targets after posting a surprising first quarter profit. it reported sales growth in the fourth straight quarter. g3, which makes licensed apparel trading up 5%. tyler, sue, back over to you. >> all right, sue. i guess that's about it for "power lunch" today on a beautiful tuesday in new york. >> i'll see you in a few. "street signs" begins right now. ♪ because i'm happy clap along if you feel like a room without a roof ♪ >> welcome to "street signs" didn't i can't stop doing this. welcome to "street signs" where we're bringing back the hopeium. good news, the stock market understands, but the media doesn't. plus, how auto sales are shocking everybody. and what happened to herb greenberg on the streets last night of new york city that has us all talking. >> today is only the third time in 12 sessions, folks, that the dow and the s&p 500 moved to the

downside. but a losing streak of three days or more, forget about it. hasn't happened in two months. i'll give you a quiz to mix things up here. what is it the best performing s&p sector so far this year? time starts now. >> utilities. >> utilities, correct. >> is that right? >> it is correct. distant second is health care. what is the best performing utility stock. here is the clue for you. i tailor made this quiz just for you. it has a service area very near your home state of virginia. >> could probably be petco because they're being bought. >> it is petco. >> no may about it. auto sales were hot for everybody last month. let's get to phil lebeau to run through the standouts. >> much better than expected. a lot of people are looking at the numbers and saying there was an extra weekend in there, nice weather, memorial day weekend,

sure, those were factors. don't mistake the fact you saw people across the board going into showrooms. look at these numbers. almost every automaker reported better than expected sales in the month of may. gm, almost double what wall street was expecting and chrysler incredibly strong numbers. two brands in particular stood out last month. let's start first off with hyundai. hyundai reported its best monthly sales ever in the u.s. you're going to look at the next number and say what? sales were up 3%. best month ever. they can't make anymore. they're capacity constrained. anything they built in the u.s., they're selling that quickly. the other brand that stands out, jeep. best monthly sales, not month of may, but ever, for that brand in the united states. jeep monthly sales topped 70,000 for the first time ever. that's a big part of the chrysler growth plan over the next five years. guys, we want to show you how far the industry has come.

look at the change in sales when you compare may with 2014 with may four years ago. chrysler almost doubled sales. the lineup is big and much better selection. but that shows you how much strength there is in the economy now compared to back in 2011. >> it is like having a good problem, but wasn't all good news. there were two automakers poftding double digit sales declines. can you guess who they are? >> going back to high school, i have nightmares. >> when you're hitting records every day, you got to put an uncertainty in the mix. >> what is knerr next quiz there, two brands in particular that had double digit sales decline s percentagewise. >> i thought the theme of the show was happy. mitsubishi. >> i don't know. i don't have mitsubishi's numbers. >> i don't know.

yeah -- >> think bug, the love bug. >> volkswagen. >> there you go. >> herbie. >> one more, think old people and safe cars. >> i'm going to say buick, but -- volvo down 20%. what happened. why were they down so much? >> vw has an old product line f you don't have new models, you won't sell. volvo's problem is that it is a limited product line now. it is going to be tough for them to go up. those are two lines and two brands that could use an infusion of fresh models. >> absolutely. phil, thank you very much for joining us. since, yes, let's get back to the hopeium. on the car lot, the next guest says there is a ton of good news out there. many of us, he says the media are not seeing it.

not normally a purveyor of hopeium but maybe you can have a shot at it today. >> joe kurtzman put out a book called "americaunleashed" for the next decade. he talks about gdp growth based on creativity. i see capital in the sidelines and private equities. the energy independence thing and american industrial renaissance my friend rich bernstein likes to call it, and joe said it is like putting america's industrial might on top of saudi arabia's energy. that will be our future. >> what is amazing about that is that so much of what he talked about what you talked about has been done outside of the government. imagine, jeff, if we could unleash the economy to do better by maybe pulling back on some of the regulations that were strict, formation of a lot of

different things. that would that make you bullish on the stock market? >> i'm pretty bullish on the stock market. there is a bill on the hill, a week in washington, called the -- it is doing just that, appoint an independent panel of boy and girls to go through the regulations on the books, preventing the creation of small business and thus hiring and recommending to congress when laws get regulations get ripped off the books and presenting that to congress. >> you talk about regulations, here you go, the cnbc guys are talking about not regulating this, they want banks to run amok. the new york times had a story the other day that in the 1970s, 10% of jobs required some form of governmental license it is now up to 30%. you have to have a license to become a dog walker. that's not a joke. we need to unleash a little more of america. >> not in florida. don't need a license to walk

dogs down here. >> you didn't get the unleash. >> great. >> jeff, always great to be on with jeff, it has been a long time. the one thing, you talk about how bullish you are, just what happens if inflation starts to pick up because during this last season, what was the common thread in all of -- so manufacture these calls? raw materials, everyone is talking about fighting this challenge of rising prices. chipotle, not fighting it, they're passing it on to us. where does that fit into this? >> the commodities have -- the margins some impact. the average hourly earnings have not backed up that much. still seems to be a compression in wage growth. as joe kurtzman once said, the forces at work here going forward while they might be impeded by some regulation and by the politicians are just too powerful to stop.

>> i love surprisingly good news and thank you very much for bringing that to us. what i like even more is making money off the back of that surprisingly good news for our dear viewers. what stocks should they be looking at? >> iridium, the capex is getting ready to drop. >> in my reality check product, i literally last week just did, i think, 3,000 word piece red flagging iridium, looking at the question of whether they have -- there is a gap in the funding that will show itself again down the road here. i just -- >> don't put jeff on the spot. he's the mack ro strategist. >> i had to say that. >> one of the smartest guys in this witnebusiness, ron baron, baron capital, bought $50

million worth of this in a private transaction in front of the offering. that's not usually done. >> he bought the stock. did a two-step offering. this is a company that if you go back a few year, they say, we're fully funded. won't have a problem getting the cash needed. here they had to come back and do another offering. i just think, you know, it is an interesting story. i like to see this thing play out. i have it red flagged you are it green flagged? >> that's what makes markets. >> correct. >> herb, thank you very much for joining us. sit tight. we'll talk more with you. and jeff, thank you for joining us, another name you were going to mention was the emp company, good rich petroleum. >> as he does, herb greenberg hijacked the entire segment. >> we have a story coming up about you later on in the show, about what happened to you last night on the streets of new

york. will apple -- is your cup of joe about to get a whole lot pricier? and our must see video of the day. a judge goes out of order in a new quist in a courtroom drama. (mother vo) when i was pregnant... i got more advice than i knew what to do with. what i needed was information i could trust on how to take care of me and my baby. luckily, unitedhealthcare has a simple program that helps moms stay on track with their doctors and get the right care and guidance-before and after the baby is born. simple is good right now. (anncr vo) innovations that work for you. that's health in numbers. unitedhealthcare. in a we believe outshining the competition tomorrow requires challenging your business inside and out today. at cognizant, we help forward-looking companies run better and run different - to give your customers every reason to keep looking for you.

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yesterday was a big take for apple developers. most of the things rolled out were focused on the back end stuff, updates to ios, et

cetera. what should matter more to investors? software or hardware updates. we're joined by jon fortt. you wrote a piece that generated some debate out there in the twitter-verse, which was you said hardware is what matters. software stinks. >> i went back and forth on this with my pal. and my point was it is not that software stinks. when you want to get the enthusiasm that is going to get the stock, you know, moving in, in a day, or for a few days it usually what people are expecting. they're expecting the company to come out with a bigger screen. they want to see that. people get more excited about the hardware because of the fashion of it than they do the software, which is actually arguably actually makes things work better and down the road is what you really should care about. but the average guy doesn't care about the software. >> like we added another plus to c plus, plus, plus.

it is great but not good for the consumer. >> it is good for them, but they don't care. and people watching anything when it comes to the market, they care about the pop in the news and then down the road, our sales. it all boils down to are sales going to get that much better or the slowness and growth stemmed. >> i think it is a bit of a false distinction here. a little bit like gums don't kill people, bullets do or vice versa. the hardware is a delivery software. i would argue for investors, in a way, wdc is more important because most voifers don't recognize the importance of the software changes until they become the president. if you're a watcher of the mobile space, pay attention to the trends that apple is either establishing or following leer and figure out whether you think

they'll be able to win there. >> i'm not even sure that the investor community is that plussed by what comes out of the conference anymore. i had great stats here, apple stock traded down during the past five worldwide developer conferences. i know eventually maybe a week late, month later, it starts to catch up or whatever. i just feel that even the investor community is just completely nonplussed by what apple is coming out with. i find it annoying when i have to keep upgrading software. >> if you look at the overall trajectory of apple stock, it is generally gone up. aside from that 2011. so if you had bought on the developer conference, if you thought apple was right, you would have done right because the stock went down. >> what we get back to is the investor community, this has become a short-term or gented community is looking for the headline of something they have been expecting.

there is tremendous news. >> it pains me to do this. put i'll agree with you. i'll use this anall sy, the hardware is the meal that is served to you at dinner. it is good what they did yesterday, but to your point, the hardware is what we see and future and experience. >> i want to push back a little bit. what they announced yesterday is promising, but they haven't done anything yet. they have to deliver on what they announced. what they announced is very intensive on the data center and to roll that out will be challenging. maybe prepared for that in the fall. we'll have to see if they can deliver on what they announced. >> thank you for joining us. herb, back to you shortly. who are the biggest wins and losers out of the conference?

julia boorstin joins with us that. julia? >> changes to apple's operating system turned into a new rival of sorts to a range of companies. apple's overall hauling message. a new voice and video chat likes it less like the apple app. apple's facing off with facebook which in february bought what's app for $16 billion. that's not all. the addition of location to ios 8 messaging tools makes social y apps redundant.

some social apps including pinterest have reason to celebrate. pinterest got free advertising on stage yesterday and should benefit from a new feature called extensive ability. it allows users to share to more apps like pinterest without using the browser. box is a competitor which turns apple into a bit of a frienemy. >> julia boorstin, thank you very much. magic kingdom, it may not longer just belong to disney. the land of technology continues to leave the rest of america behind in nearly every met rick. the latest numbers in real estate confirmed silicon valley is in a place of its own. let's get to josh. >> reporter: silicon valley is where you'll find forward

thinking technology. you won't find great deal on commercial real estate. prices here are shooting through the roof. up 75%. companies looking for cheaper rents, they moved south to cities such as sunnyvale and mountain view. now prices in those areas have shot up 68. it is the tech companies that are buying or leasing a lot of this inventory. and setting prices higher. cisco leading the pack with 10 million square feet. google comes in second with 9 million. apple takes third with nearly 6 million square feet. apple, of course, also building that new campus in cupertino. the centerpiece will be this circular office building. people are packing more workers into spaces.

the standard used to be 250 square feet per person. now it is like 75. so cubicles are getting smaller. they thin to think silicon valley is the place to be. brokers telling me they expect the commercial real estate market to stay strongin. bandle ground, mississippi. >> we'll ty you there live. >> the release of the american prisoner of war, bowe bergdahl. voters in mississippi or anywhere else thinking about it when they head to polls. speaki)

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[ train whistle blows ] she makes trains that are friends with trees. ♪ my mom works at ge. ♪ it is primary day in several states across america. one race in particular is of interest to the business community. top silicon valley donors are supporting ro khanna as he goes against mike honda. honda is 73 years old. he says honda doesn't understand the global economy. experts say this race will be a key test of silicon valley's growing interest in political

activism and a challenge to democrat supporters like the unions who are backing hond yachl thonda. no matter what happens today, there will be a rematch for all the marbles in california in just five months. from california to mississippi voters, heading to the polls today to vote in a high profile senate primary. john howard is live in the magnolia state. john what are you hearing? what is the very latest there? let taes talk about money in this mississippi senate republican primary. first, government spending part. allies of thad cochran, sixth term senator, say as the senior member of the appropriations committee, he brought tons of money back home. that culture of spending is part of what's run-up america's debt.

>> something that all senators do. it benefited a lot of small communities who needed it. i just think probably if he didn't do it, somebody else would do it. >> he's just been there a long time and maybe too much washington and not enough mississippi. i don't know that it has done that much good, bringing in the money. >> now let's talk about the political spending part of it. tons of money in this primary, 5.2 million spent by the candidates. $7.8 million by outside groups like the club for growth. most of the candidate money tilted to cochran. the outside group money is tilted toward mcdaniel and establishment republican strategist said that's because a lot of people jumped on the tea party band kagen since the last couple of years. in part because of the consu consulting fees. >> the success of the tea party in 2010 created opportunities

for political entrepreneurs, we'll call them that, to create organizations to raise money to recruit people like mcdaniel and say we're going to, you know, we'll make sure you have enough resources. and people made a lot of money off of running these candidates. >> and here's the problem that establishment types say, you look back at 2010. three senate seats lost to the democrats because you had poor tea party candidates in delaware, nevada, and also delaware, nevada and colorado. in 2012, you had two seats that were lost in missouri and in indiana, all because you had tea party candidates who weren't as competitive as the people they beat. mandy and brian, that's why the establishment is counting on cochran. >> i want to switch topics and

talk about bowe bergdahl. the president defending his decision to swap five taliban militants for the release of bergdahl. you were there at the polls. are people talking about this in line today? >> they are talking about it, not in terms of the cam pap, because the candidates haven't set all that much about it. not a campaign issue. but this is the most pro military renal region in the co the deep south i'm hearing extreme criticism of this decision by the president. people saying other soldiers died to try to get bowe bergdahl out, he left his post. we don't know all the detail of th that. this is not going over well. here, you have a few people saying i'll reserve judgment. but the dominant sentiment is negative against it. >> considering the backlash, if this public backlash does grow over the cost and when i say

cost, i mean it in every sense of the word of retrieving him, what do you think the white house response will have to be, john? >> well, don't know what they can do at this point. you have the five prisoners released from gitmo, who are in the hands of qatari officials. and you have bowe bergdahl now being treated and debriefed. you have a question of what happened to him. some of the former comrades in the army want him tried for deserting. other people say, look, five years is enough. the guy has been held for quite a long time. i don't know what the administration can do. it is how they talk about it i think. you can't unwind this thing. >> john, thank you very much. we got some news on auto sales to release right now. phil lebeau, talking about this all day. you new news. what is it? >> the numbers are all in and they have been calculated by the research firm auto data.

monthly sales rate for the month of may, 16.77 million vehicles, that is the highest monthly sales rate since february of 2007. 16.77. and just for a point of reference, most people were estimating 16.1 or 16.2. so well above what wall street was looking for. >> and, phil, jump in there, give our viewers some contacts. i think just over 17, 17 million was the all time record. how low were we at the depths of the financial crisis? >> on an annual basis, a little over 10 million, 10.35, something like that. that was the bottoming out in 2010. on an annual level, you're looking at back in 2000, 2001, 17.2, 17.3, that's the all time high on an annual basis. >> very good economic sign indeed. thank you. over to dominic chu for a quick

market flash. >> mcgraw-hill financial, its own standard and poors, the credit rating agency, it suffered a defeat accusing it of inflating credit ratings. a federal judge is ruling that lawsuits by 16 different states and the district of columbia belong in the state courts, not consolidated in federal court. this raises the potential cost to defend itself and expose it to greater risk on multiple possible judgments. back over to you. >> dom, thank you very much. coming back, it is her. she's raising a red flag of confusion over one big retailer. and then coffee and cigarettes. great combinations. "street signs" back after this quick break. she keeps you on your toes.

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analyst recommendations, really five stocks in two minutes. first stock, devin energy. >> stock is up 1.7%. exactly 75 bucks. they say that they're set for more gains. devin is. the valuation range, $15 to 85 to 95 a share from 75 to 85. a hot stock. up 28% in the past year. low is 51.66. devin doing well. >> stock number two, investment bank lazan, outperform. >> stock is up .8% to 51.47. their target, 60 bucks a share. 15% upside. well above the average analyst estimate of $54 a share. company stock, again, hot one, up 54% in the past year. >> stock number three, texas-based emerge energy services started buy. >> the target there is $120 a share on emes. that is more than 15% upside.

the stock another one of these red hot names, kind of getting tired of saying it, it happens. stock up 32% in the past month. >> okay. stock number four, interesting call, clovis oncology, downgrade. >> i don't like putting the calls in, but i'll tell you why we didn't in a second. that's a tease. they had early stage results of a lung cancer treatment, disappointed wall street. now citigroup is out and, get this, here is the news of the th. they slashed their target to 53 from 109. >> look where it is. >> yeah. the target is still above where it is. that's why i hate this kind of call. but you see a target price cut by basically 50%, not quite, it is noteworthy, i think. >> it is. under the radar name of the day, interdigital, wireless research development company. the ticker is idcc. if you have not heard of him before. >> the company is upgrading itself today, earlier they entered a patent license deal with samsung ending all pending

litigation between the two companies. also announcing they have updated the revenue outlook. up 18%, nearly 7 bucks a share. we'll end on happy news here. from strategy talk to eet t check. herb greenberg with reality check. when you're in town from the west coast and mansion on the beach, we're going to milk you like an old cow. >> i always sort of appreciate it, depending how you look at that. we want to talk about -- >> michael coors. >> michael coors, something i've written about extensively on reality check. but the key point here is the company came out with earnings as we know, the other day, and there was a margin issue. that got people concerned. what was most interesting to me is you had at least three analysts effectively say use the -- daerivation of the word

confused. i think what is most fascinating here is one of the analysts is cal who is known for being blunt, very blunt. she is a big fan of the company, but what she said was she feels strongly that the company needs to have greater transparency with the street and then dared mention the o word, obfuscation. in all of the work i've done with this company, that issue not really communicating extraordinarily well, is a hallmark of this company and when you look at taken say why, why is it so difficult to understand, this is a retailer. here, all of the analysts had an issue with margins, trying to understand what really happened with margins. i say that's a huge red flag. even though analysts -- they love it because they see growth ahead, they still have to -- still have to take a look at this issue and ask that question, why is it so hard to understand? it shouldn't be. it is a retailer. it is a manufacturer of clothing. >> is it -- does it deserve a red flag or a yellow flag?

i'll tell you why. if they said the company is using the word -- they're using the word confusing, but they still like the stock, it doesn't appear that they're that concerned. if we saw a flurry of downgrades and these headlines, shouldn't that be the red flag. >> i lay they are on top of other issues i looked at the company regarding how they get to some of their numbers, related parties. she says the company should spend more time communicating with the street rather than the related parties they have in china. >> want to tell the story? >> yeah. well, no, it is her story, really. what happened last night in. >> i was walking down the street, 42nd street, by bryant park, in new york. minding my own business. one guy walks up to me and goes, i noticed he had been trailing me. corner of my eye, he says herb

greenberg and i -- no one recognizes me. i thought someone recognizes me. i was -- i go -- i go -- i go, turn around, do what i always do, i shake my hand and say, hi, how you doing? he goes, you're the worst writer, the worst, go back to the west coast. i'm, like -- >> hehe's walking away, go back to the west coast, well, buddy -- >> you said it looked like a dufus. what does that mean? >> this guy looked and sounded like -- i like the kind of person who doesn't listen it a word i say which is either good or bad, but, anyway, that was one of my -- that was my new york moment. >> now i'm nervous to hang out with you. >> which we're going to do today. >> welcome to the big time, my friend. >> i love it. >> it is like the guy i had come up to me and goes, i love your co-host, what's her name? manny? if you love somebody on tv, know her name. manny, she's the best. >> i know. manny. maybe they thought you were someone else. i'll give you the benefit of the

doubt. you made it to the big time. >> okay. >> let's talk numbers here. today, fannie mae and freddie mac. all right, we're showing some big time investors, in fact, ackman and icahn investing together, not together, but in the same company in the same direction. are you optimistic on the names? >> no, i see this as a very speculative play. this is really a repeat of the story we saw back in march where we saw that a bill was proposed to wind down fannie and freddie over the next five years. so this is much more akin to gambling than actually investing. and i could talk about they're only using six cents per share versus 12 cents per share, but really about whether the government is going to step in and wind these companies down or let it go to the private sector. and quite frankly, i would rather make a bet on the stanley

cup. >> that's telling it straight. what about the technicals. do they tell a straight story as well? >> you know, manny, technical analysis is based upon -- technical analysis is founded upon the belief that history repeats itself. and if past is prologue, i think the stock is going significantly is higher in the short-term. when we look at this chart it doesn't show you that wild ride from $90 to 19 cents. but it looks like a relatively normal stock chart now, climbing higher along with that 100 day moving average. what i really like here is the bullish ascending triangle formation. we saw one late last year. what is great about this, not only is it a directional pattern, a continuation pattern in the direction of the trend, but it gives us a nice measuring target on the upside. look at that prior triangle, the height is 250. we project that out from the neckline, 350. it gives us a $6 target. that's exactly where we went. today we settled in a similar

triangle. that could take us up to $685. you could lose what you push into the ring. i think the risk is right in line with the reward here. manage your position size, keep it small. i think there is real upside here. >> a risk you're willing to take. thank you very much, rich rossen, aaron, thank you. i want to add, i don't know which is worse, manny or the big guy, the amount of times i have people saying i love him, i love your co-host, you know, the big guy. >> talking about my ears. >> maybe your brain. >> i would like to believe that. i don't think it's true. >> okay. be be susure to check out the o edition. >> take a look at what happened yesterday on talking numbers when we were talking about krispy kreme doughnuts. >> to me, i want to wait and see what the numbers are and want to follow accordingly. what is interesting, if you look back at prior earnings seasons, we can expect a 10% move after tomorrow's number. >> that was jc. o'hara and he

was right. krispy kreme down after reporting earnings. cut their outlook. shoutout. people get killed for being wrong all the time. when people are right, got to do the same thing, mandy. the proper thing to do. jc, if you're out there, great call. >> run of tone of the reasons we should listen to "talking numbers". >> yeah. >> seattle city council approving an increase in the minimum wage to 15 bucks an hour. bill griffith will have more on that story. what angle in particular are you going to take on this? >> we're both pushing for wage hikes. >> interesting. this will be phased in over seven years. that gives companies time to prepare for this. and it will be very interesting to see how they respond. the larger corporations have to adapt sooner. the smaller companies adapt later. we all know that there are going to be companies that are going to balk at this. and we'll wait to see. do they move out, do they go some place where the wages will be cheaper?

that will be be be one of the big questions. and other cities and companies will be watching as well. >> and more people fight over it. this, to me, looks like an example of anecdotal evidence of the labor market is healthier today than it was several years ago and it may seem like stating the obvious. >> minimum wage is $15 and change and a lot higher in certain circumstances. good debate, guys. thank you very much. we'll look forward to closing bell. >> might need a higher wage. we'll talk about something that is happening in brazil, that might be very bad for your wallet and it has nothing to do with the world cup. >> okay. plus, a very big name following a concussion related lawsuit against the nfl and then reportedly what is drawing the suit. what on earth is going on? tdd#: 1-800-345-2550 trading inspires your life. tdd#: 1-800-345-2550 life inspires your trading. tdd#: 1-800-345-2550 where others see fads... tdd#: 1-800-345-2550 ...you see opportunities.

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coffee analyst. is this bad news for coffee addicts like myself, dan? >> no, because recently the rain started in brazil, and the prices are actually coming down. but if you're a coffee roaster like smuckers who owns the folgers brands, you probably purchased out -- far out when you were -- when in january and the prices were low. but now the prices are coming down and they have a replacement cost to worry about. i think right now, i hate to be this way, i'm a little bearish on prices now. >> that's just brazil, right? i get brazil is a huge producer and, okay, the rain is coming in, helping the crop out. but at the same time, i'm hearing about this fungus, rust, which has been around for a number of years, decimating the crops in central america. some scientists are speculating the region could lose up to 40% of its coffee crop. >> that's very true. but basically brazil still rules the marketplace. so regardless, central america, you're right, in the midst of -- the fungus is serious down there. countries like honduras and

guatemala and some of the other major companies, mexico, they had -- their crops are getting hurt. if brazil has a good crop, that trumps everything. and brazil is always estimated in the last couple of years to be between 50 and 55 million bags. the estimate this year got down to 48 million, but with the rains coming right now, and we're into the beginning of the harvest season, all bets are off for the predictions, but it looks like there is going to be enough support to meet demand. the dollar continues to be really strong, which is really important. and the 50 day -- the futures market for the 50 day moving average is gone down, so unfortunately, what i see, prices coming down, and i always feel for the farmer, they're my first concern, but for the consumer, also, i see right now pretty much straight across the line, pricing, probably with some reductions. so folgers and maxwell house have gone up. they go up pretty quickly, but some of the other roasters, like starbucks, green mountain

coffee, some high end, they have not raised prices. they have bought out long or because so much of the product now is sold through the single cup keurig type of machine, and the margins aren't so high, they figure they weather it through. that's what is happening. >> i the grocery shopping every week and i certainly haven't seen any retail increase in the price of coffee that i pay, and even if prices in coffee do come down i suspect, brian, you'll still win your bet against herb's gold mine. >> i'm so far above herb. >> we have to discover a new planet that is entirely composed of coffee beans for me to lose the bet with herb. >> just keep drinking your coffee, guys down there. keep going. >> cheers. >> a new report has some disturbing numbers about how frequently teachers are absent from school. the reason may all be about economics. >> yeah. and why did dan marino apparently file a concussion-related lawsuit against the nfl and then withdraw it once the news got

out? got a legal expert on this bizarre story coming up.

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cleveland, columbus or new orleans you probably won't be happen we this next story. according to the next study teachers across america are missing classroom time a lot of the time. the group called the national council on teacher quality locked at 234,000 teachers in 40 districts, and on average teachers missed 11 school days a year, but that doesn't include vacation. long-term illness or maternity or paternity leave and, of course, this costs money as well. the study says the cost to hire substitutes in just those 40 districts was more than $424 million. brian? >> ouch. >> hall of fame quarterback dan marino filing a concussion-related lawsuit against the nfl last week but reports now say he is withdrawing from the lawsuit. how might this impact the settlement between the players and league? let us bring back in former federal prosecutor mitch etner. a bizarre story, reportedly joint lawsuit and apparently withdrew. what's your take on this? >> this has been strange from the beginning to the end. it made no sense for dan marino to join the lawsuit in order to

protect himself because as a class member he would have shared in whatever benefits came, and it made no sense he's now saying he didn't realize he was joining a lawsuit. >> this is where it gets interesting. isn't marino's lawyer the lead lawyer for one of the classes suing the nfl? >> absolutely. >> almost seems like the lawyer added marino to the lawsuit. would that even be possible? >> he clearly had a group of people who he was adding. there was a complaint filed in 15 people's names and he signed the complaint on behalf of each of them. there was a separate sheet for marino. not just a typo that showed up in one place. there was a separate short form complaint that i reviewed that had marino's name on it, and there are anecdotes in there about marino. it makes no sense. >> do you see, mitch, let's expand this, right, beyond the nfl, okay, nascar, hockey. do you see this type of lawsuit, if successful, expanding to other sports? this is a big deal and middle

class families already struggling to go to the sporting events with their kids, they will be paying for this on the back end. >> this has already expanded at least to the college football level, lavar arrington filed suit against the ncaa. there have been suits filed against high school football. you're right that hockey is a -- it's a collision sport. anything that is a collision sport. now, some of my nascar friends would say it's an avoiding collision sport, but -- >> that's right. >> i would agree with that, by the way. >> got to go there. it's a great story. it's a weird store we marino. appreciate you coming back. see you again soon, all right? >> okay. speaking of collisions, almost time for our video of the day, a judge and a lawyer get into a disagreement and they literally take it outside. you will not want to miss this coming up. we're moving our company to new york state. the numbers are impressive. over 400,000 new private sector jobs... making new york state number two in the nation in new private sector job creation...

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start your business today with legalzoom. what's under the judge's robe? apparently a lot of anger. look at this video. a judge in florida gets angry with a lawyer, really angry. >> if i had -- if i had a rock i would throw it at you right now. stop pissing me o.just sit down. i'll take care of it. i don't need the help. >> i'm the public defender and i have a right to be here and have a right to stand up and represent my client. >> i say sit down. if you want to fight let go out back and i'll just beat your ass. >> we don't know what happened in the hallway but one witness said the judge grabbed the

lawyer and began to punch him in the face. can you hear them screaming on the tape. the judge came back to a standing ovation. what? >> unbelievable, unbelievable. the kind of thing that happens in taiwanese politics. >> exactly. >> okay. thanks a lot. >> "closing bell" up next. see you tomorrow. >> welcome to "closing bell." i'm kell evans down here at the new york stock exchange. any close higher for the dow, the s&p 500 today, bill, it's another new high. >> not happening though right now, but we have an hour to go. >> have an hour to go. >> very early in the trading day. >> we have the most important hour of the trading day, and we're down 19 points so we'll see what happens on the dow and other major averages. >> the other stories we're following. automakers blowing out month of