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Spider parts never hurt anyone

The FDA is not happy with Braintree Laboratories for saying it's probably not to blame for insect and spider bits found in some of its laxative offerings, but that even if it were, eh, no biggie:

... In your February 10, 2010 response, you state, "We believe that the foreign matter reported [some not verified] in the complaints do not present inherent health hazard." FDA considers contamination of finished drug products with foreign material (e.g., insects) a significant product quality issue. ...

Via Mass. High Tech, which probably got tired of just covering computer bugs.


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He's a Poe boy

Mike Mennonno exults that there's a new Edgar Allan Poe electrical box, at Boylston and Charles.


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Globe publisher: No decision yet on paywall for boston.com

Christopher Mayer told Emily Rooney on "Greater Boston" tonight he and other Globe execs are still studying how to make consumers pay for their news online - like they do for the paper edition.

Mayer pointed to some considerations:

  • The Web is no longer the only online medium - tablets and other mobile devices can now be used to distribute content.
  • Boston is a more competitive news market than Worcester, where telegram.com will soon begin charging for access.
  • boston.com advertising revenue is "actually very healthy" and the Globe needs to be careful in possibly disrupting that with a paywall that could cut down on page views.


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Crisis in the schools: Rubber bands

MySouthborough.com reports a school in Southborough has banned Silly Bandz, those shaped rubber bands that stores can't stock fast enough:

... "The bracelets are distracting, they are being traded, and children are having conflicts because of them," [the principal] wrote in the letter. ...


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Sovereign Bank branch held up in South Boston

The branch at 474 W. Broadway was held up this afternoon by a man who passed a note but didn't show a weapon, Boston Police tweet.

Wed, 05/19/2010 - 15:00
Neighborhoods: 
Topics: 


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Appeals court blocks $185-million suit by Jets fan over Spygate

The fan - would it surprise you to learn he's a lawyer? - sued Bill Belichick and the Patriots under federal racketeering and New Jersey consumer-protection laws, alleging the team's taping of opponents deprived him of the full value of his season tickets to Jets games.

But the judges of the US Court of Appeals for the Third Circuit in Philadelphia said he'd get no Hail Mary Pass from them.

While the judges acknowledged the difficulty of deciding the case because "simply put, no one in the past has ever brought a legal action quite like this one," they found a variety of decisions from other courts that basically held fans cannot sue over poor decisions by team management (in one case, a judge reasoned that the answer for Cubs fans upset by perpetual suckiness is not the courts but switching their allegiances to the White Sox) and that his rights were spelled out on his tickets:

At best, he possessed nothing more than a contractual right to a seat from which to watch an NFL game between the Jets and the Patriots, and this right was clearly honored. ... Here, Mayer undeniably saw football games played by two NFL teams. This therefore is not a case where, for example, the game or games were cancelled, strike replacement players were used, or the professional football teams themselves did something nonsensical or absurd, such as deciding to play basketball.

The court threw Mayer for an extra penalty by noting that teams and players routinely engage in other potentially dishonest practices - from employing lip readers to pick up signs to players remembering plays when they get traded - and that he did not contest those.

The court did pointedly refuse to condone Belichick's actions, but said Mayer's recourse is to refuse to go to any more NFL games or buy league merchandise.

Complete decision.


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Cat found hanging from a tree in West Roxbury

Wicked Local West Roxbury reports the MSPCA is investigating the death of Mojo the cat on Blueview Circle.


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City Council President: Firefighters won't get their contract without 'meaningful concessions'

City Council President Mike Ross, joined by councilors Mark Ciommo, Charles Yancey and Chuck Turner, said today they were prepared to vote against a proposed firefighters contract unless firefighters make significant concessions.

Ross said that while it's unfair firefighters have gone four years without a contract, he's not prepared to give firefighters a larger increase than other municipal employees have gotten just "to come to work sober" when the city is shutting libraries and community centers the year after it closed schools. He said the $74 million price tag is just too much in times like these.

Ross noted that firefighters in other parts of the country - and other municipal workers in Boston - have agreed to wage reductions or deferrals to save jobs.

"I'm certainly prepared to vote this agreement down, if the best interest of the community dictate," he said.

Ciommo echoed Ross, saying that while "the city is in good financial shape; we do have reserves," the proposed contract is not sustainable for the long term.

Yancey questioned whether the council can ask for givebacks because it's not legally allowed to get involved in labor negotations and blasted the Menino administration for getting the council, firefighters and the city as a whole into the mess it's in now.

Turner said the settlement is just not affordable.


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Three guys with pit bull sought for ransacking unlocked cars in West Roxbury

District E-5 reports it doesn't take much to steal stuff out of cars in West Roxbury: Between 3 and 10 a.m. on Tuesday, police received reports that 12 unlocked cars were ransacked on Iona Street, Sunset Hill Road, Hollywood Road and Centre Street.

On arrival officers did not observe any damage to the motor vehicles. They observed that the doors were ajar, some trunks open, and the interior in some cars rummaged through. Every one of the vehicles was left unlocked and items such as GPS systems, cell phones, iPod’s, and loose change were reported stolen.

Afterwards, neighbors told police they'd seen "three suspicious Hispanic males dressed in dark clothing wandering around the neighborhood with a pit-bull." However, nobody called police at the time.

District E-5 advises residents that if they see suspicious guys in dark clothes wandering around streets that nobody normally walks on late at night, they should dial 911. Also, District E-5 wishes to remind residents to ALWAYS LOCK their cars.


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Court: Nursing home can't be held responsible for collective employee negligence that led to patient's death

The Supreme Judicial Court today dismissed an involuntary-manslaughter charge against a nursing home where a series of mistakes by employees led to an unsupervised dementia patient rolling her wheelchair onto a set of stairs and dying.

The court ruled that while corporations can be held responsible for the actions of their employees, Julia McCauley died in 2004 at the Life Care Center of Acton because of a series of mistakes for which no one is really to blame.

McCauley, who had a history of trying to wander away, was supposed to be wearing an electronic bracelet to alert staffers if she tried going outside. But one employee, misinterpreting a supervisor's instructions, removed the notice her caregiver was supposed to check off each day stating she had the bracelet on. Then, one day her unit was short-staffed and a caregiver unfamiliar with her didn't check to see if she had the bracelet on, since there was no longer any paperwork saying she needed one:

A few minutes later, McCauley, who was not wearing a WanderGuard, left the nursing home in her wheelchair through the two sets of double doors. After passing through the doorways, she fell down eight steps and died as a result of injuries suffered during the fall.

The court said prosecutors failed to prove her death was the result of anything more than a tragic chain of events, and that if no one individual can be charged with a crime, neither can the company:

[A] corporation acts with a given mental state in a criminal context only if at least one employee who acts (or fails to act) possesses the requisite mental state at the time of the act (or failure to act). In the present case, the Commonwealth seeks to satisfy its burden to prove wanton or reckless conduct on the part of the corporate defendant by adding together the actions and omissions of corporate employees who at worst have been merely negligent.

Complete ruling.


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