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Russian missile wrecks apartment block, killing 3, as EU leaders visit Kyiv

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  • Zelenskiy gives gloomy assessment on Russian offensive in east
  • Russian strike destroys apartment building; 4 dead – officials
  • Lavrov says Russia will respond to long-range rocket deliveries
  • European Commission chief in Kyiv to discuss Ukraine’s EU bid
  • Zelenskiy vows more anti-corruption measures

KYIV, Feb 2 (Reuters) – A Russian missile destroyed an apartment building in the eastern Ukrainian city of Kramatorsk, killing at least three people, police said, as top European Union officials arrived in Kyiv for talks seen as key to Ukraine’s pivot towards the West.

Ukraine’s President Volodymyr Zelenskiy vowed more anti-corruption measures as authorities continued raids ahead of Friday’s EU meeting, reflecting his determination to show that Kyiv can be a reliable steward of billions of dollars in aid.

“We are here together to show that the EU stands by Ukraine as firmly as ever. And to deepen further our support and cooperation,” the head of the European Commission, Ursula von der Leyen, tweeted as she arrived in Kyiv by train on Thursday.

Ukraine sees the meeting as important to its hopes of joining the bloc, a process likely to take years.

In his evening video address, Zelenskiy also gave another bleak assessment of the battlefield situation as Russian forces continued to make incremental gains in the east of the country as the first anniversary of Moscow’s invasion looms on Feb. 24.

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In Kramatorsk, a Russian Iskander-K tactical missile struck at 9:45 p.m. (1945 GMT) on Wednesday, killing at least three people and injuring 20 others, police said.

“At least eight apartment buildings were damaged. One of them was completely destroyed,” police said in a Facebook post.

“People may remain under the rubble.”

Kramatorsk is about 55 km (34 miles) northwest of Bakhmut, currently the main focus of fighting in eastern Ukraine.

‘TOUGHER’ ON EASTERN FRONT

Russia, determined to make progress before Ukraine gets newly promised Western battle tanks and armoured vehicles, has picked up momentum on the battlefield and announced advances north and south of Bakhmut, which has suffered persistent Russian bombardment for months.

“Definite increase has been noted in the offensive operations of the occupiers on the front in the east of our country. The situation has become tougher,” Zelenskiy said in his evening video broadcast.

“The enemy is trying to achieve at least something now to show that Russia has some chances on the anniversary of the invasion,” he added.

Bakhmut and 10 towns and villages around it came under Russian fire, the Ukrainian military said late on Wednesday.

Avdiivka, another major Russian target, the nearby town of Maryinka and some neighbouring settlements were also hit, the military added.

Russian forces are pushing from both the north and south to encircle Bakhmut, using their superior troop numbers to try to cut it off from re-supply and force the Ukrainians out, Ukrainian military analyst Yevhen Dikiy said.

“This for us is the most difficult scenario,” Dikiy told Espreso TV.

“The enemy is able to use its sole resource, which it has in excess, its men,” he said, describing a landscape to the northeast of Bakhmut “literally covered with corpses”.

Ukraine and its Western allies say Moscow has taken huge losses around Bakhmut, sending in waves of poorly equipped troops, including thousands of convicts recruited from prisons as mercenaries.

A former commander of Russia’s Wagner mercenary group who fled to Norway in January told Reuters he wanted to apologise for fighting in Ukraine and was speaking out to bring perpetrators of atrocities to justice.

“First of all, repeatedly, and again, I would like to apologise,” Andrei Medvedev, 26, said.

ROCKETS

Ukraine has secured pledges of weapons from the West offering new capabilities – the latest expected this week to include rockets from the United States that would nearly double the range of Ukrainian forces.

“We’re focused on providing Ukraine the capability that it needs to be effective in its upcoming anticipated counter- offensive in the spring,” U.S. Defense Secretary Lloyd Austin said during a visit to the Philippines on Thursday.

The new weapons would put all of Russia’s supply lines in eastern Ukraine, as well as parts of Crimea, within range of Ukrainian forces.

Moscow says such rockets will escalate the conflict but not change its course.

“The greater the range of the weapons supplied to the Kyiv regime the more we will have to push them back from territories which are part of our country,” Foreign Minister Sergei Lavrov told Russian state TV on Thursday. Moscow claims to have annexed four Ukrainian provinces last year, as well as Crimea which it seized in 2014.

Russian forces are probing areas of weakness in Ukraine’s defences on the western edges of Luhansk region, its governor Serhiy Gaidai told Ukrainian TV on Thursday.

“The amount of shelling has increased, the number of attacks in the direction of Svatove-Kreminna has increased… They are piling up our positions with bodies,” Gaidai said.

Reuters could not confirm the battlefield reports.

President Vladimir Putin sent troops into Ukraine last February in a “special military operation” to “disarm” its neighbour. He now casts the campaign as a fight to defend Russia against an aggressive West. Ukraine and the West call it an illegal war to expand Russian territory.

Reporting by Reuters bureaux
Writing by Himani Sarkar and Gareth Jones
Editing by Robert Birsel and Peter Graff

Our Standards: The Thomson Reuters Trust Principles.

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US

North Korea says U.S. drills have pushed situation to ‘extreme red-line’ -KCNA

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SEOUL, Feb 2 (Reuters) – North Korea’s Foreign Ministry said on Thursday that drills by the United States and its allies have pushed the situation to an “extreme red-line” and threaten to turn the peninsula into a “huge war arsenal and a more critical war zone.”

The statement, carried by state news agency KCNA, said Pyongyang was not interested in dialogue as long as Washington pursues hostile policies.

“The military and political situation on the Korean peninsula and in the region has reached an extreme red-line due to the reckless military confrontational maneuvers and hostile acts of the U.S. and its vassal forces,” an unnamed ministry spokesperson said in the statement.

In Washington, the White House rejected the North Korean statement and reiterated a willingness to meet with North Korean diplomats “at a time and place convenient for them.”

“We have made clear we have no hostile intent toward the DPRK and seek serious and sustained diplomacy to address the full range of issues of concern to both countries and the region,” said a spokesperson for the White House National Security Council.

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The North Korean statement cited a visit to Seoul this week by U.S. Defense Secretary Lloyd Austin. On Tuesday Austin and his South Korean counterpart vowed to expand military drills and deploy more “strategic assets,” such as aircraft carriers and long-range bombers, to counter North Korea’s weapons development and prevent a war.

“This is a vivid expression of the U.S. dangerous scenario which will result in turning the Korean peninsula into a huge war arsenal and a more critical war zone,” the North Korean statement said.

North Korea will respond to any military moves by the United States, and has strong counteraction strategies, including “the most overwhelming nuclear force” if necessary, the statement added.

More than 28,500 American troops are based in South Korea as a legacy of the 1950-1953 Korean War, which ended in an armistice rather than a peace treaty.

“We reject the notion that our joint exercises with partners in the region serve as any sort of provocation. These are routine exercises fully consistent with past practice,” the White House statement said.

Last year, North Korea conducted a record number of ballistic missile tests, which are banned by United Nations Security Council resolutions. It was also observed reopening its shuttered nuclear weapons test site, raising expectations of a nuclear test for the first time since 2017.

In New York, South Korea’s foreign minister, Park Jin, met with the United Nations Secretary-General Antonio Guterres on Wednesday and called for the U.N.’s continued attention to North Korea’s recent provocations and efforts to implement sanctions on the reclusive regime.

Guterres said any resumption of nuclear testing by North Korea would deal a devastating blow to regional and international security, and reaffirmed support to build lasting peace on the Korean peninsula, according to Park’s office.

Park is on a four-day trip to the United States, which will include a meeting with U.S. Secretary of State Antony Blinken in Washington on Friday.

On Wednesday the United States and South Korea carried out a joint air drill with American B-1B heavy bombers and F-22 stealth fighters, as well as F-35 jets from both countries, according to South Korea’s Defense Ministry.

“The combined air drills this time show the U.S.’ will and capabilities to provide strong and credible extended deterrence against North Korea’s nuclear and missile threats,” the Defense Ministry said in a statement.

Reporting by Josh Smith; Additional reporting by Soo-hyang Choi and Steve Holland; Editing by Jonathan Oatis, Bill Berkrot and Gerry Doyle

Our Standards: The Thomson Reuters Trust Principles.

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Business

Airbus and Qatar Airways settle bitter A350 jet row

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PARIS, Feb 1 (Reuters) – Airbus (AIR.PA) and Qatar Airways have settled a dispute over grounded A350 jets, the companies said on Wednesday, averting a potentially damaging UK court trial after a blistering 18-month feud that tore the lid off the global jet market.

The “amicable and mutually agreeable settlement” ends a $2 billion row over surface damage on the long-haul jets. The spat led to the withdrawal of billions of dollars’ worth of jet deals by Airbus and prompted Qatar to increase purchases from Boeing.

The cancelled orders for 23 undelivered A350s and 50 smaller A321neos have been restored under the new deal, which is also expected to see Airbus pay several hundred million dollars to the Gulf carrier, while winning a reprieve from other claims.

Financial details were not publicly disclosed.

The companies said neither admitted liability. Both pledged to drop claims and “move forward and work together as partners”.

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The deal heads off what amounted to an unprecedented public divorce trial between heavyweights in the normally tight-knit and secretive $150 billion jet industry.

The two sides had piled up combined claims and counter-claims worth about $2 billion ahead of the June trial.

French Finance Minister Bruno Le Maire welcomed the deal, which came in the wake of increasing political involvement amid close ties between France, where Airbus is based, and Qatar.

“It is the culmination of significant joint efforts. It is excellent news for the French aerospace industry,” he said.

Airbus shares closed up 1% before the announcement.

Qatar Airways had taken the unusual step of publicly challenging the world’s largest planemaker over safety after paint cracks exposed gaps in a sub-layer of lightning protection on its new-generation A350 carbon-composite jets.

Airbus had acknowledged quality flaws but, backed by European regulators, had insisted that the jets were safe and accused the airline of exaggerating flaws to win compensation.

DAMAGES

Supported by a growing army of lawyers, both sides repeatedly bickered in preliminary hearings over access to documents, to the growing frustration of a judge forced to order co-operation.

Analysts said the deal would allow both sides to feel vindicated, with Qatar Airways winning damages and recognition that the problem lay outside the manual and therefore required a new repair, and Airbus standing its ground on safety and spared the difficult task of finding a home for cancelled A350s.

Qatar will get the in-demand A321neos needed to plan its growth, albeit three years later than expected, in 2026. Airbus’ decision to revoke that order, separate from the disputed A350 contract, had been criticised by global airlines group IATA.

Airbus said it had done its best to avoid pushing Qatar too far back in the queue, though some experts question whether it could have met the earlier schedule because of supply problems.

The settlement is also expected to stop the clock ticking on a claim for grounding compensation that had been growing by $6 million a day, triggered by a clause agreed upon after the repainting of a jet for the World Cup revealed significant surface damage.

Originally valued at $200,000 per day per plane, Airbus’ theoretical liability was ratcheting upwards by a total of $250,000 an hour for 30 jets – or $2 billion a year – by the time the deal was struck, based on court filings. Neither side commented on settlement details.

Airbus said it would now work with the airline and regulators to provide the necessary “repair solution” and return Qatar’s 30 grounded planes to the air.

Confirmation of a settlement came after Reuters reported a deal could arrive as early as Wednesday. In 2021, a Reuters investigation revealed other airlines had been affected by A350 skin degradation, all of whom said it was “cosmetic”.

The dispute has focused attention on the design of modern carbon-fibre jets, which do not interact as smoothly with paint as traditional metal ones, and shed light on industrial methods.

Additional reporting by Leigh Thomas, Michel Rose
Editing by David Goodman, Diane Craft and Gerry Doyle

Our Standards: The Thomson Reuters Trust Principles.

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World

Ukraine raids home of billionaire in war-time anti-corruption crackdown

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  • Security services make sweeping raids before EU summit
  • Homes of billionaire, former interior minster searched
  • New U.S. weapons would nearly double Ukraine’s range
  • Ukrainian soldier says fighting Russian forces in Bakhmut

KYIV, Feb 1 (Reuters) – Security services searched the home of one of Ukraine’s most prominent billionaires on Wednesday, moving against a figure once seen as President Volodymyr Zelenskiy’s sponsor in what the authorities called a war-time anti-corruption purge.

The action, days before a summit with the European Union, appears to reflect determination by Kyiv to demonstrate that it can be a steward of billions of dollars in Western aid and shed a reputation as one of the world’s most corrupt states.

It came as Kyiv has secured huge pledges of weapons from the West in recent weeks offering new capabilities – the latest expected this week to include rockets from the United States that would nearly double the firing range of Ukrainian forces.

Photographs circulating on social media appeared to show Ihor Kolomoiskiy dressed in a sweatsuit and looking on in the presence of an SBU security service officer at his home.

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The SBU said it had uncovered the embezzlement of more than $1 billion at Ukraine’s biggest oil company, Ukrnafta, and its biggest refiner, Ukrtatnafta. Kolomoiskiy, who has long denied wrongdoing, once held stakes in both firms, which Zelenskiy ordered seized by the state in November under martial law.

Separate raids were carried out at the tax office, and the home of Arsen Avakov, who led Ukraine’s police force as interior minister from 2014-2021. The SBU said it was cracking down on “people whose actions harm the security of the state in various spheres” and promised more details in coming days.

“Every criminal who has the audacity to harm Ukraine, especially in the conditions of war, must clearly understand that we will put handcuffs on his hands,” Ukraine’s security service chief Vasyl Malyuk was quoted as saying on the SBU Telegram channel.

The prosecutor general’s office said the top management of Ukrtatnafta had been notified it was under suspicion, as were a former energy minister, a former deputy defence minister and other officials.

Kolomoiskiy, who faces a fraud case in the United States, has been at the centre of corruption allegations and court disputes for years that Western donors have said must be resolved for Kyiv to win aid.

Zelenskiy, who first came to fame as the star of a sitcom on Kolomoiskiy’s TV station, has long promised to rid Ukraine of so-called oligarchs, but had faced accusations that he was unable to move decisively against his former sponsor.

In an address overnight before the raids, he alluded to new anti-corruption measures in time for Friday’s summit, at which Ukraine is expected to seek firm steps towards joining the EU.

“We are preparing new reforms in Ukraine. Reforms that will change the social, legal and political reality in many ways, making it more human, transparent and effective,” he said, promising to reveal the details soon.

LONGER RANGE MISSILES

Ukrainian forces which recaptured swathes of territory from Russian troops in the second half of 2022 have seen their advance stall since November. Kyiv says the key to regaining the initiative is securing advanced Western weaponry.

Two U.S. officials said a new $2 billion package of military aid to be announced as soon as this week would for the first time include Ground Launched Small Diameter Bombs (GLSDB), a new weapon designed by Boeing. (BA.N)

The cheap gliding missiles can strike targets more than 150 km (90 miles) away, a dramatic increase over the 80 km range of the rockets fired by HIMARS systems which changed the face of the war when Washington sent them last summer.

That would put all of the Russian-occupied territory on Ukraine’s mainland, as well as parts of the Crimea peninsula seized by Moscow in 2014, within range of Kyiv’s forces.

Kremlin spokesman Dmitry Peskov said the arrival of longer range U.S. weapons would escalate the conflict.

Western countries pledged scores of advanced main battle tanks for the first time last week, a breakthrough in support aimed at giving Kyiv the capability to recapture occupied territory this year.

But the arrival of the new weapons is still months away, and in the meantime, Russia has gained momentum on the battlefield, announcing advances north and south of the city of Bakhmut, its main target for months.

Kyiv disputes many of those claims and Reuters could not independently verify the full situation, but the locations of reported fighting clearly indicate incremental Russian advances.

Troops were fighting building to building in Bakhmut for gains of barely 100 metres (yards) a night, and the city was coming under constant Russian shelling, a soldier in a Ukrainian unit of Belarusian volunteers told Reuters from inside the city.

Ukraine’s general staff said late on Tuesday its forces had come under fire in Bakhmut and the villages of Klishchiivka and Kurdyumivka on its southern approaches.

South of Bakhmut, Russia has also launched a major new offensive this week on Vuhledar, a longstanding Ukrainian-held bastion at the junction of the southern and eastern front lines. Kyiv says its forces have so far held there.

PURGE

The infusion of Western military and financial aid creates new pressure on Zelenskiy to demonstrate his government can clean up Ukraine.

Last week, he purged more than a dozen senior officials following a series of scandals and graft allegations in the biggest shakeup of Ukraine’s leadership since the invasion.

Following Wednesday’s raids, the parliamentary leader of Zelenskiy’s Servant of the People party, David Arakhamia, wrote on Telegram: “The country will change during the war. If someone is not ready for change, then the state itself will come and help them change.”

Reporting by Reuters bureaux
Writing by Peter Graff
Editing by Philippa Fletcher

Our Standards: The Thomson Reuters Trust Principles.

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World

Western allies differ over jets for Ukraine as Russia claims gains

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  • Biden says ‘no’ when asked about F-16s for Ukraine
  • Zelenskiy says Moscow seeks ‘big revenge’
  • Russian administrator claims foothold in Vuhledar
  • Kyiv could recapture ground when Western weapons arrive – group

KYIV, Jan 31 (Reuters) – Ukraine’s defence minister is expected in Paris on Tuesday to meet President Emmanuel Macron amid a debate among Kyiv’s allies over whether to provide fighter jets for its war against Russia, after U.S. President Joe Biden ruled out giving F-16s.

Ukraine planned to push for Western fourth-generation fighters like F-16s after securing supplies of main battle tanks last week, an adviser to Defence Minister Oleksiy Reznikov said on Friday.

Asked at the White House on Monday if the United States would provide F-16s, Biden told reporters: “No.”

But France and Poland appear to be willing to entertain any such request from Ukraine, with Macron telling reporters in The Hague on Monday that “by definition, nothing is excluded” when it comes to military assistance.

In remarks carried on French television before Biden spoke in Washington, Macron stressed any such move would depend on several factors including the need to avoid escalation and assurances that the aircraft would not “touch Russian soil.” He said Reznikov would also meet his French counterpart Sebastien Lecornu in Paris on Tuesday.

In Poland on Monday, Prime Minister Mateusz Morawiecki also did not rule out a possible supply of F-16s to neighbouring Ukraine, in response to a question from a reporter before Biden spoke.

Morawiecki said in remarks posted on his website that any such transfer would take place “in complete coordination” with NATO countries.

Andriy Yermak, head of the Ukraine president’s office, noted “positive signals” from Poland and said France “does not exclude” such a move in separate posts on his Telegram channel.

NATO Secretary-General Jens Stoltenberg was in Japan on Tuesday where he thanked Tokyo for the “planes and the cargo capabilities” it is providing Ukraine. A day earlier in South Korea he urged Seoul to increase its military support to Ukraine.

Biden’s comment came shortly after Ukrainian President Volodymyr Zelenskiy said Russia had begun exacting its revenge for Ukraine’s resistance to its invasion with relentless attacks in the east, where it appeared to be making incremental gains.

Zelenskiy has warned for weeks that Moscow aims to step up its assault after about two months of virtual stalemate along the front line that stretches across the south and east.

Ukraine won a huge boost last week when Germany and the United States announced plans to provide heavy tanks, ending weeks of diplomatic deadlock on the issue.

While there was no sign of a broader new Russian offensive, the administrator of Russian-controlled parts of Ukraine’s eastern Donetsk province, Denis Pushilin, said Russian troops had secured a foothold in Vuhledar, a coal-mining town whose ruins have been a Ukrainian bastion since the outset of the war.

Pushilin said that despite “huge losses” Ukrainian forces were consolidating positions in industrial facilities.

‘BATTLE FOR EVERY METER’

Pushilin said Ukrainian forces were throwing reinforcements at Bakhmut, Maryinka and Vuhledar, towns running from north to south just west of Donetsk city. The Russian state news agency TASS quoted him as saying Russian forces were making advances there, but “not clear-cut, that is, here there is a battle for literally every meter.”

Ukrainian military analyst Oleh Zhdanov said Ukraine still controlled Maryinka and Vuhledar, where Russian attacks were less intense on Monday.

Pushilin’s adviser, Yan Gagin, said fighters from Russian mercenary force Wagner had taken partial control of a supply road leading to Bakhmut, a city that has been Moscow’s focus for months.

A day earlier, the head of Wagner said his fighters had secured Blahodatne, a village just north of Bakhmut, although Kyiv said it had repelled assaults on Blahodatne.

Reuters could not independently verify the battlefield reports. But the locations of the reported fighting indicated clear, though gradual, Russian gains.

In central Zaporizhzhia region and in southern Kherson region, Russian forces shelled more than 40 settlements, Ukraine’s General Staff said. Targets included the city of Kherson, where there were casualties.

The Russians also launched four rocket attacks on Ochakiv in southern Mykolaiv, the army said, on the day Zelenskiy met the Danish prime minister in Mykolaiv city, to the northeast.

WESTERN DELAYS

Zelenskiy is urging the West to hasten delivery of its promised weapons so Ukraine can go on the offensive, but most of the hundreds of tanks pledged by Western countries are months away from delivery.

British Defence Minister Ben Wallace said the 14 Challenger tanks donated by Britain would be on the front line around April or May, without giving an exact timetable.

Kremlin spokesperson Dmitry Peskov said Western countries supplying arms leads “to NATO countries more and more becoming directly involved in the conflict – but it doesn’t have the potential to change the course of events and will not do so.”

The U.S.-based Institute for the Study of War think-tank said “the West’s failure to provide the necessary materiel” last year was the main reason Kyiv’s advances had halted since November.

The researchers said in a report that Ukraine could still recapture territory once the promised weapons arrive.

The Belarusian defence ministry said on Tuesday that Russia and Belarus had started a week-long session of staff training in preparation for joint drills in Russia in September.

The Russian invasion of Ukraine, which Moscow justifies as necessary to protect itself from its neighbour’s ties with the West, has killed tens of thousands of people and driven millions from their homes.

Reporting by Reuters bureaus; Writing by Doina Chiacu and Stephen Coates; Editing by Cynthia Osterman & Simon Cameron-Moore

Our Standards: The Thomson Reuters Trust Principles.

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Business

U.S. court rejects J&J bankruptcy strategy for thousands of talc lawsuits

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Jan 30 (Reuters) – A U.S. appeals court on Monday shot down Johnson & Johnson’s (JNJ.N) attempt to offload tens of thousands of lawsuits over its talc products into bankruptcy court. The ruling marked the first major repudiation of an emerging legal strategy with the potential to upend U.S. corporate liability law.

J&J is among four major companies that have filed so-called Texas two-step bankruptcies to avoid potentially massive lawsuit exposure. The tactic involves creating a subsidiary to absorb the liabilities and to immediately file for Chapter 11.

The court ruled the healthcare conglomerate improperly placed its subsidiary into bankruptcy even though it faced no financial distress. J&J’s two-step sought to halt more than 38,000 lawsuits from plaintiffs alleging the company’s baby powder and other talc products caused cancer. The appeals court ruling revives those lawsuits.

Reuters last year detailed the secret planning of Texas two-steps by Johnson & Johnson and other major firms in a series of reports exploring corporate attempts to evade lawsuits through bankruptcies.

Monday’s decision by the U.S. 3rd Circuit Court of Appeals in Philadelphia dismissed the bankruptcy filed by the J&J subsidiary in 2021. Before the filing, J&J had faced costs of $3.5 billion in verdicts and settlements.

J&J shares closed down 3.7% – the biggest one-day percentage decline in two years. The company said in a statement that it would challenge the ruling and that its talc products are safe.

Plaintiffs attorneys and some legal experts have argued the two-step could set a dangerous precedent, providing a blueprint for any corporation to easily avoid undesirable litigation. The appeals court decision could force companies considering the strategy to more carefully consider its risks, two legal experts said.

“It is a push back on the notion that any company anywhere can use the same tactic to get rid of their mass tort liability,” said Lindsey Simon, a professor at University of Georgia School of Law.

Bankruptcy filings typically suspend litigation in trial courts, forcing plaintiffs into often time-consuming settlement negotiations while leaving them unable to pursue their cases in the courts where they originally sued.

The 3rd Circuit ruling does not directly impact three other Texas two-step bankruptcies, filed by subsidiaries of Koch Industries-owned Georgia Pacific, global construction giant Saint-Gobain(SGOB.PA), and Trane Technologies (2IS.F). Those cases fall under the jurisdiction of the 4th Circuit appeals court. 3M (MMM.N) attempted a similar maneuver, which is currently pending in the 7th Circuit.

Those companies did not comment on the 3rd Circuit ruling or did not immediately respond to inquiries. All have previously defended the bankruptcies as the best way to fairly compensate claimants. Plaintiffs’ attorneys have countered that the Texas two-step is an improper manipulation of the bankruptcy system. The strategy uses a Texas law to split an existing company in two, creating the new subsidiary meant to shoulder the lawsuits.

New Jersey-based Johnson & Johnson, valued at more than $400 billion, said its subsidiary’s bankruptcy was initiated in good faith. J&J initially pledged $2 billion to the subsidiary to resolve talc claims and entered into an agreement to fund an eventual settlement approved by a bankruptcy judge.

“Resolving this matter as quickly and efficiently as possible is in the best interests of claimants and all stakeholders,” J&J said.

A three-judge panel on the appeals court rejected J&J’s argument, finding the company’s subsidiary, LTL Management, was created solely to file for Chapter 11 protection but had no legitimate need for it. Only a debtor in financial distress can seek bankruptcy, the panel ruled. The judges pointed out that J&J assured that it would give LTL plenty of money to pay talc claimants.

“Good intentions – such as to protect the J&J brand or comprehensively resolve litigation – do not suffice alone,” the judges said in a 56-page opinion. “LTL, at the time of its filing, was highly solvent with access to cash to meet comfortably its liabilities.”

‘PROJECT PLATO’

The decision could force J&J to fight talc lawsuits for years in trial courts. The company has a mixed record fighting the suits so far. While the firm was hit with major judgments in some cases before filing bankruptcy, more than 1,500 talc lawsuits have been dismissed and the majority of cases that have gone to trial have resulted in verdicts favoring J&J, judgments for the company on appeal, or mistrials, according to its subsidiary’s court filings.

A December 2018 Reuters investigation revealed that J&J officials knew for decades about tests showing that the company’s talc sometimes contained traces of carcinogenic asbestos but kept that information from regulators and the public. J&J has said its talc does not contain asbestos and does not cause cancer.

Facing unrelenting litigation, J&J enlisted law firm Jones Day, which had helped other companies execute Texas two-step bankruptcies to address asbestos-related lawsuits.

J&J’s effort, as Reuters reported last year, was internally dubbed “Project Plato,” and employees working on it signed confidentiality agreements. A company lawyer warned them to tell no one, including their spouses, about the plan.

Jones Day did not immediately respond to a request for comment.

The Texas two-step has garnered criticism from Democratic lawmakers in Washington, and inspired proposed legislation that would severely restrict the practice.

Senator Sheldon Whitehouse, a Democrat from Rhode Island, cheered Monday’s appeals court decision. Whitehouse chaired the first congressional hearing scrutinizing two-step bankruptcies in February of last year.

“Bankruptcy is meant to give honest debtors in unfortunate circumstances a fresh start,” he said, not to allow “large, highly profitable corporations” to avoid accountability for wrongdoing with a legal “shell game.”

Reporting by Tom Hals in Wilmington, Delaware; Mike Spector in New York; and Dan Levine in San Francisco; additional reporting by Dietrich Knauth and Chuck Mikolajczak in New York; editing by Bill Berkrot and Brian Thevenot

Our Standards: The Thomson Reuters Trust Principles.

Tom Hals

Thomson Reuters

Award-winning reporter with more than two decades of experience in international news, focusing on high-stakes legal battles over everything from government policy to corporate dealmaking.

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World

Biden says no F-16s for Ukraine as Russia claims gains

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  • Russian administrator claims foothold in Vuhledar
  • Kyiv says Russian gains come at huge cost
  • Think-tank says delay in Western arms halted Ukraine’s advance

KYIV, Ukraine/WASHINGTON Jan 30 (Reuters) – The United States will not provide the F-16 fighter jets that Ukraine has sought in its fight against Russia, President Joe Biden said on Monday, as Russian forces claimed a series of incremental gains in the country’s east.

Ukraine planned to push for Western fourth-generation fighter jets such as the F-16 after securing supplies of main battle tanks last week, an adviser to Ukraine’s defence minister said on Friday. A Ukrainian air force spokesman said it would take its pilots about half a year to train on such fighter jets.

Asked if the United States would provide the jets, Biden told reporters at the White House, “No.”

The brief exchange came shortly after Ukrainian President Volodymyr Zelenskiy said that Russia had begun exacting its revenge for Ukraine’s resistance to its invasion with relentless attacks in the east.

Zelenskiy has warned for weeks that Moscow aims to step up its assault on Ukraine after about two months of virtual stalemate along the front line that stretches across the south and east.

Ukraine won a huge boost last week when Germany and the United States announced plans to provide heavy tanks, ending weeks of diplomatic deadlock on the issue.

“The next big hurdle will now be the fighter jets,” Yuriy Sak, who advises Defence Minister Oleksiy Reznikov, told Reuters on Friday.

While there was no sign of a broader new Russian offensive, the administrator of Russian-controlled parts of Ukraine’s eastern Donetsk province, Denis Pushilin, said Russian troops had secured a foothold in Vuhledar, a coal-mining town whose ruins have been a Ukrainian bastion since the outset of the war.

Pushilin said Ukrainian forces were continuing to throw reinforcements at Bakhmut, Maryinka and Vuhledar, three towns running from north to south just west of Donetsk city. The Russian state news agency TASS quoted him as saying Russian forces were making advances there, but “not clear-cut, that is, here there is a battle for literally every meter.”

Pushilin’s adviser, Yan Gagin, said fighters from Russian mercenary force Wagner had taken partial control of a supply road leading to Bakhmut, a city that has been Moscow’s main focus for months.

A day earlier, the head of Wagner said his fighters had secured Blahodatne, a village just north of Bakhmut.

Kyiv said it had repelled assaults on Blahodatne and Vuhledar, and Reuters could not independently verify the situations there. But the locations of the reported fighting indicated clear, though gradual, Russian gains.

Zelenskiy said Russian attacks in the east were relentless despite heavy casualties on the Russian side, casting the assaults as payback for Ukraine’s success in pushing Russian forces back from the capital, northeast and south earlier in the conflict.

[1/7] U.S. Air Force F-16 Fighting Falcon from the 140th Wing of the Colorado Air National Guard during NATO exercise Saber Strike flies over Amari military air base, Estonia June 12, 2018. REUTERS/Ints Kalnins

“I think that Russia really wants its big revenge. I think they have (already) started it,” Zelenskiy told reporters in the southern port city of Odesa.

Mykola Salamakha, a Ukrainian colonel and military analyst, told Ukrainian Radio NV that Moscow’s assault in Vuhledar was coming at huge cost.

“The town is on an upland and an extremely strong defensive hub has been created there,” he said. “This is a repetition of the situation in Bakhmut – one wave of Russian troops after another crushed by the Ukrainian armed forces.”

WESTERN DELAYS

The hundreds of modern tanks and armoured vehicles pledged to Ukraine by Western countries in recent weeks for a counteroffensive to recapture territory are months away from delivery.

This leaves Kyiv to fight through the winter in what both sides have described as a meat grinder of relentless attritional warfare.

Moscow’s Wagner mercenary force has sent thousands of convicts recruited from Russian prisons into battle around Bakhmut, buying time for Russia’s regular military to reconstitute units with hundreds of thousands of reservists.

Zelenskiy is urging the West to hasten delivery of its promised weapons so Ukraine can go on the offensive.

Kremlin spokesman Dmitry Peskov said Western countries supplying arms leads “to NATO countries more and more becoming directly involved in the conflict – but it doesn’t have the potential to change the course of events and will not do so.”

The U.S.-based Institute for the Study of War think-tank said “the West’s failure to provide the necessary materiel” last year was the main reason Kyiv’s advances had halted since November.

That allowed Russia to apply pressure at Bakhmut and fortify the front against a future Ukrainian counter-attack, its researchers said in a report, though they said Ukraine could still recapture territory once the promised weapons arrive.

Zelenskiy met Danish Prime Minister Mette Frederiksen on Monday in Mykolaiv, a rare visit by a foreign leader close to the front. The city, where Russia’s advance in the south was halted, had been under relentless bombardment until Ukraine pushed the front line back in November.

Russia’s invasion, which it launched on Feb. 24 last year claiming it was necessary to protect itself from its neighbour’s ties with the West, has killed tens of thousands of people and driven millions from their homes.

Additional reporting by Pavel Polityuk, Kevin Liffey, Ronald Popeski and Reuters bureaus; Writing by Peter Graff, Philippa Fletcher and Doina Chiacu; Editing by Gareth Jones, William Maclean and Cynthia Osterman

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Science

Asteroid’s sudden flyby shows blind spot in planetary threat detection

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WASHINGTON, Jan 29 (Reuters) – The discovery of an asteroid the size of a small shipping truck mere days before it passed Earth on Thursday, albeit one that posed no threat to humans, highlights a blind spot in our ability to predict those that could actually cause damage, astronomers say.

NASA for years has prioritized detecting asteroids much bigger and more existentially threatening than 2023 BU, the small space rock that streaked by 2,200 miles from the Earth’s surface, closer than some satellites. If bound for Earth, it would have been pulverized in the atmosphere, with only small fragments possibly reaching land.

But 2023 BU sits on the smaller end of a size group, asteroids 5-to-50 meters in diameter, that also includes those as big as an Olympic swimming pool. Objects that size are difficult to detect until they wander much closer to Earth, complicating any efforts to brace for one that could impact a populated area.

The probability of an Earth impact by a space rock, called a meteor when it enters the atmosphere, of that size range is fairly low, scaling according to the asteroid’s size: a 5-meter rock is estimated to target Earth once a year, and a 50-meter rock once every thousand years, according to NASA.

But with current capabilities, astronomers can’t see when such a rock targets Earth until days prior.

“We don’t know where most of the asteroids are that can cause local to regional devastation,” said Terik Daly, a planetary scientist at the Johns Hopkins Applied Physics Laboratory.

The roughly 20-meter meteor that exploded in 2013 over Chelyabinsk, Russia is a once-every-100-years event, according to NASA’s Jet Propulsion Laboratory. It created a shockwave that shattered tens of thousands of windows and caused $33 million in damage, and no one saw it coming before it entered Earth’s atmosphere.

Some astronomers consider relying only on statistical probabilities and estimates of asteroid populations an unnecessary risk, when improvements could be made to NASA’s ability to detect them.

“How many natural hazards are there that we could actually do something about and prevent for a billion dollars? There’s not many,” said Daly, whose work focuses on defending Earth from hazardous asteroids.

AVOIDING A REALLY BAD DAY

One major upgrade to NASA’s detection arsenal will be NEO Surveyor, a $1.2 billion telescope under development that will launch nearly a million miles from Earth and surveil a wide field of asteroids. It promises a significant advantage over today’s ground-based telescopes that are hindered by daytime light and Earth’s atmosphere.

That new telescope will help NASA meet a goal assigned by Congress in 2005: detect 90% of the total expected amount of asteroids bigger than 140 meters, or those big enough to destroy anything from a region to an entire continent.

“With Surveyor, we’re really focusing on finding the one asteroid that could cause a really bad day for a lot of people,” said Amy Mainzer, NEO Surveyor principal investigator. “But we’re also tasked with getting good statistics on the smaller objects, down to about the size of the Chelyabinsk object.”

NASA has fallen years behind on its congressional goal, which was ordered for completion by 2020. The agency proposed last year to cut the telescope’s 2023 budget by three quarters and a two-year launch delay to 2028 “to support higher-priority missions” elsewhere in NASA’s science portfolio.

Asteroid detection gained greater importance last year after NASA slammed a refrigerator-sized spacecraft into an asteroid to test its ability to knock a potentially hazardous space rock off a collision course with Earth.

The successful demonstration, called the Double Asteroid Redirection Test (DART), affirmed for the first time a method of planetary defense.

“NEO Surveyor is of the utmost importance, especially now that we know from DART that we really can do something about it,” Daly said.

“So by golly, we gotta find these asteroids.”

Reporting by Joey Roulette; Editing by Andrea Ricci

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Business

Rheinmetall eyes boost in munitions output, HIMARS production in Germany

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DUESSELDORF, Jan 29 (Reuters) – German arms-maker Rheinmetall is ready to greatly boost the output of tank and artillery munitions to satisfy strong demand in Ukraine and the West, and may start producing HIMARS multiple rocket launchers in Germany, CEO Armin Papperger told Reuters.

He spoke days before Germany’s defence industry bosses are due to meet new defence minister Boris Pistorius for the first time, though the exact date has yet to be announced.

With the meeting, Pistorius aims to kick off talks on how to speed up weapons procurement and boost ammunitions supplies in the long term after almost a year of arms donations to Ukraine has depleted the German military’s stocks.

Rheinmetall (RHMG.DE) makes a range of defence products but is probably most famous for manufacturing the 120mm gun of the Leopard 2 tank.

“We can produce 240,000 rounds of tank ammunition (120mm) per year, which is more than the entire world needs,” Papperger said in an interview with Reuters.

The capacity for the production of 155mm artillery rounds can be ramped up to 450,000 to 500,000 per year, he added, which would make Rheinmetall the biggest producer for both kinds of ammunition.

In 2022, Rheinmetall made some 60,000 to 70,000 rounds each of tank and artillery shells, according to Papperger, who said production could be boosted immediately.

Demand for these munitions has soared since Russia’s invasion of Ukraine last February, not only due to their massive use on the battlefield but also as Western militaries backfill their own stocks, bracing for what they see as a heightened threat from Moscow.

Papperger said a new production line for medium calibre ammunition, used by German-built Gepard anti-aircraft tanks in Ukraine for example, would go live by mid-year.

Germany has been trying for months to find new munitions for the Gepard that its own military had decomissioned in 2010.

HIMARS PRODUCTION LINE IN GERMANY?

At the same time, Rheinmetall is in talks with Lockheed Martin(LMT.N), the U.S. company manufacturing the HIMARS (High Mobility Artillery Rocket System) multiple rocket launchers in heavy use with Ukrainian troops, Papperger said.

“At the Munich Security Conference, we aim to strike an agreement with Lockheed Martin to kick off a HIMARS production (in Germany),” he said, referring to an annual gathering of political and defence leaders in mid-February.

“We have the technology for the production of the warheads as well as for the rocket motors – and we have the trucks to mount the launchers upon,” Papperger said, adding a deal may prompt investments of several hundred million euros of which Rheinmetall would finance a major part.

Rheinmetall also eyes the operation of a new powder plant, possibly in the eastern German state of Saxony, but the investment of 700 to 800 million euros would have to be footed by the government in Berlin, he said.

“The state has to invest, and we contribute our technological know-how. In return, the state gets a share of the plant and the profits it makes,” Papperger suggested.

“This is an investment that is not feasible for the industry on its own. It is an investment into national security, and therefore we need the federal state,” he said.

The plant is needed as shortages in the production of special powders could turn out to be a bottleneck, hampering efforts to boost the output of tank and artillery shells, he noted.

A few days before the meeting with the new defence minister, Papperger pushed for an increase of Germany’s defence budget.

“The 51 billion euros in the defence budget will not suffice to purchase everything that is needed. And the money in the 100 billion euro special funds has already been earmarked – and partially been eaten up by inflation,” he said.

“100 billion euros sounds like a giant sum but we would actually need a 300 billion euro package to order everything that’s needed,” he added, noting that the 100 billion special fund does not include ammunitions purchases.

Even before Russia’s invasion of Ukraine, Germany was 20 billion euros short of reaching NATO’s target for ammunitions stockpiling, according to a defence source.

To plug the munitions gap alone, Papperger estimates the Bundeswehr (German armed forces) would need to invest three to four billion euros per year.

In the talks with the minister, the defence boss hopes for a turn towards a more sustainable long-term planning in German procurement, stretching several years into the future, as the industry needed to be able to make its arrangements in time.

“What we are doing at the moment is actually war stocking: Last year, we prefinanced 600 to 700 million euros for goods,” Papperger said. “We must move away from this crisis management – it is crisis management when you buy (raw materials and other things) without having a contract – and get into a regular routine.”

Reporting by Sabine Siebold, Editing by Angus MacSwan

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World

Iran thwarts drone attack on military site – state media

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DUBAI, Jan 29 (Reuters) – A loud explosion at a military plant in Iran’s central city of Isfahan was caused by an “unsuccessful” drone attack, Iranian state media reported on Sunday, citing the defence ministry.

“One of (the drones) was hit by the … air defence and the other two were caught in defence traps and blew up. Fortunately, this unsuccessful attack did not cause any loss of life and caused minor damage to the workshop’s roof,” the ministry said in a statement carried by the state news agency IRNA.

Iranian news agencies earlier reported the loud blast and carried a video showing a flash of light at the plant, said to be an ammunitions factory, and footage of emergency vehicles and fire trucks outside the plant.

In July, Iran said it had arrested a sabotage team made up of Kurdish militants working for Israel who planned to blow up a “sensitive” defence industry centre in Isfahan.

The announcement came amid heightening tensions with arch-enemy Israel over Tehran’s nuclear programme. Israel says Iran is seeking to develop nuclear weapons. Tehran denies this.

“(The attack) has not affected our installations and mission…and such blind measures will not have an impact on the continuation of the country’s progress,” the defence ministry statement said.

There have been a number of explosions and fires around Iranian military, nuclear and industrial facilities in the past few years.

In 2021, Iran accused Israel of sabotaging its key Natanz nuclear site and vowed revenge for an attack that appeared to be the latest episode in a long-running covert war.

The blasts at sensitive Iranian sites have at times caused concern amid tensions over Iran’s nuclear programme with Israel and the United States.

Israel has long threatened military action against Iran if indirect talks between Washington and Tehran fail to salvage a 2015 nuclear pact.

Reporting by Dubai newsroom; Editing by Daniel Wallis, Cynthia Osterman and Josie Kao

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