Fleschner Stark Tanoos and Newlin - January 2019

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a u s e s L a w s

For many people, preparing for the New Year’s countdown is the most exhilarating part of the holiday season. You tune your TV to the Times Square ball drop, hand out party hats, confetti, and noisemakers, and meticulously line up some champagne flutes. What’s left to do? Pop open the champagne! There are many partiers who pop the cork with enthusiastic and careless abandon, while others point the bottle away from their faces and anxiously twist the cork until they hear those bubbles surge to the surface. Turns out, while the latter practice may be slightly less fun, it’s certainly the safer approach. On April 8, 1978, Charles J. Murray was injured when a natural cork stopper spontaneously ejected from a bottle of previously unopened Almaden Blanc de Blancs champagne and struck him in the left eye. He was preparing to serve the bubbly to a party of 40 people, so he placed 12 bottles on a rolling cart and removed the foil and wire retainer

from three or four bottles — including the one that eventually injured him. Once he started to roll the cart toward the guests, the cork shot out of the bottle all on its own. Due to the severity of his injury, Murray sued Almaden Vineyards, Inc., National Distillers and Chemical Corporation, and Carbo, Inc., alleging that they were responsible because they failed to include a proper warning label on the bottle. The defendants, however, argued that the cork stopper did not and could not spontaneously eject unless Murray had handled the bottle improperly. The case was argued by both sides for two years, but eventually, Murray won. Almaden Vineyards now prints the following on its bottles: “WARNING: THIS BOTTLE IS UNDER PRESSURE. THE STOPPER WILL EJECT SOON AFTER THE WIRE HOOD REMOVAL. TO PROTECT AGAINST INJURY TO FACE AND EYES, POINT AWAY FROM SELF AND OTHERS WHEN OPENING.”

When it comes to

bubbly- induced mayhem, the greatest potential trouble lies in the eye of the beholder — literally. With an estimated velocity of 60 miles per hour, uncontrolled corks do in fact fly faster than the blink of an eye. To avoid having to explain a not-so- fashionable eye patch at work on Monday, handle those fizzy drinks with care.

Why January? The Origin of NewYear’s Day

The month of January kicks off by welcoming the new year — there are countdowns, fireworks, and of course, the ball drop in a freezing- cold Times Square. But why?Why

Inspired by the Egyptian solar calendar, Caesar fixed the Roman year at 365 days and instituted the leap year to keep months aligned with the solstices. He moved the new year from the spring to the day that elected officials traditionally began their year-long terms, Jan. 1. This choice carried spiritual significance, since January was named for Janus, god of doors and gates. What better month to celebrate new beginnings? Under Caesar and subsequent rulers, the Roman Empire expanded its reach, carrying its calendar with it. While much of Europe adopted Caesar’s calendar, NewYear’s Day remained a hot-button issue for centuries.

Thanks in part to the spread of Christianity and to the colder conditions in Northern Europe, there was a lot of resistance to the January start date. Religious leaders saw it as a pagan holiday, and much of Europe chose to restart the calendar on March 25, during the Feast of Annunciation. Much of Catholic Europe officially recognized Jan. 1 as the start of the new year after Pope Gregory reformed the solar calendar again, correcting certain mathematical errors made in Caesar’s day. There were still holdouts, however. In fact, England and its American colonies continued to celebrate New Year’s Day in March until 1752. So there you have it —we were very close to having our fireworks celebrations in lovely spring weather. Ultimately, the ubiquity of the Gregorian calendar won out, as the demands of our increasingly interconnected world made a shared calendar a necessity. So if you struggle to start your NewYear’s resolutions this winter, blame Julius Caesar.

do we start our calendars when much of the U.S. is in the dead of winter?Why January? The short answer is Julius Caesar and Roman politics. The calendar had long been a political tool in Rome. Depending on who was in power, Roman pontifices would add or subtract entire weeks from the year, manually adjusting the term limits of elected officials. As you could imagine, this caused a lot of chaos, because months frequently slipped out of time with the changing seasons. After becoming emperor, Julius Caesar brought about some much-needed reforms.

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