jesse braum is suing swift for allegedly stealing lyrics. braum claims his 2013 song "haters going to hate." recognize that? contain the same 22 word phrase that swift uses in the hit "shake it off." they don't sound anything alike but braum is seeking $42 million from swift and the record label and a writing credit on "shake it off." jonathan: suers is going to sue. cookie monster is celebrating his 40th-something birthday. he is not coming clean on how old he is. it's his birthday but he won't give us an age. says 40-something. he has been a character on the show since the 1960's. he chocolate chips are his favorite cookie. alison: that is a good cookie you do. jonathan: needs more practice. alison: more news ahead at 4:00, including this. a brutal beating of an uber driver. and it's caught on camera. what prompted this attack. hear from the driver who explains it all. jonathan: coming up, the christmas shopping season is officially underway. so are lay-away programs. alison: we have two big stories. from fairfax county the jury that found