca Blank, deputy secretary of the U.S. Department of Commerce.


The greatest increase in visitors and spending came from countries with a burgeoning middle class, including China, Brazil and India.








Spending by foreign tourists has been on the rise for the last three years, with tourist hubs such as Los Angeles, Las Vegas, New York and San Francisco reaping much of the spending, Blank said.


"The coasts that are close to Asia and South America will see the notable effects," she said.


The federal government and the tourism industry have been paying special attention to foreign overseas tourists because they typically stay longer and spend more than visitors from Mexico or Canada.


Long-haul foreign visitors spend an average of $4,000 per visit, while visitors from Mexico and Canada — although they represent the greatest number of foreign tourists — spend less than $1,000 per visit, according to federal reports.


Visitor numbers from Europe — once the source of most of the U.S. tourism spending — have been dropping in recent years, as Europeans struggle with economic hardships. But the U.S. Department of Commerce predicts continued growth in tourists from Brazil (274% by 2016), China (135%) and India (50%).


To promote more foreign visitors, the Obama administration and leaders of the travel industry launched in 2011 a public-private partnership to promote the U.S. in foreign countries. The campaign, known as Brand USA, is funded by fees charged to visitors applying for visas and contributions from private firms.


The administration has also pushed the Department of State and the Department of Homeland Security to shorten the wait time for visa interviews and expanded a program to speed low-risk visitors through expedited security lines at major airports.


The number of international visitors rose to 62.3 million in 2011, up from 59.7 million in 2010, according to the Department of Commerce. President Obama has set a goal of welcoming 100 million foreign visitors by 2021.


"Our projection is that the travel and tourism industries are going to create over 1 million jobs in the next decade," Blank said.


hugo.martin@latimes.com





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Rapper Ja Rule set to leave NY prison in gun case


ALBANY, N.Y. (AP) — Platinum-selling rapper Ja Rule was set to leave an upstate prison on Thursday after serving most of his two-year sentence for illegal gun possession but head straight into federal custody in a tax case.


The rapper, who had been in protective custody at the Mid-State Correctional Facility because of his celebrity, has some time remaining on a 28-month sentence for tax evasion, correction officials said. His sentences were expected to run concurrently.


Ja Rule may have less than six months left and may be eligible for a halfway house, defense attorney Stacey Richman said. An order to pay $1.1 million in back taxes is one of the main reasons he wants to get back to work, she said.


"Many people are looking forward to experiencing his talent again," Richman said.


Ja Rule scored a Grammy Award nomination in 2002 for the best rap album with "Pain is Love." He also has appeared in movies, including "The Fast and the Furious" in 2001 and "Scary Movie 3" in 2003.


Ja Rule, who went to the prison in Marcy in June 2011, is getting out at his earliest release date, state correction spokeswoman Linda Foglia said. He had two misbehavior reports for unauthorized phone calls in February 2012 and had work assignments on lawn and grounds crews and participated in education programs, she said.


In the gun case, New York City police said they found a loaded .40-caliber semiautomatic gun in a rear door of Ja Rule's $250,000 luxury car after it was stopped for speeding, and he pleaded guilty in 2010.


He admitted in March 2011 in federal court that he failed to pay taxes on more than $3 million he earned between 2004 and 2006 while he lived in Saddle River, N.J.


"I in no way attempted to deceive the government or do anything illegal," he told the judge. "I was a young man who made a lot of money — I'm getting a little choked up — I didn't know how to deal with these finances, and I didn't have people to guide me, so I made mistakes."


Richman said the 36-year-old rapper, whose real name is Jeffrey Atkins, is looking forward to his daughter's graduation.


"He's a devoted father," she said.


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Rebates for California electricity ratepayers clear hurdle









SACRAMENTO — California electricity ratepayers could get rebates of as much as $1.6 billion from more than a dozen power wholesalers that allegedly manipulated the market during the energy crisis of 2000, the state Public Utilities Commission announced.


The commission in a statement released late Tuesday praised an "initial decision" issued Friday by a federal administrative law judge who ruled in favor of the state in a complaint filed with the Federal Energy Regulatory Commission.


The judge's ruling, which still must be endorsed by the full federal commission, found the power wholesalers guilty of overcharging California utilities and limiting electricity supplies in the summer of 2000. That resulted in high prices and rolling brownouts and blackouts throughout the state that drove one utility, Pacific Gas & Electric Co., into bankruptcy.





The alleged manipulators, the PUC said, citing the judge's ruling, included Powerex, a wholly owned subsidiary of Canadian firm BC Hydro; Shell Energy North America, a subsidiary of Shell Oil Co.; TransAlta Corp. of Alberta, Canada; and the Bonneville Power Administration, part of the U.S. Department of Energy.


A Bonneville spokesman said the government-owned power agency is "disappointed with the outcome" of the judge's initial ruling but needs more time to analyze the decision.


PUC President Michael Peevey called the initial ruling by the judge a vindication for complaints brought by California officials on behalf of electricity ratepayers.


"We've been relentless in our pursuit of economic justice for Californians who were grievously overcharged for electricity during and after the energy crisis of 2000-2001," Peevey said. "We look forward to the day when all of these cases can come to a close and consumers can see the benefit of refunds of the overcharges."


marc.lifsher@latimes.com





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At least 16 hurt in blast and fire at Kansas City restaurant









At least 16 people were hurt and a popular wine bar was destroyed by an apparent natural gas explosion and ensuing fire at an upscale shopping district in Kansas City, Mo., Tuesday evening.


Residents reported smelling natural gas and seeing utility crews in the area before the conflagration. A strong scent of gas hung in the air afterward.


“Early indications are that a contractor doing underground work struck a natural gas line, but the investigation continues,” Missouri Gas Energy, a natural-gas provider, said in a statement.





The Kansas City Fire Department said the incident was under investigation. “It does seem to be an accident,” Fire Chief Paul Berardi said during a late-night news briefing.


JJ's Restaurant and wine bar, just off Country Club Plaza, had apparently been partially evacuated before the blast occurred about 6 p.m.


"This was happy hour at the restaurant. There were patrons in the restaurant," Berardi said.


No fatalities were reported, but officials brought in cadaver dogs to check the rubble. The Kansas City Star reported that one JJ's employee was missing.


The fire raged for two hours, with thick smoke visible for miles. Victims streamed to hospitals; at least four people were in critical condition.


Initially, police said a car had hit a gas main, but officials later discounted that explanation.


Witnesses described a chaotic scene. 


"I was sitting in my living room folding laundry, and felt in my chest -- and heard -- an explosion," said Jamie Lawless, who lives about two blocks from JJ's. "I started freaking out, and I was looking around, and then I saw other people walking outside. You could see giant black smoke billowing up from the plaza area, and nobody really knew what it was."


Sally McVey, who lives across the street from JJ's, said the fire "was growing exponentially, incredibly quickly. It was not like a fire I’ve seen before, where it takes a long time to spread.”


A crowd gathered to watch firefighters battle the blaze. At an apartment building on JJ's block, a woman on a top-floor balcony called down to onlookers.  "'Is my building on fire?' and everybody says, 'Yes, come down!' " McVey said. "She’s like, 'Oh my gosh,' and a lot of people come out of that building with their computers and dogs. She did too.”


JJ's owner, Jimmy Frantze, was out of town, said Kansas City Mayor Sly James, who used to be a fixture at the restaurant. The business, which boasted a selection of 1,800 bottles, had been on the site for 28 years.


“It was 28 years of a great restaurant, and then it has to end like this,” Frantze told the Kansas City Star while driving back from Oklahoma. “I want to make sure to check on my employees to make sure they are all right.”


Kansas City Police Department's bomb squad and officials with the Bureau of Alcohol, Tobacco, Firearms and Explosives were expected to investigate the accident after the search dogs finished looking for victims, Berardi said.


 matt.pearce@latimes.com


ALSO:


Coast Guard: Fuel line leak caused Carnival cruise fire


New York anchorman charged with choking his TV-journalist wife


Executive, charged with slapping baby on Delta flight, loses job





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Anne Hathaway honored by Costume Designers Guild


LOS ANGELES (AP) — Anne Hathaway was deemed best dressed — by people who dress her for work.


The "Alice in Wonderland" and "The Dark Knight Rises" actress, who's nominated for the supporting actress Academy Award for her role in "Les Miserables," was honored Tuesday evening with the spotlight award at the 15th annual Costume Designers Guild Awards. The spotlight award honors actors and directors for their collaborations with costume designers.


"I especially treasure the moment that happens on set when all the choices have been made, rehearsal is done, you're about to start, you look down and you believe in what you're wearing, so that way when you look up, you are gone, and it's finally the character's moment to come alive," said Hathaway while accepting her trophy.


Other celebrity attendees at the Beverly Hills Hotel ceremony hosted by "Community" star Joel McHale included Jon Hamm, Connie Britton, Shirley MacLaine, Amy Poehler, Maya Rudolph and Russell Crowe, who presented Hathaway with her prize.


The costume designers behind "Skyfall," ''Anna Karenina" and "Mirror Mirror" won the night's top prizes. Unlike the Oscars, which lump costume design into one category, the Costume Designers Guild divides film honors across three genres.


The winners were Jany Temime ("Skyfall") for contemporary film, Jacqueline Durran ("Anna Karenina") for period film and Eiko Ishioka ("Mirror Mirror") for fantasy film.


Durran and the late Ishioka will compete against Joanna Johnston ("Lincoln"), Paco Delgado ("Les Miserables") and Colleen Atwood ("Snow White and the Huntsman") for the costume design Oscar at Sunday's 85th annual Academy Awards.


In the TV categories, the winners were Caroline McCall ("Downton Abbey") for period/fantasy series, Molly Maginnis ("Smash") for contemporary series, Lou Eyrich ("American Horror Story: Asylum") for TV movie or mini-series and Judianna Makovsky in the commercial category for a Captain Morgan ad.


"Ugly Betty" and "Once Upon a Time" costume designer Eduardo Castro received the career achievement in TV honor. Makovsky, whose credits include "Big" and "The Hunger Games," was awarded the career achievement award in film.


"I completely forgot I put Tom Hanks in a pair of child's underpants," Makovsky said following a montage of her work.


Other winners included "Titanic" and "Minority Report" assistant costume designer David Le Vey for the distinguished service award and "Saturday Night Live" executive producer Lorne Michaels for the distinguished collaborator award, which was presented by funnyman and "SNL" alum Steve Martin.


"Congratulations, Lorne. I'm so proud of you," said Martin. "It's going to be a long time before I forget this night, but believe me when I tell you, I will forget it."


___


Online:


http://costumedesignersguild.com


___


Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang


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The New Old Age Blog: The Reluctant Caregiver

Now and then, I refer to the people that caregivers tend to as “loved ones.” And whenever I do, a woman in Southern California tells me, I set her teeth on edge.

She visits her mother-in-law, runs errands, helps with the paperwork — all tasks she has shouldered with a grim sense of duty.  She doesn’t have much affection for this increasingly frail 90something or enjoy her company; her efforts bring no emotional reward. Her husband, an only child, feels nearly as detached. His mother wasn’t abusive, a completely different scenario, but they were never very close.

Ms. A., as I’ll call her because her mother-in-law reads The Times on her computer, feels miserable about this. “She says she appreciates us, she’s counting on us. She thanks us,” Ms. A. said of her non-loved one. “It makes me feel worse, because I feel guilty.”

She has performed many services for her mother-in-law, who lives in a retirement community, “but I really didn’t want to. I know how grudging it was.”

Call her the Reluctant Caregiver. She and her husband didn’t invite his parents to follow them to the small city where they settled to take jobs. The elders did anyway, and as long as they stayed healthy and active, both couples maintained their own lives. Now that her mother-in-law is widowed and needy, Ms. A feels trapped.

Ashamed, too. She knows lots of adult children work much harder at caregiving yet see it as a privilege. For her, it is mere drudgery. “I don’t feel there’s anybody I can say that to,” she told me — except a friend in Phoenix and, anonymously, to us.

The friend, therapist Randy Weiss, has served as both a reluctant caregiver to her mother, who died very recently at 86, and a willing caregiver to her childless aunt, living in an assisted living dementia unit at 82. Spending time with each of them made Ms. Weiss conscious of the distinction.

Her visits involved many of the same activities, “but it feels very different,” she said. “I feel the appreciation from my aunt, even if she’s much less able to verbalize it.” A cherished confidante since adolescence, her aunt breaks into smiles when Ms. Weiss arrives and exclaims over every small gift, even a doughnut. She worked in the music industry for decades and, despite her memory loss, happily sings along with the jazz CDs Ms. Weiss brings.

Because she had no such connection with her mother, whom Ms. Weiss described as distant and critical, “it’s harder to do what I have to do,” she said. (We spoke before her mother’s death.) “One is an obligation I fulfill out of duty. One is done with love.”

Unlike her friend Ms. A, “I don’t feel guilty that I don’t feel warmly towards my mother,” Ms. Weiss said. “I’ve made my peace.”

Let’s acknowledge that at times almost every caregiver knows exhaustion, anger and resentment.  But to me, reluctant caregivers probably deserve more credit than most. They are not getting any of the good stuff back, no warmth or laughter, little tenderness, sometimes not even gratitude.

Yet they are doing this tough work anyway, usually because no one else can or will. Maybe an early death or a divorce means that the person who would ordinarily have provided care can’t. Or maybe the reluctant caregiver is simply the one who can’t walk away.

“It’s important to acknowledge that every relationship doesn’t come from ‘The Cosby Show,’” said Barbara Moscowitz when I called to ask her about reluctance. Ms. Moscowitz, a senior geriatric social worker at Massachusetts General Hospital, has heard many such tales from caregivers in her clinical practice and support groups.

“We need to allow people to be reluctant,” she said. “It means they’re dutiful; they’re responsible. Those are admirable qualities.”

Yet, she recognizes, “they feel oppressed by the platitudes. ‘Your mother is so lucky to have you!’” Such praise just makes people like Ms. A. squirm.

Ms. Moscowitz also worries about reluctant caregivers, and urges them to find support groups where they can say the supposedly unsay-able, and to sign up early for community services — hotlines, senior centers, day programs, meals on wheels — that can help lighten the load.

“Caregiving only goes one way – it gets harder, more complex,” she said. “Support groups and community resources are like having a first aid kit. It’s going to feel like even more of a burden, and you need to be armed.”

I wonder, too, if reluctant caregivers have a romanticized view of what the task is like for everyone else. Elder care can be a wonderful experience, satisfying and meaningful, but guilt and resentment are also standard parts of the job description, at least occasionally.

For a reluctant caregiver, “the satisfaction is, you haven’t turned your back,” Ms. Moscowitz said. “You can take pride in that.”


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Macy's seeks to block Martha Stewart Living's pact with Penney









Macy's Inc., the second-largest U.S. department store chain, will go to court in New York on Wednesday to try to persuade a judge to permanently block Martha Stewart Living Omnimedia Inc.'s pact with J.C. Penney Co.


Macy's sued Martha Stewart Living in New York State Supreme Court in Manhattan in January 2012 to stop it from proceeding with an agreement announced with J.C. Penney the previous month. Macy's claims that it has an exclusive right to sell Martha Stewart-branded products in categories such as bedding and cookware.


Opening statements in the nonjury trial will be before state Supreme Court Justice Jeffrey K. Oing.





J.C. Penney Chief Executive Ron Johnson and Macy's CEO Terry Lundgren probably will testify next week, as will Martha Stewart, her company's nonexecutive chairwoman, Macy's spokesman Jim Sluzewski said Tuesday.


In July, Oing granted Cincinnati-based Macy's a preliminary injunction blocking Martha Stewart Living from taking any steps with J.C. Penney on products in the exclusive categories.


In August, Macy's sued J.C. Penney in the same court, seeking to block it from proceeding with the Martha Stewart Living agreement. Oing denied Macy's request in that case.


Macy's said J.C. Penney and Martha Stewart Living "made a conscious business decision" not to disclose their talks to Macy's until the contract was signed to avoid the risk of a restraining order that would bar the agreement.


"Macy's contracted with [Martha Stewart Living Omnimedia] at a time when the MSLO brand was associated with the significantly downscale Kmart and Ms. Stewart was just being released from prison," lawyers for Macy's said in a pretrial memorandum. "Taking losses at first, Macy's moved the brand in soft home goods upscale, a herculean task under the circumstances.


"Now defendants, in complete disregard of the Macy's agreement, seek to reap the rewards of Macy's work and to usurp the benefits of Macy's contract."


Martha Stewart Living has defended its agreement with J.C. Penney, accusing Macy's of breach of contract and saying the retailer stocked and priced Martha Stewart products in a manner that favors private-label brands. Martha Stewart Living also said Macy's couldn't have exercised a five-year renewal option on the agreement because of the breach.


Martha Stewart Living has argued that its original 2006 contract with Macy's allows Martha Stewart Living to design and sell products within the exclusive categories as long as they are sold through the Internet, television or at any retail store branded with the Martha Stewart name that's operated by the company or its affiliates or "prominently" features the brand, according to court filings in the case.


The agreement "gives Macy's the exclusive right, with important exceptions, to sell Martha Stewart-branded products in certain exclusive product categories," Martha Stewart Living said in a pretrial memorandum. "The agreement does not, however, give Macy's any exclusivity — as to design, promotion, sale or anything else — with respect to products that are not Martha Stewart-branded."


J.C. Penney acquired a 17% stake in Martha Stewart Living for $38.5 million in December 2011. The Plano, Texas, department store chain is seeking to revive sales with new mini-stores dedicated to Martha Stewart and other brands.


Martha Stewart Living said in July that J.C. Penney agreed to pay at least $282.9 million in sales commissions over a 10-year period under an amended agreement, a $110.5-million increase from the terms disclosed in December. The amended pact also adds new products.


For Martha Stewart Living, selling its goods to multiple retailers is important to reversing declining sales. The company, which also publishes magazines, has posted losses and decreasing revenue for four straight years, hurt by a drop in advertising demand, and analysts estimate the same for 2012. Its stock lost 44% of its value last year. The New York company announced in November that it was cutting publishing jobs as it focuses on the Web.


Macy's Lundgren has revived the department store partly by adding more exclusive merchandise including Martha Stewart's cookware, kitchen utensils and bed and bath items.


The judge said he has scheduled the trial to run through March 8.





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Civilian deaths in war in Afghanistan drop for first time in 6 years










KABUL, Afghanistan -- Civilian deaths in the war in Afghanistan dropped in 2012 for the first time in six years, a sign of lessening hostilities, but insurgents dramatically expanded their campaign of assassinating government supporters, the United Nations said Tuesday.


The annual U.N. report on civilian casualties in Afghanistan documented a 12% decline in civilian deaths, largely due to fewer ground operations, new limits on airstrikes by U.S.-led coalition forces and fewer suicide bombings by insurgents. Coalition operations resulted in 39% fewer civilian deaths, the report said.





A harsh winter that limited combat operations and insurgent movements also contributed to the drop in casualties as the 11-year conflict shifts to a new phase in which foreign forces step back and Afghan soldiers and police, who possess less deadly weapons, are almost entirely in the lead.


In all, 2,754 civilians died in the war last year, bringing the death toll to 14,728 since 2007, when the U.N. began tracking civilian casualties.


But the report said that targeted killings -- attacks against government employees, tribal and religious leaders and Afghans involved in peace efforts -- resulted in more than twice as many deaths and injuries in 2012, in part because Taliban-led insurgents increased their use of homemade bombs that spread damage over a wider area.


U.N. officials said they were particularly disturbed by a seven-fold increase in casualties among government workers, including the murders of the two top officials in the women’s affairs department in Laghman province, east of Kabul.


"Steep increases in the deliberate targeting of civilians perceived to be supporting the government demonstrates another grave violation of international humanitarian law," Jan Kubis, the U.N. special envoy to Afghanistan, said in a statement. He said the Taliban leaders’ promises to protect civilians so far amounted to "only words."


Insurgents were responsible for 81% of civilian casualties last year, compared to 72% in 2011, the report said, with improvised bombs being the single deadliest weapon.


Civilian deaths and injuries from operations by U.S.-led international forces and Afghan soldiers and police fell by 46%, the U.N. said, due largely to new restrictions by coalition commanders on airstrikes on residential dwellings.


Still, a NATO airstrike last week in eastern Kunar province reportedly killed 10 civilians in addition to four Taliban commanders, provoking fresh ire from President Hamid Karzai. The Afghan leader on Monday ordered his country’s security forces "not to request foreign airstrikes on residential areas" – a move that could further reduce civilian deaths but also hinder Afghan forces that have no air power of their own.


Marine Gen. Joseph F. Dunford, the coalition commander, said this week that his forces would comply with Karzai's order and could continue to operate effectively. The order does not apply to unilateral NATO operations, but experts say that in practice it could give U.S. forces cover for stepping back even further from combat operations as the Obama administration seeks to withdraw half of the remaining 66,000 American troops from Afghanistan by next February.


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