Governor Robert Bentley is expected to sign a bill banning texting while driving on Tuesday. The signing will take place at a ceremony held outside the state capitol.

Under the new law, sending text messages, instant messages, and emails while driving a vehicle will be punishable by small fines—from $25 for a first offense to $75 for a third offense. Additional offenses will not receive any penalties beyond the maximum fine.

Alabama joins 37 other states in prohibiting texting while driving, including the neighboring states of Georgia and Tennessee.

For the full report from WTVM, click here.

Given the relatively paltry sums specified in the bill, it seems doubtful that the new measure will go very far toward improving the safety of Alabama’s roadways. Studies both formal and informal, such as a Car and Driver report discussed here, suggest that texting while driving can be every bit as dangerous as driving under the influence. Yet, compared to the penalties imposed for DUI, the new distracted driving law seems a symbolic gesture, not to say a hollow one. As a deterrent, the bill appears, at best, marginal.

As concern over distracted driving—driving while texting, talking on a cell phone, eating, or engaging in any other activity that diverts a driver’s attention—continues to grow, law enforcement agencies have taken to holding educational presentations aimed at encouraging drivers to stay focused on the road. The Madison County’s Sheriff’s Office will be offering such sessions over the summer in the form of free, one-day courses available to high school students.

In addition to discussing the legal ramifications of distracted driving, the program will address traffic stops and Alabama laws governing DUI and seat belt use.

The program consists of a PowerPoint presentation followed by a hands-on session on a closed course. Deputies will ride with students in the ATV-like Polaris Ranger and simulate different distracted driving scenarios, such as texting and reaching into the back seat. Deputies will also observe students’ real-life driving habits and provide feedback.

Apart from the primary aim of teaching new drivers how better to drive safely, Sheriff Blake Dorning noted that the program’s significance is magnified by lawmakers’ ongoing concern over distracted driving, and the consequent increase in regulatory provisions restricting such activities as texting while driving.

The program runs between June 18 and July 16 at several Madison County high schools. For a full listing of dates and locations, see the al.com article here.

There is only one player in major league baseball today who would be considered, “the greatest of all time,” at his position.  We have been privileged to meet with Mariano Rivera on many occasions since the mid-90’s.   By consensus, he is the greatest relief pitcher (closer) ever.   His record in the playoffs and World Series is almost not believable. At age 42, an age at which most players have long since left the game, he was enjoying another signature season until Thursday night in Kansas City.  While performing a routine pre-game tradition of shagging fly balls, he awkwardly fell, tearing the ACL and meniscus in his right knee.  For a normal human, this would be the end of a career.  Mo is not such.  If it is the end of this remarkable career, we will be in Cooperstown, NY in July of 2017 to witness his induction into the Baseball Hall of Fame. We were blessed to see him pitch seven times during March 2012, on each occasion; he received a standing ovation from the fans when he entered the game.  Godspeed, great one.

The best closer to ever play the game.

The case of American mad cow disease reported Tuesday by the Department of Agriculture was the first in six years. Agriculture Secretary Tom Vilsack maintained that the California dairy cow was never introduced into the food supply, either human or animal.

The infection was discovered during routine, random testing mandated by the USDA. The variant of mad cow disease—technically called Bovine Spongiform Encephalopathy (BSE)—was found to be atypical, which means that the cow did not contract the disease from contaminated feed. Such infections can occur spontaneously, epidemiologist Guy Loneragan told Bloomberg.

The finding has caught the attention of consumer advocacy groups, such as Consumers Union. Michael Hanson, a scientist on staff at the Yonkers-based organization, criticized the USDA’s inspection regime, likening it to Russian Roulette and calling for an expanded national testing program.

Meanwhile, lawmakers and industry groups maintain that, in the words of National Cattlemen’s Beef Association chairman Tom Talbot, “All US beef is safe.”

While only Indonesia has banned the sale of US beef in response to the discovery, other trading partners are expected to remain vigilant.

America’s first case of mad cow disease was reported in 2003. The beef industry suffered tremendous losses as other nations forbade the import of US beef, and major corporations like Tyson Foods and Cargill sustained billions of dollars in losses in the years that followed.

The full report from Bloomberg can be found here.

Coming as it does on the heels of the “pink slime” fiasco, the finding could have done significant further damage to America’s beef industry. But the markets do not appear to have experienced a dramatic swing as a result, according to the Associate Press, noting that futures recovered on Wednesday after a sharp drop the day before.

The reason for such grave concern over mad cow disease lies in the enigmatic pathogen responsible for the illness. Mad cow is a neurological disease caused by abnormal prions—a form of normal protein that has undergone a change in shape such that it damages and ultimately kills nerve cells. The function of a protein is determined by its shape; in prion diseases, misshapen proteins turn on the body, destroying nerve tissue. To complicate matters further, the prions are able to propagate, and to spread from one organism to another, thus the concern regarding the use of infected tissue in cattle feed—and human food products.

Prion diseases are not confined to cows. In sheep, the disease is known as “scrapie,” owing to the way in which infected sheep rub their sides against tree trunks and fence posts, causing skin damage. In humans, the disease is called Creutzfeldt-Jakob Disease (CJD). CJD is a rare condition, with a worldwide incidence of one in a million; however, the symptoms are clearly-defined. The progression from early behavioral changes to full-fledged dementia is relatively rapid. No treatment exists and death is virtually certain, occurring an average of seven months after the onset of the disease.

Consuming food infected with prions has been tied to a condition termed variant CJD, or vCJD. The symptoms are similar in most respects to ordinary CJD, with the notable exception that it afflicts young adults as well as the elderly, behavioral disruptions are more pronounced, and the progression of the illness is slower.

Because the disease is both incurable and fatal, extreme precautions have to be taken in order to safeguard consumers against contaminated products. This includes, among other measures, regulations against the use of nerve tissue in human-grade food. While it is encouraging that the discovery of an infected cow appears to be an isolated case, it would be a grave mistake to become complacent.

Rolando McClain, a former Alabama football player and current member of the NFL’s Oakland Raiders, has reached a settlement with Stanford Matthew Mangham over a 2008 incident in which McClain allegedly struck Mangham with a vehicle. Mangham’s claims also included allegations of physical assault.

According to Mangham, McClain hit the Alabama student twice on November 13 of 2008. McClain subsequently returned to the scene with other members of Alabama’s football program and verbally and physically assaulted Mangham in an attempt to intimidate him. Mangham required multiple oral surgeries to repair the damage.

The case was to be tried in early June, but both parties agreed to a motion for dismissal. The terms of the settlement are not clear—Mangham had sought $75,000 in damages—but the motion specified that each party would pay its own court costs.

McClain also faces trial for a November 2011 incident in which he is alleged to have punched a man, threatened to kill him, and fired a pistol near his ear. McClain has entered a plea of not guilty. A civil filing is forthcoming.

For the full report from The Birmingham News, click here.

Pharmaceutical giant Merck & Co. has been ordered to pay a $321.6 million criminal fine for marketing the painkiller Vioxx for rheumatoid arthritis before the Food and Drug Administration had approved the medication for that use. The fine, ordered by US District Judge Patti B. Saris, will be added to a $628 million civil settlement between Merck and a number of federal and state authorities.

Merck did not attempt to deny the allegations, pleading guilty in December to violating federal law by marketing Vioxx for an unapproved use. The drug was originally approved in 1999, but the FDA’s approval did not include prescribing Vioxx as a treatment for rheumatoid arthritis. The FDA did not formally approve the drug as a rheumatoid arthritis treatment until 2002; thus, for a three-year period, Merck was in violation of the Food, Drug and Cosmetic Act. In addition, prosecutors said, the FDA had issued a letter to Merck in 2001 specifically warning the company about its actions.

Vioxx proved a profitable drug for Merck, earning billions before it was taken off the market in 2004, when long-term use of the drug was found to increase patients’ risk of stroke and heart attack.

The full report from Courthouse News Service can be found here.

According to a news release from the Food and Drug Administration, a new report by the FDA’s Center for Drug Evaluation and Research (CDER) outlines a shift in the agency’s approach to evaluating drug safety, subjecting those approved, “postmarket” drugs to the same level of scrutiny as “premarket” drugs that have not yet received approval.

The FDA also hopes to improve communications with consumers on the subject of drug safety. The news release notes that the CDER released 68 “drug safety communications” in 2011, a substantial increase over the 39 issued in 2012. The aim of such communications is to keep patients and providers informed regarding emergent drug safety concerns.

The impetus for the FDA’s efforts can be traced back to a 2004 policy decision to further address drug safety. In addition, the Food and Drug Administration Amendments Act of 2007 called for dramatic changes in postmarket drug evaluation, including granting the FDA the authority to mandate safety studies for postmarket drugs and issue new requirements for drug labeling in response to new developments.

CDER Director Janet Woodcock, M.D., said that the aim is to improve the “quality, accountability, and timeliness” of the agency’s response to drug safety problems.

The full news release from the FDA can be found here.

As many of you may know our founding partner David Wininger has, for at least the last 10 years, taken much of the month of March away from the busy practice of law and traveled to Central Florida where he and his wife Peggy have season tickets to all the Yankees Spring Training games.  This year was no exception as they left for Tampa during the first week of March and returned on the 31st.

During their most recent trip they saw their team play around 22 games in 25 days, and as usual got to see and visit with friends from all over the country whom they have met throughout the years.  Of course they enjoy seeing the veteran players whom they have been watching for years, but they truly have the most fun evaluating the younger players who are working hard to make a good impression and perhaps make the Major League squad.  Be sure to go to our website and see some of the photographs they took during Spring Training this year.  There is even one of Derek Jeter’s new home on the water near Tampa.

Now that April is here, Mr. Wininger is back in the saddle at the firm and ready to hit the courtroom, as we have several trials set.  Thanks to all our staff for taking up the slack while he was gone and helping get his files ready for trial.  Everybody really “pitched-in.”  Sorry for the shameless pun.

George Zimmerman, the neighborhood watch captain who admitted to the fatal shooting of 17-year-old Trayvon Martin, has been arrested and charged with second-degree murder. Zimmerman may be civilly as well as criminally liable for Martin’s death, depending on the outcome of his trial; according to David Ovalle of The Miami Herald, Zimmerman is expected to plead not guilty on grounds of self-defense.

However, Zimmerman may not be the only party held liable in a wrongful death lawsuit. The homeowners’ association of The Retreat at Twin Lakes could also be named in a lawsuit, according to a report by the Associated Press. It seems that the HOA newsletter instructed residents to contact Zimmerman in the event of a crime “so he can be aware and help address the issue with other residents.”

Roberto Blanch, a Florida attorney who advises HOAs, told the AP that the HOA’s endorsement of Zimmerman’s role as a neighborhood watch captain could be considered a contributing factor in Martin’s death. Daryl Parks, an attorney for Martin’s family, concurs. Parks stated in March that the family was likely to pursue a civil case against the HOA.

California trial lawyer Michele Hagan posted in her blog that the HOA’s case may be helped if Zimmerman signed a release of liability agreement or indemnity clause. Hagan criticizes Florida’s Stand Your Ground law for putting the HOA in this situation in the first place, drawing a comparison between the Zimmerman case and the OJ Simpson civil trial that found Simpson liable for the death of Nicole Brown and Ron Goldman, despite the fact that Simpson was acquitted in his criminal trial. Zimmerman may not face the same penalties.

California’s Department of Toxic Substances Control issued a report on Tuesday detailing the results of an investigation into the presence of the so-called “toxic trio” in several supposedly non-toxic brands of nail polish. The three chemicals—toluene, dibutyl phthalate, and formaldehyde—have been associated with birth defects and other chronic ailments.

The investigation detected toluene in 10 of 12 products that claimed to be toluene-free; four of those products were found to contain the chemical in “dangerous” amounts.

Of seven products claiming to be completely free of toluene, DBP, and formaldehyde, five contained at least one of those compounds.

The brands tested by the DTSC include:

• Sation 99 basecoat
• Sation 53 red-pink nail color
• Dare to Wear nail lacquer
• Chelsea 650 Baby’s Breath Nail Lacquer
• New York Summer Nail Color
• Paris Spicy 298 nail lacquer
• Sunshine nail lacquer
• Cacie Light Free Gel Basecoat
• Cacie Sun Protection Topcoat
• Golden Girl Topcoat
• Nail Art To-N-Seal
• High Gloss Topcoat

The adverse effects of exposure to the “toxic trio” are mainly the result of inhalation, especially in smaller, poorly-ventilated salons.

It’s clear that mislabeling products can lead to dangerous situations, both for consumers and for employees. In California, it’s also against the law; under Proposition 65, manufacturers must list potentially hazardous chemicals on product labels. The California attorney general’s office is looking into the matter, but has not decided whether to pursue legal action.

The report from the Associated Press can be found here.