Robinette Legal Group - November 2021

Robinette Legal Group - November 2021

R

obinette Reporter

www.RobinetteLaw.com Local: 304-594-1800 24-Hour Help: 304-216-6695

November 2021

FROM THE DESK OF

3 WAYS TO SURVIVE YOUR BEST DECISIONS Sully Found Confidence While Facing Doubt

Jeffery L .Robinette

Thank Our Veterans for the World’s Best Justice System

Over the past 250 years, countless men and women have given up their possessions, their health, and their lives for the freedoms and rights we enjoy today. As a veteran 82nd Airborne Army Paratrooper, I know when any person signs on with the military, that person pledges to defend this country with their lives. All over the world, there are wars and conflicts about the same civil rights we already possess here in the United States. One of the greatest rights that we have is the right to petition a court of justice when we have a grievance. When we have been harmed by the wrongful conduct of others, we have the right to pursue justice against the responsible parties. The right to trial by jury is one of the most important rights we have as United States citizens. Without the right to civil justice, injury victims would not be guaranteed a fair hearing on their claims or be compensated for their losses. Experience has borne out that we can’t rely on the “good will” of wrongdoers to compensate injury victims. Habitual wrongdoers such as intoxicated and careless drivers and profit-centered corporations care little for the safety of others. Thankfully we live in a country where your legal rights can be protected and the injured and their families can pursue fair compensation from those who caused their injuries.

When you make the right decisions in life, a band doesn’t appear on the scene to sing your praises. Often, your best decisions are private and very difficult. But how do you ultimately know whether or not you did the right thing? The movie “Sully,” directed by Clint Eastwood, confronts this question in a fascinating way. It’s based on the true story of Captain Chesley “Sully” Sullenberger and his decision to land his commercial plane in the Hudson River because he realized it wouldn’t make it to LaGuardia due to a rare engine failure. Although the survival rate for water landings is remarkably low, every single person lived. That’s 155 people, including two infants. Despite being a hero, the pilot faced enormous legal challenges afterward. To put it simply, insurance and the airline company didn’t want to pay for the damages. Captain Sully and his copilot were forced to constantly defend the best decision he could have made. Based on this true story and its movie adaptation, here’s how you, too, can cope with doubt about the most important decisions in your life.

No. 1: In any crisis, always focus on the first step.

As you celebrate Veterans Day, please remember those who gave of themselves for the freedoms we enjoy today.

When you’re in the pilot’s cockpit and alarm bells are going off, it’s easy to panic or, worse, freeze in terror. How do you stop yourself from doing that? Although it’s certainly easier said than done, you should put all of your energy into the initial action of dealing with the crisis.

-Jeff Robinette

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This step includes emotional crises, too, when you’re deep in self-doubt. What’s the first step to knowing you made the right decisions? It’s double-checking your work and talking to others who have been in similar positions. It can also mean being patient for results to come in. Focus on small steps, and after that, try this next step.

No. 2: What’s within your control? If something isn’t, relinquish your concern.

If you’ve had a new job change you’re worried about, create a pros and cons list and see what you think. No matter what the results are, you can always consider your next steps toward a future you’ll be happier with. However, if you’ve landed a plane and saved 155 lives but face intense legal threats that could jeopardize your well-being and that of your family, you may feel like your emotional state is out of your control. That’s totally normal — it may even be healthy to allow yourself to feel disappointment, anger, and worry. Embracing your emotions may allow you to accept, overcome, and see past them faster.

lawyers who knew his situation intimately. They considered it carefully themselves and assured him he was right. It’s easy to isolate yourself when you feel most vulnerable and afraid of being wrong. However, it might be worth opening up to a friend, or even a therapist, to talk about your doubts and why they may cause you anxiety or decision paralysis. Working through these phases in your life never has to be done alone — we all need help sometimes. While I’m not Captain Sully, these tips have helped me numerous times, and in some cases, I wish I had taken my own advice sooner! Thanks for reading, friends. I hope you’ll have a wonderful start to the holiday season.

No. 3: Don’t doubt yourself alone — find a listening ear.

As a hero, Sully felt very isolated in his unique situation of self- doubt; however, he was lucky to rely on his copilot, wife, and

Why Jelly Belly Got Sued for Using Sugar Jelly Bean Deception

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.

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.

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.

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3 Tips for a Merrier Time HAVE A LOW-STRESS HOLIDAY

Get Started Early Holidays always arrive faster than we expect, so begin preparing early. If shopping for presents is a pain point, don’t wait until the last minute. Decorate earlier than you need to — or better yet, get the kids to do it for you. There’s only so much cooking you can do ahead of time, but ensuring you have all of the equipment and nonperishable ingredients you need a few weeks in advance will reduce both your workload and anxiety. Don’t Expect Perfection The sooner you let go of the idea of a “perfect” holiday, the sooner you’ll be able to have a happy one. Face it: Something will go wrong. Whether it’s an overcooked dish, a child throwing a temper tantrum, or your uncle talking politics at the dinner table, nothing will ever go just how you planned. So, embrace the imperfections. Whether you’re celebrating this year with a group of two or 20, holidays can be a stressful time — but they don’t have to be. With these tips, your festivities may not be picture-perfect, but they will be a lot of fun.

The holidays are right around the corner, and while many people can’t wait to eat turkey and swap presents, others only see stress on the horizon. Especially for those hosting parties, between decorations, big dinners, excited kids, and visiting family, it can all feel overwhelming. If celebrations are happening at your house this year, here are three tips to lessen the strain and keep up the holiday cheer. Recharge First Ensure you’re rested and recharged before the holidays by taking time to relax, getting enough sleep, and engaging in activities that make you feel good. When you’re rushing to get everything done, it can be tempting to skip self-care routines, but that will cost you in the long run. Your daily exercise and other health activities keep you balanced and ready to face challenges head-on.

Take a Break!

Easy Cranberry- Apple Salad Inspired by CookieAndKate.com

Want the taste of fall without the calories? Try this quick and easy salad, topped with homemade apple cider vinaigrette.

Ingredients

For the salad: • 1/4 cup dried pumpkin seeds • 5 cups salad mix • 2 Granny Smith apples, chopped into bite-size pieces • 1/3 cup dried cranberries • 1/3 cup goat cheese, crumbled

For the dressing: • 1/4 cup olive oil • 1 1/2 tbsp apple cider vinegar • 1 1/2 tsp honey • 1 tsp Dijon mustard • Salt and pepper to taste

Directions

1. In a skillet over medium heat, toast the pumpkin seeds until fragrant, then set aside. 2. In a small jar or bowl, whisk together all dressing ingredients, then set aside. 3. Combine all salad ingredients in a large bowl. Drizzle with dressing until lightly coated, then toss and serve!

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INSIDE THIS ISSUE From the Desk of Jeffery L. Robinette PAGE 1 3 Ways to Survive Your Best Decisions PAGE 1 Jelly Bean Deception PAGE 2 Lowering Holiday Stress PAGE 3 Take a Break PAGE 3 Easy Cranberry-Apple Salad PAGE 3 Dog Dials 911 to Save His Owner PAGE 4

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How One Dog Saved His Owner

BY DIALING 911

Stalnaker valued his independence and wanted to find a way to lead as normal a life as possible. Joe adopted Buddy from a Michigan-based organization called Paws With a Cause when the pup was just 8 weeks old. Paws with a Cause trains assistance dogs, and after adopting him, Joe trained Buddy to dial 911 until an operator was on the line in the event that he had a seizure. A year and a half later, that training saved Joe’s life. One day, Joe began seizing when he was home alone with Buddy. Buddy rushed to the phone and dialed 911, whimpering to the dispatcher. Even if they don’t hear anyone on the line, dispatchers are required to send police. When police arrived at Joe’s home, they found him and Buddy, who was barking loudly. They took Joe to the nearby hospital, where in a few days, he made a full recovery. Some might say that Buddy was just following his training, but this heroic act goes far beyond just sitting and rolling over for treats. Even the veteran dispatchers hadn’t heard of a dog dialing 911 before. Buddy knew it was his mission to keep his owner safe, and thankfully, he knew exactly what to do under pressure — because that’s what heroes do.

Dogs can be trained to obey a lot of commands: sit, stay, roll over, play dead. But how about “dial 911”? Well, that would probably be a foreign command for most dogs. Luckily, it wasn’t for Buddy, an 18-month-old German shepherd who remembered his training and saved his owner’s life. Joe Stalnaker of Scottsdale, Arizona, sustained a head injury during a military training exercise 10 years prior to the incident. Because of that injury, he suffered from seizures. Normally, a condition like that would make it unwise for him to live alone, but

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