Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

We all know the famous saying, “Have a Coke and a Smile.” Coca-Cola is an iconic brand that is loved by many generations. This week, Coca-Cola announced that they will be rolling out a new line of Diet Coke flavors in 2018. Four new Diet Coke flavors will be joining the family. The flavors are Ginger Lime, Twisted Mango, Feisty Cherry and Zesty Blood Orange. The look of the bright and friendly new packaging can be seen on Coca-Cola’s website. Coca-Cola shares that the new flavors “bring more variety to the trademark by complementing the unique, crisp taste of Diet Coke with unexpected-yet-delicious tastes.”

I’m sure most people have attended or hosted a Super Bowl party. Well, football is not really my thing, so my Super Bowl is the Grammys. Every year, my friends and I have a Grammy party. We get together and discuss all the hits and misses of the night and sing along with all our favorite performers. Our favorite part is anticipating who will win the highest honor of “Album of the Year.” The whole awards show is just a build up to the unveiling of the winner. In past years, I would get upset when an album of an artist I never heard of was nominated and then win over the artist who was the obvious choice. But this year I know all the artists nominated for this coveted award. Of course, I have my favorite, but I think it’s a tight race and anyone could take home the award. Aside from all the glitz and glamour of the show, I’m looking forward to all the statements that may be made. The start of awards season kicked off with the Golden Globes. This award show made a firm stance on how they felt about recent events in Hollywood. I found it beautiful how everyone was wearing all black to show solidarity with sexual assault victims. I’m interested to see the Grammy’s take on these events. With a lot of the artists in attendance also participating in the acting world, will they too feel the need to speak out? I look forward to finding the answer to this question.

Parents with young daughters like me have most likely been dragged into Justice, a popular retail store for girls and teens selling bright colored clothing, flavor-of-the-month trinkets and stuffed animals, costume jewelry and make-up. But a recent investigation by an ABC News affiliate reveals that all that glitters at Justice is far from gold. Scientific testing undertaken as part of the ABC investigation alarmingly demonstrated that Justice’s “Just Shine Shimmer Powder” make-up contains four heavy metals, including lead, in the makeup that can be toxic to humans in sufficient doses. However, perhaps the most troubling finding was that the "Just Shine Shimmer Powder" also contains significant quantities of asbestos! Lead researcher Sean Fitzgerald commented, "I would treat like a deadly poison, because it is." Indeed, asbestos is known to cause certain types of terminal cancers in all humans and is dangerous for anyone to consume. Asbestos-caused diseases can take decades to develop and once the fibers get into the lungs or body, they remain permanently, altering the cellular make-up of the human body. There is no recognized safe exposure level. As Fitzgerald correctly recognized, "n this powder designed for children, they could die an untimely death in their thirties or forties because of the exposure to asbestos in this product." Asbestos contamination of cosmetic products has been a long-running concern in this country, because these products typically contain talc. Because talc is dug from the ground, it can keep some very hazardous company - namely asbestos, which is often intermingled with talc. The U.S. Food and Drug Administration has long been concerned about asbestos contamination of cosmetic talc, but has allowed the manufacturing industry to self-police potential asbestos contamination. This decision has proven problematic since the U.S. imports large volumes of talc from countries, like China and Pakistan - two of the biggest suppliers, with notoriously lax safety regulation. As with most other imports, no government agency keeps track of who buys the talc, or how it is used. And these are precisely the circumstances that have likely resulted in an untold number of young girls being exposed to possible asbestos contamination from the Just Shine Shimmer Powder. Justice targets that age group where girls start to experiment with make-up, and in my experience, that is a stage where girls tend to overapply and use a lot of make-up because it’s fun to apply and play grown up. Arguably this demographic is among the greatest at risk for asbestos exposure from cosmetics.  For Justice to allow this product to be sold in its stores, apparently, without taking any steps to determine that it was safe for the young girls to whom it was marketed is deplorable.  Justice has since pulled the product from its shelves, but it remains to be seen just how many people were unwittingly exposed. If you have this product in your home, please contain and dispose of it, and please help spread the word to other parents and children in your networks.

Are you a dreamer? Do you strive to reach your dreams?  Many people have dreams, but they never pursue them. Do they just give up? I have always been a dreamer, I admit it.  I dream of wonderful things for me and my family, but I would never just give up on a dream. One of the best quotes I have ever heard is from author Napoleon Hill - “Success requires no apologies and failure permits no alibis.” The basic rationale of the quote is that in the pursuit of a dream, we are often met with many forms of resistance and some come through others encouraging our own self-doubt.  There are some reasons that seem to make it easy to just abandon your dreams. A true failure isn't making a mistake or not getting results you wanted, it’s not even trying – it’s giving up, just quitting. What if you plowed forward despite the self-doubt and lack of encouragement of others?   What if you pushed beyond the limits of what you closest circle of family and friends believed?  What if…just what if you succeeded and realized your dreams? No matter your background or social circle, everyone can fulfill their dreams and make their own choices.  Dreams may come easier to some rather than others.  Some dreams may change.  Some dreams may end up not being what you thought in the first place, but how do you know unless you try? I particularly think of these inspirational quotes because summer soon will end and our children go back to school.  It is up to us as the adults, the mentors, the examples to all children whether it be to our own, our neighbors, relatives or complete strangers, to encourage those children to dream and dream big and to find an alternate path if the road they are walking is closed, to never quit and certainly never give up. Demonstrate encouragement to those around you.  And find the silver lining when the odds may not be in your favor.  Dream it, strive for it and then live it. After all, if we all just give up on dreams, successes would never be met. We would just numbly walk through life day after day without anything to look forward to.  A dream can be a trip.  A dream can be an invention.  A dream can be anything you want and as Mr. Hill says, “DREAMS ARE THE SEEDLINGS OF REALITY.”

The other day, I was going through a drawer looking for something when I came across a birthday card I received a few years ago. The Hallmark card, of course, was beautifully designed with pink roses on the front, but the verse it contained didn’t convey a sappy message as cards sometimes do, but rather some advice entitled A Little Guide to Life. The words made a lot of sense, so I thought I would share. “Be good to yourself. There are things everyone deserves – love, respect, time to recharge. Never settle for less. Seek out your dreams. Start small. Take it as it comes. Even a butterfly has to inch along before getting its wings. Listen to your heart. Trust your gut. If the way seems unclear, look within you. Let your voice be heard. You have a story to tell and opinions that count. And a difference to make. Stay curious. Wonder. Take every opportunity to learn. Knowledge is a gift. It will take you places. Hold on to what’s important. Let worries go. No matter how you look at it, some things just don’t make sense. The way you choose to carry on is what really matters. And when you make that list of what you want in life, make another list of what you’ve got. Be sure to start with all the things that make you a beautiful person.” We sometimes get caught up in the hustle and bustle of day-to-day life and forget the points made in the verse. The card was a nice reminder. I think I will put it back in the drawer, so when I run across it again in the future, the words will prompt further reflection like they did a few days ago.

Several years back, as a part of new landscaping, a butterfly bush was planted on the corner of my garage. After only one summer and much to my disappointment, it died. I so enjoyed the pretty purple fragrant flowers it donned and, of course, the beautiful butterflies it attracted. Once we were sure there weren’t going to be new blooms, my husband uprooted it, mulched the remainder and discarded it. The following summer and every summer since then, I have had more butterfly bushes than I can count. It’s no longer about getting one to live, but selecting the ones to keep. (They were everywhere, even in some of the most inconvenient places.) Opting to leave a number of the bushes around the deck has been so enjoyable. At any point during the day, there are several beautiful butterflies sipping nectar. And if you stand still long enough, some of the butterflies will take a rest on an arm or shoulder. I didn’t expect to get so much enjoyment from what I initially considered landscaping. It is more like Mother Nature in one of her finest forms…so beautiful and serene. For those interested in adding some color and fragrance to your yard with a butterfly bush, garden.org recommends the following: select a site with full sun and moist, well-drained soil; plant in spring or fall; space plants 5 to 10 feet apart, depending on the variety; prepare the garden bed by using a garden fork or tiller to loosen the soil to a depth of 12 to 15 inches, then mix in a 2- to 4-inch layer of compost; dig a hole twice the diameter of the pot the plant is in; carefully remove the plant from its container and place it in the hole so the top of the rootball is level with the soil surface; carefully fill in around the rootball and firm the soil gently; and water thoroughly. With regard to ongoing care, the website recommends applying a thin layer of compost each spring, followed by a 2- to 4-inch layer of mulch to retain moisture and control weeds. Water plants during the summer if rainfall is less than one inch per week. Flowers are produced on new wood, so prune back old growth almost to the ground early each spring before any new growth emerges. I mentioned above that the blooms on the butterfly bush in my yard are purple, but garden.org notes flower colors can include blue, pink, red, violet, yellow and white. Butterfly bushes grow well in shrub or perennial borders, and the fragrant flowers can be used for cutting. Enjoy!

I am not one of those people who can bound out of bed, grab a shower and head out the door. I have to ease into things. My day has always started with a cup of coffee and the news. Sometimes I would surf Facebook and then I discovered Netflix. I knew what it was. I’d heard people talk about it, but I really didn’t know exactly how it worked until I started a fitness program that required nearly an hour of my day on an exercise bike in my basement. The time spent pedaling away staring at a cement block wall went so slowly. Music from iTunes just wasn’t cutting it. I thought I’d give Netflix a try, so I downloaded the app onto my phone and now I am hooked. (Netflix can also be viewed on a tablet, computer and television. My phone just worked best for me.) I was amazed at the number and types of shows and movies available. I seem to lean towards TV series and I immediately loved Grey’s Anatomy. Talk about a binge watch! (I still can’t believe McDreamy was written out of the show. He and Meredith had such great chemistry!) I’ve also enjoyed Army Wives, Heart of Dixie, How to Get Away with Murder, the Good Witch and, most recently, Gilmore Girls. Netflix has certainly eased the “pain” of cardio and I find myself logging on even when I am not exercising, like in the morning with that first cup of joe. Long gone are the days of limited programming and 13 channels that sign off every night. Now you can basically watch what you want, when you want and where you want. How technology has changed the habits of consumers. And a habit it has become. If you haven’t tried Netflix, give it a shot. You won’t be sorry.

I was perusing Facebook a few days ago when I saw a post about a back-to-school sale and I sadly realized that summer is half over! It seems like yesterday we were getting excited about the first nice days after the winter thaw and really, Thanksgiving and Christmas will be on the horizon before you know it. Despite how quickly time goes, do not despair. There is still a lot of summer fun to be had in the month of July. You can get your country groove on at Jamboree In The Hills in Morristown. The four-day event kicks off today with quite the lineup throughout the weekend. Then, July 21-23 Little Italy comes to Downtown Wheeling with the Upper Ohio Valley Italian Heritage Festival. I can’t wait to have a Son’s of Italy sausage sandwich! Mmmmm! That same weekend on July 22, the OVAC Rudy Mumley All-Star football game will be held at the Dave Bruney Football Complex in Martins Ferry. Spend a little time supporting the Ohio Valley’s student athletes. You can conclude the month at Marshall County Fair slated for July 23-29 at the fairgrounds in Moundsville. Food, carnival rides, animals, 4-H projects and more. There’s something for everyone. Of course we can’t forget the entertainment. Trent Tomlinson and David Lee Murphy will take the stage at 7 p.m. and 9 p.m. respectively on July 29. Aside from the organized events in the Valley, I am sure you have your own favorite summer activities whether it be boating with friends, a camp fire under the stars on those cooler nights or a late-summer vacation with family. So before you start thinking about school clothes and supply lists, savor summer just a little longer. Tom Turkey and Santa aren’t ready to make an appearance just yet.

Whether you are moving to a new place temporarily or you are moving for a fresh start or new job, the first few weeks can be daunting. You may find yourself thinking repeatedly that you just want to go home.  I’ll admit it happens to the best of us and I have come to believe that we all go through a series of stages after moving somewhere new. Stage 1: Excitement.  At first, you are so excited for this new experience that nothing can bring you down and each novel thing you encounter you meet with awe because it is new and exciting. Stage 2: Distress.  Suddenly, you think of all the things you have to handle and locate in this new place.  You must find a new grocery store and pharmacy, you have to figure out how to get to and from work and you may have to become accustomed to public transportation.  Lastly, you may not know many people here and so you will need to make new friends and find a support system.  You may want to click your heels together and return to the comfort of home. Stage 3: Determination.  Once you pass this early stress and you begin to get into your groove as you become comfortable with your new routine, you find yourself thinking that you can make this work.  You realize that things are not as bad as they seemed a couple days ago and they are miles better than they were last week.  Slowly, you begin to have a little bit of that excitement returning and you are finally at peace with your new surroundings. Stage 4: Contentment.  Lastly, you reach contentment.  You are happy in this new place.  You have found good restaurants and your favorite shops.  You have made new friends and while at the end of a long day at work you may still feel yourself yearning for home, you begin to realize that home is here.

As a girl growing up, I couldn’t wait to be a wife and a mom. I envisioned driving around town in a Volvo SUV, picking up the kids from practices. Oooh, the idea of grocery shopping, cleaning my home, baking, wow – it would be so nice.  I would grow up to be a June Cleaver extraordinaire. However, since becoming an adult, I’ve changed my mind. Laundry has pushed me over the edge! It doesn’t matter the day. It doesn’t matter the season—in my house it is constant. Wintertime adds extra layers and snow clothes to the mix.  Summertime adds beach towels and bathing suits. Unlike you and I, my kids cannot use something more than once nor can they tolerate wearing a wet bathing suit or damp snow clothes. They must break out an entirely set of clothing which also ends up in the laundry. These kids don’t know clean from dirty. Outside of bathing suits and snow clothes, they can’t make decisions on what to wear and they change their clothes three times a day, so in the end, a mix of clean and dirty all get combined and end up recycled through the laundry mill.  I am the laundry mill. Sure, my family members would gladly do the laundry for me and I’ve weighed that option. However, chances are pretty good we would all be walking around in similar shaded apparel, bubbles would be flooding my basement floor and the appliance repair man would make a mint off me. As a result, I generally take on the bulk of this very important job. Sadly, it doesn’t stop with the kids. I have a husband who wears many hats and with that comes many types of clothing.  He wears business attire for work and is casual for our businesses which generally have him covered in paint and many other oily, dingy kind of things, so there are a number of clothing changes daily for him, too. Quite honestly, my washer and dryer are of little help.  I feed them things and they never give it all back to me.  I mean where do the mates to those socks go?  And have you ever seen how nicely a string from a jersey can get wrapped around other clothes so you find a knotted mess later?  Let’s not forget the stray pen that accidentally makes its way into the laundry and explodes on everything or the gum left in a pocket that melted into the stitching of the fabric. I think every woman has been there or is there with the laundry war, but none of them have ever won. So, I will continue to carry the baskets of dirty clothes down to my basement.  I will continue to sort, remove stains, fold and put away.  I have accepted the responsibility.  However, I no longer aspire to be June Cleaver and live the impossible dream.  I just try to stay that one step ahead and, at the end of the day, I wrap myself in my favorite laundry-fresh smelling blanket and say I did it.  I may not have maneuvered through it as gracefully as June Cleaver, but I did it – for another day I took care of them, the ones I love most.

The very first printing of the Declaration of Independence did not include a list of all the signers. In fact, only two names appeared on the original document:  John Hancock and Charles Thomson (president and secretary of Congress respectively).  The very first printing of the Declaration of Independence, with signatures, including the members of Congress, was done in January 1777, some six months after the July 4, 1776 independence declaration itself.  This printing with signatures was expressly ordered by Congress in these words:  “That an authenticated copy of the DECLARATION OF INDEPENDENCY, with the Names of the MEMBERS OF CONGRESS, subscribing the same, be sent to each of the UNITED STATES.”  The job of printing that copy fell to Mary Katherine Goddard. The printed copy with the signatures was a significant event.  Indeed, at the time, the action itself—an independent break of the colonies from Great Britian—was treason.  Mary Katherine Goddard, who clearly supported the ideals of the new nation, made sure that she was identified on the document.  Hers is the only woman’s name on the printed version of the Declaration of Independence. Mary Katherine Goddard was one of America’s first female publishers.  Previously, she had published under the gender-neutral name, “M.K. Goddard;” however, when offered the job of publishing the Declaration of Independence, she used her full name, along with the original signers’ names.  Although it is true that she did not sign the Declaration of Independence, she certainly  made her proverbial mark on the document by printing her full, obviously female name.  On all copies that she printed that were distributed to the colonies, “Printed by Mary Katherine Goddard” was included at the botton of the copy. A significant player in early America’s free press, Mary Katherine Goddard, as a woman, was not permitted full independence.  She served as Baltimore Postmaster (“Postmistress,” actually) for 14 years.  She was removed from that position when the U.S. Postmaster, Samuel Osgood, decided that he did not believe a woman could handle all of the travel associated with the job because, he maintained, a woman lacks stamina.  Alas, after her capable service of 14 years, she was removed and replace with a man who had no experience.  She appealed that decision to the U.S. Senate and to George Washington himself, but the decision was not reversed. Mary Katherine Goddard died on August 12, 1816, at the age of 78.  She was an early champion of freedom of speech and press and the rights of women, and she most definitely took full ownership of her work.

Summer is a time when people seem to get the urge to get into shape. Maybe it is to feel better about how you look without the layers of clothing associated with winter or to be proud in your bathing suit during that rare vacation time from work. Whatever your reasoning, it can sometimes be difficult to choose what type of workout to start. Burning fat, it turns out, is more complex than simply doing cardio.  You have to understand what types of movement tend to use fat as fuel and which tend to use carbs.  The big picture is this - muscle burns fat.  This means that the more muscle you have the more fat you will burn.  This is good because it means you don’t have to spend your evening running miles upon miles in the humid air and you don’t have to plant yourself on that stair stepper for hours on end.  Instead, combine resistance training with your cardio. Resistance training can mean anything from lifting weights to yoga.  Many may choose to do bodyweight exercises that do not require a gym or equipment such as air squats and lunges or pushups and planks.  Exercise routines like these can be found online or on Pinterest and you can find quick routines that activated your muscles and help your muscles to become more toned.  If you combine this with some short cardio or interval workouts a couple days a week you will get yourself looking better than ever! Something important to remember when trying to lose fat is your diet as well.  This does not mean you should cut out all your favorite foods or do an extreme diet, but if you are consistent with your workouts and practice moderation with your food you will find yourself with more energy and better mindset!  Good luck and happy summer!