NEW YORK (

TheStreet

) -- U.S. stock futures were pointing higher Tuesday following a report Monday that showed an improvement in U.S. manufacturing.

European stocks were slipping while Asian shares finished Tuesday's trading session mixed. Japan's Nikkei 225 index closed 0.1% lower at 8,786.05.

The economic calendar in the U.S. Tuesday includes Redbook's Retail Sales Index of department and chain store sales for September at 8:55 a.m. EDT.

U.S. stocks

on Monday finished mixed as a downbeat speech by

Federal Reserve

Chairman Ben Bernanke knocked stocks off early highs.

Stocks were higher early Monday as investors cheered data showing that economic activity in the manufacturing sector expanded in September.

The

Dow Jones Industrial Average

rose 78 points, or 0.58%, to close at 13,515.

JPMorgan Chase

(JPM) - Get Report

is reportedly being accused of fraud by New York Attorney General Eric Schneiderman.

According to

The Wall Street Journal

, Schneiderman has filed a civil complaint against the bank related to its alleged role in the sale of toxic residential mortgage-backed securities.

The

suit

relates to billions of dollars worth of subprime mortgage securities issued by Bear Stearns, which JPMorgan later bought when it fell into distressed straits in 2008.

J.P. Morgan Chase spokesman Joseph Evangelisti told the newspaper the bank intends to contest the allegations, and that it is "disappointed" that the attorney general's office "decided to pursue its civil action without ever offering us an opportunity to rebut the claims."

Senate leaders are working on a

plan for dealing with the "fiscal cliff"

facing the U.S. in January, opting to try to use a post-election session of Congress to reach agreement on a comprehensive deficit reduction deal rather than a short-term solution,

The New York Times

reported.

Samsung

can sell the Galaxy Tab 10.1 in the U.S. after a U.S. court removed a temporary sales ban against the device won by

Apple

(AAPL) - Get Report

in a patent dispute,

Reuters

reported.

"We are pleased with the court's action today, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for," Samsung in a statement.

Boeing's

(BA) - Get Report

engineers and technical workers' union, which represents 23,000 workers, rejected late Monday the aerospace giant's four-year contract offers.

Talks on an agreement are expected to resume Tuesday.

Automakers such as

Ford

(F) - Get Report

and

General Motors

(GM) - Get Report

are expected to post auto and truck sales for September throughout Tuesday.

Earnings scheduled for Tuesday include

Acuity Brands

(ACU) - Get Report

,

Mosaic

(MOS) - Get Report

,

Resources Connection

(RECN) - Get Report

and,

Xyratex

(XRTX)

.

-- Written by Joseph Woelfel

>To contact the writer of this article, click here:

Joseph Woelfel

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