the new year officiallyz( begins the year of the sheep. it's february 19th. valentine's day tomorrow too. i hope you find a lot of love. thank you for being part of "the real story." here's john scott. >> 800 versus a couple dozen. that's the uneven matchup between a mall group -- small group of isis fighters and a larger team of fully armed iraqi troops. how could a few terrorist breach a secure base and get alarmingly clays to american soldiers and marines. then, ports up and down the west coast come dog a standstill, and analysts say this could hilt us all in the wallet and hard. unites airlines grounding passengers who found a sweet deal online. so what is to stop any company from kelling -- telling us the bargain we found is bogus. i'm john scott in for shep. we begin with breaking news

today. the pentagon just confirmed the islamic stateiu"hm taken control of another town in iraq. official says isis militants attacked a nearby iraqi air base where hundreds of american troops are training iraqi troops. the americans were in another part of the base and not involved in today's fighting. they say iraqi forces killed the attackeres. that base is about ten miles from the city of al-baghdadi in anbar province. isis has been fighting there for months and the pentagon in the last hour confirm the islamic state is now in control of the city. >> we said from the very beginning there's going to be ups and downs and gives and takes here. this is83֖ arguably the first in at least a couple of months where they have had any success at taking new ground. >> today's attack and the fighting raises questions how safe our men and women are who

remain in iraq. how effective coalition strikes f÷avp been and how ready iraqi forces are to deal with isis. we have team fox coverage. john huddy is jerusalem. first let's going to catherine herridge in washington. >> reporter: military officials in washington are putting the best possible face on the incursion. this is the first isis fighters penetratedded the base perimeter. the base is gigantic about about the size of boulder, colorado, ands:wç the terrain offers no natural deferses and the idea that the marines can hold the perimeter 24/7 and at the same time train the iraqi army is not credible. especially if isis maintains a persistent presence in the neighboring town. >> the fight against isis, a big topic on capitol hill today. tell us about that. >> reporter: one of the most credible voices on the threat,

the former head of the defense intelligence agency testified the threat expanded in every possible way and says the administration has not done enough to stop it. >> this enemy must be opposed. they must be killed. they must be destroyed, and the associated extremist form of the islamic ideology must be defeated wherever it rears its ugly head. >> the threat has grown despite the u.s. led coalition bombing campaign. with the pentagon confirming another seven strikes over 12 hours but critics say is too slow a tempo of operations to succeed. and another witness testified that isis is now getting a foothold in libya which is awash in weapons, many reportedly dumped by qatar that is described by the administration as an ally. >> you are seeing the emergence of what looks like an islamic state affiliate in libya. it's,ñç completely ungoverned space, and complete -- it's now a civil war total polarization

and that's destabilizing east and west. >> flynn ward the so-called u.s. allies dumped weapons in the region like qatar has has negotiated on behalf of isis, al qaeda and the taliban must be canceled and reined in. he says she supports a larger evident to bring the arab nationsglftogether in a body that offers collective defense, very similar in thinking to nato, jon. >> thank you. >> more now on the attack on a key air base in iraq. pentagon officials say 400 american forces are stationed at the base but they were in a different area at the time. john huddy has more live from jerusalem. >> reporter: military officials say that the 400 troops were not in any danger at the time of theiwç[ç attack; that they were not involved in the counterattack though the u.s. did provide surveillance and aerial surveillance for iraqi forces on the ground. that said there

concerns obviously, security and then the location. this is why -- take a look. the area is)vg?vç al-assad air base ten miles away from al-baghdadi, which is under isis control. now the 400 u.s. troops were two miles away from the attack when its happened, and u.s. officials say that there may have been more than just the eight militants who got through the security perimeter. apparent hill the suicide bombers that detonated the bombs may have been trailed by another dozen to 15 other isis fighters. this is developing information. we're getting a lot of this from the department of defense. so it's still very fluid. the air base has a large military presence, as mentioned, 400 u.s. troops training 800 iraqi soldiers. and it also takes up a large area, a large area of land that catherinefñ;=3xi was talking about and also the security fence. the concerns how these militants

got in, how they got so close, number one and if this is the first attack jon, of more attacks to come. >> john huddy from the# mid-east journal. joining us bob scales fox news military analyst. he has been to that base many times. general, the u.s. and coalition forces have had this air campaign on against isis for more than sixç÷ o!íhs now. the goal the president said time and time again is to degrade and ultimately destroy isis. doesn't look like we're degrading them if they just took another major iraqi city. >> okay, let's just do the math jon. the average number of sorties per day is somewhere between seven and ten. on the opening day of the march to baghdad, one day we launched 800 sorties. so this is essentially a sort of pinprick campaign that isis can survive because as you saw what [pá2 q'ed yesterday, they've adapted. they're attacking in small

groups, they seek to penetrate into high-value targets-cause damage and then disappear you see the pattern. you lead with -- they lead with suicide bombers, they create a disruption. that's a diversion to the main body the armed body to go around or through them and attack the installation. that's clearly what isis was trying to do yesterday. as mike flynn said this is not an enemy power that is on -- they continue to grow and threaten american forces and what is so important to remember, the air base is the most exposed facility for american troops in iraq. >> apparently they have been launching more tar strike -- mortar strikes at the forces on the base. doesn't take a whole lot of expertise with a mortar, sooner or later you're going to have a hit, aren't you? >> that's the whole point. it's only a matter of time before sadly an american gets

wounded in these mortar and rocket attacks. they're using both. but the great fear is the fact that perhaps one of these soldiers god forbid might be captured by isis. that's their holy grail. gçk çisis is running out of western captives captives and believe our vulnerable center of gravity as a society is in watching our citizens be brutally attacked and killed by isis and they seek to move ever and ever closer to an american facility and god forbid capture or kill one of our guys. this is tough on themc÷óvç because there their assignment is to assist and train. and it's hard to assist and train an iraqi combat unit if your own soldiers are exposed to the enemy. so it's a terrible con -- con nondrum phenomenon the u.s. exam. >> 400 marines traching the iraqi troops. the attackers got inside the wire apparently, pretty appalling given the numbers.

>> and by the way as i mentioned before this is a standard pattern of behavior($cwr standard tactical method isis has used hundreds of times, particularly against the iraqi averagey. breach the fence in a part of the perimeter that is nose carefully guarded. you charge an iraqi installation, blow up with suicide bombs and use that as a diversion to conduct the main attack. like you say, the attack occurred far away from the american compound. but you know what and the americans are there. they're exposed. they go out every day to train the iraqis, and god forbid they day may come when isis gets better at this. >> major general bob scales, our fox news military analyst, thank you. >> isis terrorists have no problem beheading and burning hostages alive, but apparently they draw the line at smoking. reportedly they behead one of their own@í&n çokç members for violating the group's ban on smoking. the "los angeles times" reports

the body turned up in syria last month with a cigarette in the man's mouth and a note reading this is not permissible. according to the times some islamic state terrorists actually sneak across the border to turkey to have a smoke. one french citizen convicted of joining isis in syria says he quit and went back to france because of the smoking ban. >> meantime, pentagon officials say hundreds of american troops are preparing to head to ukraine on a training mission there. a peace deal is set to take effect there just hours from now. the pro-russian rebels launched a new offensive in territory the ukrainian government controls. plus, the former marine on trial for the murders of the american?í sniper chris kyle and his buddy, wait until you hear what an investigator says he found inside the suspect's home. that's next live from the fox news direct. you just got a big bump in miles. so tis a opunitr an l sound good? great. because you're not you you're a whole

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when healthcare changes. when frustration and paperwork decrease. when healthcare becomes simpler. so let's do it. let's simplify healthcare. let's close the gap between people and care. a peace deal has done nothing to stop the war in ukraine. in fact witnesses say fighting has only gotten worse. 0 pro russian rebels launched a new push to capture a huge railroad hub in an eastern town under government control. they fired wrongs and raised rebel flags across town. ukraine's military say 11 soldiers died in the past day. the peace deal takes effect after midnight sunday local time tomorrow evening on the u.s. east coast.

ukraine's leader and russian president putin each expressed optimism about the deal. and german chancellor angela merkel seemed more skip tick cal. calling the agreement a glimmer of hope. 600 american paratroopers will head to ukraine next month to train government soldiers. >> the accused kill of the american sniper chris kyle, told cops i don't know if i'm goingxkçó insane. that's the latest from the murder trial in texas now in its third day as we reported the suggest,ed aie ray routh, is accused of gunning down chris kyle and a buddy at a shooting range. the case is drawing attention because of kyle's story now familiar to millions who have seen the film "american sniper." jurors watched a drowning video yesterday showing police rounding routh who had locked himself inside chris7a> truck after the shooting. the video shows routh asking cops question busy the an narkty and apocalypse as the officers

try to talk him out of the car. in court investigators say he found two weapons inside the truck. said he searched he suspect's house and found a near empty bottle of whiskeys items used to smoking pot and prescriptions for$ an antipsychotic drug. he has admitted to the killings but the trial is in other words ends around whether or not he was insane when he gunned down both men at the shooting range. will carr is live outside the courthouse in texas. i understand, will, the defendant's uncle is on the stand right now? >> reporter: that's right, jon. routh's uncle is on the stand and he said that after the sheeting, routh came to his house and said quote, i'm driving a dead man's truck. referring to the truck he had stolen from chris kyle after the truck. this comes after detectives were on the stand today and said they found those prescription medications, the antipsychotic drugs, inside of routh's house. now, that was after a week that he had spent in a mental institution a week beforegé the

shooting, i should say. his family, routh's family says that he has been diagnosed as possibly harmful to people but according to the family he was given medication and then released. taya kyle showed up this morning after an emotional week. she testified on wednesday then yesterday she saw graphic pictures of the scene and the autopsy. the medical examiner testified 8zí"mat routh shot kyle six times in the face shoulder, arm and side. routh shot littlefield seven times in the the top and back of his head and at some point indicated to authorities he shot kyle first and then turned the gun on littlefield. >> do we know whether the judge will allow routh's0> reporter: i spoke to the clerk this morning and asked her that exact question andñç evidently the judge has not ruled yet. he'll make the decision when it comes up at trial. we do know that evidently routh admitted he killed kyle and littlefield to his family and

to authorities, and it's already come out at trial that he told police that he had taken some souls and he had more souls to take. jon. >> will carr reporting live from texas, thank you. dozens of major port on the west coast have essentially shut down today. no imports no exports. the latest move in a labor fight that has lasted mocks. ang lists warned this could soon force everybody to pay more at stores. that's coming up. are your joints ready for action? osteo bi-flex® with joint shield™ nurtures and helps defend your joints° so you can keep doing what you love. what'd you guys do today? the usual! osteo bi-flex®... ready for action.

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breaking news just into the deck. the governor of oregon is resigning. the announcement comes two days after the governor promised he would not step down over an escalating corruption scandal. john kitzhaber has been facing

increasing pressure all week to resign. started win his fiancee came under scrutiny for using this relationship with be the governor secure business]txzñtç deals. she also admitted she once married an immigrant just so he could stay in the unitedp7c@a states. oregon's secretaries of state calls the situation keirly bizarre and unprecedented. dan springer is live in our pacific northwest news hub. the governor just put out a statement, dan? >> reporter: it has been a remarkable political drama unfolding in oregon, and the governor just minutes ago put out a statement in his resignation. earlier today he talked to his staff, saying he was resigning and just put out this statement and he says i must say that it is deeply troubling to me to realize we have come to a place in the history of this great state of ours where a person can be charged trade convicted and sevens sentencessed by the media witê; no due process or independent verification of the allegations involved, but even

more troubling, and on a very personal level, as one who has given 35 years of public service to oregon is that so many ofè my former allies and common cause have been willing to simply accept this judgment at its face value. this is in reverence -- reference to the fact that virtually every person in the state -- a state run completely by the democratic party. the secretary of state is a democrat. the attorney general the leader of the house, all have come out and said that john kitzhaber needs to resign, and as you mentioned, this all centers around sylvia hayes, his fiancee, someone he has been dating for a number of years but became a fiancee in the fall. she was involved in contracts in which she was getting paid over $200,000 to advise and consult on environmental issues, at the very same time she was listed also the governor's first lady the state's first lady and also an unpaid adviser on environmental issues. in fact right now in the state capitol, there are some bills

that she helped craft and she also consulted on at$÷@i the very same time. so there's the obviously some ethics investigations going on and kitzhaber faces a long road ahead even if he is resigning today. >> because he could still face -- even if he leaves office his troubles are not over. >> reporter: that's right. the attorney general this week announced she has opened a criminal investigation. in fact that investigation got really serious when she said that sylvia hayes must turn over her e-mails, they are not private. she is a public official and that has been the contention all along from john kit labber. she ills my fiancee has her own career. it's separate from mine. she is not a public official, but again, on the web site they listed her as the fie yç lady and they also said she was an unpaid adviser on environmental issues so it's tough to get around that. but there's a criminal investigation, both hayes and kitzhaber this week have hired criminal attorneys. >> the governor is stepping

down. >> reporter: he is an icon in oregon, has been there a long time. >> thank you, dan. almost all activity at dozens of major west coast ports now at a halt as dock workers fight over pay and benefits. the ports handle a quart of owe of trade in and another ofxáz the u.s., a trillion dollars worth of cargo each year. ships packed with goods from car ;3jlóçw to medical equipment to furniture, now anchored outside the ports in los angeles seattle, and elsewhere up and down the west coast. the shutdown could cost stores as much as $7 billion this year, according to one estimate, and some analysts say this ultimately could hit you in the pocket since retaileres can only absorb higher costs for so long. chief correspondent jonathan hunt$ neighborhood of san pedro. there are suggestions this could plunge us back into a recession. >> reporter: it's simple

economics. ports like this here when you get these ports grinding to a near halt, you get a log jam of those huge cargo ships sitting offshore. we're told that there are currently something like 27 ships that can't get in. they are loaded with tens of millions of dollars of consumer goods. those goods can't get to theó@dñ20ls [es. the truck drivers can't deliver them. the retailers can't sell them. and according to some lawmakers, you can talk all you like about terrorism, but this labor dispute and the economic ramifications are more clear and more present danger to the united states. listen here. >> we believe this is the greatest threat our nation faces right now. we want him to be focused on this and act swiftly with the support of the members of congress to get this done and make sure our economy doesn't go back into another recession. >> that congressman calling very

clearly for president obama to step in to deal with what he said you heard him right there says is the greatest danger our nation faces. jon? >> any signs of progress here? >> reporter: frankly jon, the pressure -- few signs of progress. there are talks ongoing but no sign of any real solution. the employers accuse the workers here atççóo+w3 these ports of staging aó5>zl/z go-slow. the unions say that is not true. but in response the employers are now instigating a partial lockout over the coming holiday weekend. that log jam of vessels in the pacific continues to build up, and you can be very sure that ultimately who is going to pay the price for this, the consumer. jon? >> jonathan hunt from los angeles, thank you. yemen's government falling apart now and one official says thati:z@& 1ñ

now more countries are closing their embassies in the capitol city. reaction from the state department next. president obama commenting for the first time about the sheeting death of three muslim students in north carolina. police say it started with a fight over a parking space but family members call it a hate crime. that's coming up. before larry instantly transferred money from his bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. there's only one egg that just tastes better. with 10 times more vitamin e. and twice the omega 3s. because why have ordinary when you can have the best.

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isis is on the march in -- the collapse of yemen's government was a supplies to intelligence officers in the u.s. >> we match up orders of battle and read about the resources available to the various sides, you would look at that and say there's no way that might happen. but obviously it did. and it's left news a position now where on relatively short notice, just over the past few months, the security situation deteriorated far more rapidly than we expected. >> the counterterrorismw'[v:l!÷;ñçl(ktñç director says yemen's army is now acting

a lot like iraqis army when i essentially allowed isis to make huge gains in the country last summer. not long ago president obama claimed yemen was a success story in the war against al qaeda, saying yemen was a strong partner intense the terrorists. now the u.s. backed government has collapsed and the terrorists essentially have free rein. yesterday al qaeda militants took over a military bias in yemen. the attack was described as sew fess tick indicated. yemeni -- sophisticated. u.s. officials called the terror group's branch in yemen its most dangerous and active offshoot. the u.s., italy germany, solved diarabia and other countries all closed their embassies in the city. there is a report the cia is scaling back its presence in yemen. >> according to the "washington post" not all u.s. intelligence personnel have been evacuated from yemen but the u.s. embassy

was a major base of operations for intelligence collection so it's made its evacuation has made things much more of a challenge to collect intelligence at thisé now, today a pentagon spokesman described thed''ww2kf situation. >> even before all of our personnel were removed from the embassy, the business of intelligence was made more difficult by the political uncertainty and now there's no question about that. i'm loathe to quantify that for you, but obviously it'su2óo harder to get information than it was before. >> he did say the u.s. military is still able to conduct operations in yemen. he said there are special operations forces that are still there and they are still training the yemeni security forces. >> there's also some new information about the takeover of a major military base there? >> that's right. now the state department says they have not been able to independently verify that al qaeda linked militants have taken over a base, seized a base in yemen but it does speak to the heart of the situation there listen. >> we have been alarmed and

concerned about the threat of aqap in yemen for some time now and that's one of the reag2 would like to continue our counterterrorism operations and coordination on the ground. >> of course al qaeda's branch in yemen-sñ6bz is the one of the group that claimed responsibility for the sheeting at a french satirical newspaper last month, and, jon there are also reports the militants stole large amountses of weapons at the base. >> can't be good news. bring in chris wallace. yemen is the place. the president said time and time again was a success story for u.s. policy in the middle east. >> well, the thing that strikes me that is just remarkable is that is the head of the counterterrorism center, nick rasmussen, sakjtçxd we were taken by surprise. it was less than a year ago last june, when top u.s. officials were saying, we were taken by surprise by the swift advance of isis and the fact they'd been able to take over

the number -- the second largest city in iraq mosul, and so as i say, in less than a year, breath in iraq and yemen -- both in iraq and yemen, our intelligence services are taken by surprise. makes you wondercs[oçç'buñ what they're doing. >> and now jen psaki is saying we're alarmed and concerned about the developments in yemen. a country that until a month or so ago hat a government friendly to the united states. the government was completely overrun and all of this apparently a surprise to american intelligence. >> well, we have to put this in context. the al qaeda force in yemen al qaeda in the arabian peninsula, is the most dangerous al qaeda shaw shoot in terms of the u.s. homeland. other groups, even isis are primarily inward looking focused on their region and

peninsula made no bones about the fact they want to attack the west. they were behind the attack in paris on the "charlie hebdo" headquarters. they were also behind the attack on christmas day. the underwear bomber on the plane over detroit and was trying to blow it up when his bomb didn't go off. so,7$u$e idea that we are pulling, as you and lea just talked about, we're pulling dozens of cia operators out of the capitol of yemen where they have been in close consultation working hand in glove with the yemeni government, and we're pulling troops out, it says we are being forced to scale back our efforts to fight our biggest enemy in the islamic jihaddist world. >> then let's go to iraq where the president talked about ending a war responsible whether i but we have 400 marines at the

air base, al-baghdadi, training iraqi for forces how to come and the base comes under attack and the marines are close to being in the firefight. >> this has been going on for some time. they have been very close to the air base there at al-asad. they have been firing moat mortars in. they've taken over the city of al-baghdadi. there was a fight for control between the iraqi forces and isis and what it basically says is tháp!5j>ç raise questions is whether or not the iraqi army is able to fight against isis on its own or whether it's going to need a much more muscular u.s. presence on the ground than it has. obviously we have been trying to help the iraqis from the air in that part of the anbar province and we have notedsucceedded and it raises questions whether we need ground troops on the front line maybe at spotters to1wó?;[ç turn back

isis. they're getting perilously close to this air base. >> maybe you can ask the questions the weekend. you have an important guest chris wallace, thank you. catch chris on fox news sunday. he will have an exclusive interview with this man, house speaker john boehner. he will al talkdb1c4,ç withj & alabama's chief justice about the battle over same-sex marriage in alabama and beyond. this sunday on your local fox station. president obama has just issued a statement about the shooting deaths of three muslim students in north carolina. president said no one in the united states should ever be targeted because of who they are, what they look like or how they worship. he also said the fbi is launching its own investigation. police claim the incident apparently stepped from a parking dispute but family members call it a hate crime, sharing the gunman shot the students execution style. thousands of mourners shopped up for the funeral services yesterday in raleigh.

two of the student's fleury -- students were newlyweds. the third was the wife's little sister, just 19 years old and a student at north carolina state. the shooting happenedvz)utáqpvç in chapel hill. investigators say the suspect, craig hicks, shot and killed the students at condo complex not far from the university of north carolina. the suspect reportly described limps on facebook as a gun-toting athiest and says he hated religion. he is currently behind bars, could face the death penalty. jonathan seare is live with details. how seriously are investigators takingpñ these hate crime allegations? >> reporter: the chapel hill employs chief pledged to investigate every possible motive. meanwhile, the fbi in addition to assisting chapel hill police is conducting its own parallel investigation to determine whether any federal laws were

violated. family of the victims say they don't want revenge but they do want society to acknowledge that religion was at least a factor in the shootings since all three victims were muslim. jukes this have hate crime written all over and it it's -- and i'm not going to bend over that. we need to know things the way they are and if they don't carefully, i will yell. >> reporter: and there's an indication how concerned this community is about the shootings that took place on tuesday. more than 5,000 people attended the funeral for the three victims. >> but the defendant's wife is insisting this wash crime. right? >> reporter: she is indeed. karen hicks says this crime had nothing to do with bigotry. listen to what she told reporters about her husband. >> he just believed -- and i know that's one of the things now about him -- everyone is

equal. so, doesn't matter what you look like or who you are or what you believe. that's one thing i do know about him. >> karen hicks says she was shocked by the shoot little but insists they stem from an ongoing dispute over parking spaces spaces inbkmç their condominium complex where the victims also happened to live. jon. >> thank you jonathan. a judge telling a group of gamblers who won more than a million bucks at a casino to give it all back. the gamblers claim they shouldn't have to pay for somebody else's mistake. we'll talk to the lawyer next. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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the road. more than doubled the old record. gm almost broke the record onx< its own with its o;yar#wvjymf>? s0y, ;z]yl]v:ra %, >> americans aut apparently feeling less confident about spending money. the university of michigan reports its consumer sentiment index dropped this month from an 11-year high. economists had predicted it would hold steady. consumer spending makes up two-thirds of the u.s. economy. two divers found the wreckageta;÷ that crashed off the coast of san diego in 1953. it reportedly went down during a training mission. the divers say it was just 60 feet beneath the surface. >> i was stunned. the greatest thing i've ever dove. it was in my back yard. >> it was incredible that a wreck like that could lie so close to a populated area and not be found. >> the divers say the pilot's family told them he survived the crash and was back on duty that same day.

some gamblersers who struck it rich in atlantic city have to give their wings back to the casino. all $1.5 million. that's the ruling from a new jersey judge. the gamblers were not high-rollers, just putting down ten bucks a hand at the golden nugget but they noticed a pattern and kept winning. more than 40 times in a row. by then they had upped their bet to thousands of dollars per hand. well turned out nobody shuffled the deck of cards. casino blames the contractor it paid to shuffle the cards in advance. winners say it's not their fault but the judge disagreees. problem is the game happened three years ago. there is a good chance they have already spent the cash. late bring in a lawyer david bruno, a criminal defense attorney and former prosecutor.uqóóçó seem likes this is the casino's mistake. >> a tough pill to swallow. what the judge did is looked at this as a contract, and essentially generally speaking

gambling is illegal, except for certain exceptions and one of them is at the casino in atlantic city. for certain games that we can gamble but they have to follow the rules of the games and here essentially because there was no shuffling it's a violation of the rule. therefore it's not an exception. and, therefore it's an!óow forcible contract. >> but it's not the gamblers fault. >> it's not. that was an argument made before the court. when she made her decision she?wpç÷( looked to the statutes, and the statutes are for the protection of both the casino and the gamblers. so it really didn't matter within her decision whos e fault it was, be it the casino, gamblers or the card-shuffling machine company. >> so they have got a half a million dollars in cash. they've got another million dollars in chips that presumably they haven't spent yet. but how are they supposed to pay back money if in fact they have gone out and bought a couple of new washing machines or

whatever. >> unfortunately that's the remedy in contract law. so, because it's an uneven forcible contract, what the courts will do is try to get the parties back before the dealing of the cars and the games. so, if anybody lost money they would be reimbursed and for the people that won, they got to give it back. >> does this kind of a case have the potential to go on, say to the supreme court -- >> sure. >> or just a contract case. >> i think it will. now, at the very least it's going to go up to the appellate division because there was no real state precedent for this case. the appellate division will take essentially a clean look at this because it's the interpretation of law. they don't have to look to the lower court's decision or rationale. >> if it happens again? can the casino come say hey we paid these other folks to shuffle the cards and they didn't do it so it's not our fault? >> well, yes, that's what the opinion stands for. if there's a mistakes' somebody benefits, be it the gamblers or the casino, they're going to be

uneven forcible and going to return everybody's money. >> david bruno, thank you. unites airlines claims it does not have to honor the first class tickets it sold for at little as 50 bucks but some passengers arefo in court. do they have a case? that's next. you could make it happen. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done.

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installing the latest software patches. one of the nation's biggest airlines taking heat for canceling thousands of bookings after a computer glitch led to extremely cheap first class fares for as little as $50 and you can imagine, customers are not happy. that airline is united. the company issueing a statement saying it would not honor the fares claiming those who made the bookings were, quote, attempting too take advantage of an error a third-party software provider made. a british researcher says united is face legal claims. gerri willis is with us. do consumers have aryççw3 case here? >> i think they have a very good case and i'll tell you why. there's actually a rule about that. the department of transportation has something they call their passenger consumer protection rule not .!u" much -- can't be more clear than that. it says the consumer purchases a fare and receives confirmation, the seller of the transportation

cannot increase the price of the air transportation so the consumer, even when the fare is a mistake. so that seems to be clear and the department of transportation is telling fox business exclusively this afternoon that they had seen a very significant spike in complaints from united customers over the past 48 hours. they're looking into the matter. reviewing these.olrl4"3jjjuumer complaints. i have to tell how to this kind of thing happens very, very often, and when you said bookings, we interview people who actually have tickets in their hands. >> doesn't help that united doesn't have a real strong record with consumers. >> look at this list. also from%úñ the department of transportation. the number one most complained about airline in the country, front tier. number two, united. number three, american airlines. the big ones are all there but united number two. that is the airplane the consumers like to complain about. >> in the meantime, good news. the dow flirting with record numbers. >> that's right. so we popped above 18,000.

still holding there. if we close there the first time since december 31st we have done that. the new record close, if we could get ourselves up to 18,053, we would beat the all-time high. so that's good news. the s&p and the 2,000, the small cap index, both hitting new highs today. >> 30 more points. gerri willis, thank you. we'll be right back. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. [ fishing rod casting

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on this day in 2000 the last peanuts comic strip ran.chultz brought charlie brown, lucy and line linusçñ[yçi]ów7 to life. he died hours before his final comic ran which he signed how can i ever forget. and millions of readers watched

charlie brown miss the football one last time 15 years ago today. love that music. >> i'm jon scott in for shepard smith. your world is next. stuart varney in for neil cavuto. it's the president versus the.: kk former spy chief as the battle over gitmo heats up. welcome everyone, i'm stuart varney in for neil cavuto and this is "your world." just as the whitea threatening to limit gitmo transfers the former intelligence chief is speaking out, telling a house hearing today that places like gitmo are needed to get intel from the bad guys in a timely manner. >> to be able to do tactical interrogation, professionally -- >> i got that -- >> with we bring them into the united states and they get read their habeas corp