Finney Injury Law - November 2021

Finney Injury Law - November 2021

1600 S. BRENTWOOD BLVD., SUITE 220 • ST. LOUIS, MO 63144 // FINNEYINJURYLAW.COM // 314-293-4222 // NOVEMBER 2021

Bigger Doesn’t Mean Better

I recently got an email from a very large personal injury firm that is new to the area. They wanted to schedule a call with me to explore a referral relationship. This is not all that uncommon, as many larger firms in the area refer cases to individualized offices for filing and trial. I receive referrals to serve as local counsel as well on cases with lawyers out of state. These are commonplace arrangements and happen all the time. Different firms have different business models. I was looking forward to the call because I know our firm is designed to handle lawsuits and actually tries cases. I figured this national firm was not established yet and had some cases they needed to refer to attorneys licensed in Missouri. I was wrong. They wanted to get cases in Missouri from me. I was kind of confused because their website says they do not have a single lawyer in Missouri. I did not understand how they could openly solicit cases here without any attorney practicing here, and they were not trying to establish a local counsel relationship with me. So, I asked them point-blank: How are you guys handling Missouri cases if you don’t have Missouri licensed lawyers? Do you have lawyers here? The business development associate was very nice. But she was not a lawyer and glossed over my question. She was based out of Nashville. She was simply trying to get more business and enticing me with a referral check and a bottle of something. I politely declined.

I told them I don’t know who their lawyers are, and I have many friends in the area who do all types of different practice areas that I refer to. I told her that it was very difficult for me to even consider referring them anything when they couldn’t even tell me who or if anyone actually practiced law in this state. I thanked them for their time and told them they could send me some materials via email, which they did. My referral partners’ relationships are built on trust and results. They are not built on referral checks and bottles. I have known and likely worked with many of the people I refer cases to and who refer cases to me. We don’t have business development specialists. We have real interactions and relationships. We share lunch, some drinks, maybe golf, and dinners. I see them and their faces. I know their families, and they know mine. I know who they are and trust them. I hope they do the same with me. Every so often, firms with catchy numbers, daytime TV commercials, large lines of credit, and enticing billboard designs come to Missouri and try to tell potential clients that smaller firms cannot handle their cases because they are not big enough. They buy tons of ad space and try to squeeze clients and medical providers. Sometimes it works. Sometimes it doesn’t. Honestly, either way, it is good for our office and me. Many of my biggest cases have come from clients who felt the big firms were not paying enough attention to them and their case. And those clients were right.

We are not the biggest. We never will be. That has never been our goal. The biggest never automatically means the best. We have no issues funding every single case we have — and probably invest just as much per case as some of these big firms and, in many instances, invest way more. We want to provide the best service and skills. We want the clients who have done their homework, the clients who want a specialist with one-on-one attention. I’m not saying these big guys don’t do great work. Oftentimes, they do. But let’s not be misled on the claim that a small firm cannot provide the same level of service, if not better, than

these guys. After all, if size were all that mattered, we would only have McDonald’s to eat at.

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Big Things Happening at the Firm!

Chris Finney co-authored ‘Traumatic Brain Injury Litigation.’ This book provides insight from plaintiffs’ lawyers, defense counsel, and experts alike. In this book, the authors explore the fundamentals as well as the nuances surrounding TBI litigation. The book begins with complementary — though opposing — chapters from plaintiff and defense attorneys, then dives deeper into the worlds of radiology and life care planning. Alex Ledbetter received the Up & Coming Award! Each year, Missouri Lawyers Media recognizes young attorneys under 40 or in the first 10 years of their practice who are making a positive difference in the practice of law in Missouri. These attorneys display outstanding contributions in professional accomplishments, skill, leadership, and a commitment to the community. Finney Injury Law awards $15,000 in scholarships to deserving college students. The Finney Injury Law Scholarship empowers historically underrepresented students in the legal profession to pursue their educational dreams. To read the essays of these amazing individuals visit our website at FinneyInjuryLaw.com/the-finney-injury- law-scholarship/2021-winners.

KNOW THE CAUSES AND SIGNS OF DAYCARE INJURIES CHILD SAFETY IS NOT A GAME

Leaving your child in the care of strangers can be terrifying, but millions of parents do so every day when they drop their kids off at daycare. Since it’s so hard to trust someone else with your child, it can be especially devastating when that trust turns out to have been misplaced. Just like they do at home, kids at daycare will always end up with some bumps and bruises because they play rough, run fast, and sometimes overestimate their abilities. More serious injuries can happen, however, as a result of negligence on behalf of the daycare and its staff. Lack of supervision, insufficiently trained staff, or an unsafe environment cause most avoidable daycare injuries. Either staffing shortages or caregiver indifference can lead to improper supervision. Meanwhile, untrained staff can be unfamiliar with the best safety practices surrounding eating, sleeping, or playing. Finally, unsafe environments can occur when playgrounds are not regularly maintained, shelves are not properly secured to walls, or dangerous items are left within a child’s reach.

Though it’s scary to think about, abuse can also occur at daycare centers. You should know the warning signs, including your child developing larger or more frequent bruises than normal, becoming fearful of their daycare, experiencing weight loss, or coming home extremely hungry or thirsty more than once. You should also watch out for staff members who don’t report injuries to you, are unable to tell you how the injury occurred, or become evasive when you ask questions. Every parent’s worst nightmare is to see their child in pain. When that pain could have been avoided, devastation and anger are completely normal. A daycare should be a safe environment for a child to grow, play, and learn — not a hazard to their safety. If your child experiences an injury due to neglect or abuse at a daycare facility, the Finney Injury Law team is here to help. These cases are complex and require the help of an experienced attorney. We will answer all of your questions, explain your options, and help you determine the best course of action. Your child’s well-being is always our top priority.

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Her complaint argued that the product’s label was designed to mislead consumers, asserting that she would not have been willing to pay as much or at all for the product if she knew it contained sugar. Jelly Belly responded, calling the lawsuit complete nonsense. They pointed out that evaporated cane juice and sugar are interchangeable terms and also cited the product’s nutritional chart, which showed that each serving contained 17 grams of sugar. Jelly Belly further picked apart the claim by stating that Gomez did not insist on expecting a sugar-free product, and she did not explain why anyone would be surprised to find sugar in a product described as jelly beans. This is not the first lawsuit against a company for using an alternative term for sugar. Though the Food and Drug Administration does not have any legal requirements regarding “evaporated cane juice,” it recommends calling the ingredient sugar to avoid these instances. The courts ended up siding with Jelly Belly, as Gomez failed to show any facts specific to the purchase or the advertising of the product. False advertising and deceptive practices do happen, but this case was not one of those instances. If Gomez had paid attention to the nutritional chart, this entire lawsuit could have been avoided.

JELLY BEAN DECEPTION Why Jelly Belly Got Sued for Using Sugar

Before Bang and other creatine energy drinks became all the rage, many companies tried their hand at candy designed to energize. Not wanting to miss out on the action, Jelly Belly developed Sports Beans. Like most other energy supplements, Sports Beans contained electrolytes, carbohydrates, and a plethora of B vitamins. They also included the phrase “evaporated cane juice” as one of the ingredients — but this got them into some legal trouble. A woman named Jessica Gomez filed a case against Jelly Belly in 2017 over this ingredient. She claimed the company had falsely advertised their Sports Beans by stating they contained juice instead of sugar. Gomez believed the company portrayed that the beans were healthy by trying to appeal to athletes instead of stating that the product contained sugar.

BAKED CORNBREAD AND CHORIZO STUFFING

YOUR REFERRALS MEAN THE WORLD TO US

Inspired by FoodNetwork.com

There is no greater compliment we can receive than a client

INGREDIENTS

• 1 lb Mexican chorizo • 1 white onion, chopped • 1 carrot, chopped • 1 celery rib, chopped • 3 garlic cloves, chopped • 2 cups premade cornbread, crumbled

• 1/4 cup cilantro, chopped • 1/2 cup chicken stock • 1 tbsp unsalted butter, for greasing • Cilantro, for garnish • Cotija cheese, for garnish

telling a friend or loved one about us. If you know somebody who has been injured and needs an attorney who will fight on their behalf and give their case the attention it deserves, please pass along this newsletter and have them give us a call at 314-293-4222. Thank you for spreading the word about Finney Injury Law.

DIRECTIONS

1. Preheat your oven to 350 F. 2. In a large skillet over medium heat, cook the chorizo for 5 minutes. Add the onion, carrot, celery, and garlic. Cook for 10 additional minutes. Stir in the cornbread and cilantro. 3. While stirring, slowly add the chicken stock. Stir until absorbed. 4. Butter a small casserole dish, then add the stuffing in an even layer. Bake for 20 minutes, garnish as desired, and serve!

Practicing in Missouri and Illinois

1600 S. BRENTWOOD BLVD. SUITE 220 • ST. LOUIS, MO 63144

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

FINNEYINJURYLAW.COM // 314-293-4222

INSIDE THIS ISSUE

1

Bigger Doesn’t Mean Better

2

Big Things Happening at the Firm!

2

The Causes and Signs of Daycare Injuries

3

Jelly Bean Deception?

3

Baked Cornbread and Chorizo Stuffing

4

Celebrating World Kindness Day

KINDNESS IS CONTAGIOUS

Spread It This World Kindness Day

It seems like we can’t go a single day without seeing a viral video of someone being mean. The last couple of years have been hard on just about everyone, and nerves are frayed. Nov. 13 is World Kindness Day, and its message seems particularly important this year. Here are some easy ways you can be kind on the holiday and every day. Buy a stranger a coffee. All of us have read stories on social media about strangers buying coffee and meals for people in the car behind them at the drive-thru. If you’ve ever thought about making that gesture, do it today! If the person behind you is having a bad day, you’ve just made it brighter. You’ve also likely inspired them to pay it forward, so your act of kindness will continue to grow. Be understanding. Is the line at the post office really slow? Did your cashier just ask you the same question twice? Or is the restaurant out of your favorite dish? Take a deep breath and remember that there are more important things in life. Especially since the beginning of

the pandemic, service workers have been under an enormous amount of stress, and many businesses are short-staffed. The person helping you is likely going through a lot and has already dealt with several rude customers that day. Don’t be one of them — let the little things go, smile, and be grateful for their help. Think small. Sometimes, the smallest acts of kindness make the biggest impact. Your gestures don’t have to be grand to make a difference. If you like someone’s shirt, tell them! Smile at strangers when you make eye contact with them. Give a comforting word to a parent with a crying child. Open the door for somebody else. And perhaps most importantly of all, don’t forget to say please and thank you — and really mean it. You’ll find that being kind ultimately helps both you and the recipient of your kindness. Even better yet, researchers at the Stanford Social Neuroscience Laboratory found that people who witness you being kind are more likely to be kind themselves. Start a quiet revolution today!

Practicing in Missouri and Illinois