A package of instant macaroni and cheese doesn’t seem like something to lead to a lawsuit. But, a cup of noodles is now at the heart of a lawsuit filed by a Florida woman.

What led to the lawsuit, and why has her attorney filed over 400 lawsuits about food?

The Mac and Cheese Lawsuit

Amanda Ramirez claims she purchased a package of instant Velveeta Shells & Cheese. According to the packaging, the product should be ready in 3 ½ minutes. When Ramirez cooked the food, she realized it took longer than the advertised time. After stirring in the water and waiting for the cheese to thicken, it took more than 3 ½ minutes for the food to be ready to eat.

Ramirez decided to sue over the discrepancy.

Ramirez partnered with New York-based attorney Spencer Sheehan to file a class action lawsuit against Kraft Heinz Company (which owns the Velveeta brand) for what it believes is false advertising. The lawsuit alleges that Kraft Heinz misleads customers and drives them to purchase the product at a higher price due to the perceived convenience.

According to the lawsuit, “As a result of the false and misleading representations, the Product is sold at a premium price, approximately no less than $10.99 for eight 2.39 oz cups, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions.”

As reported by NPR, the 15-page class action lawsuit seeks over $5 million in damages to cover consumers in Alabama, Georgia, North Carolina, South Carolina, Utah, New Mexico, Alaska, Iowa, Tennessee, and Virginia.

Related: Dealing With the Media During a High-Profile Case: What to Expect

A Pattern of Food-Related Lawsuits

The mac and cheese lawsuit isn’t the first time Sheehan has filed a lawsuit related to false advertising in food products.

According to NPR, Sheehan has filed more than 400 lawsuits related to mislabeling and misrepresenting food products.

Some of Sheehan’s lawsuits include:

• A lawsuit against Frito-Lay for not using enough real lime juice in its “hint of lime” Tostitos.
• A lawsuit against Snack Pack pudding for saying it is “made with real milk” when it is actually made with fat-free skim milk.
• A lawsuit against Pop Tarts for misrepresenting the amount of fruit in strawberry Pop Tarts.
• Roughly 120 lawsuits against food companies that say their products are “vanilla” while including no actual vanilla bean.

Some of Sheehan’s hundreds of cases have been dismissed by judges, but many others have been voluntarily dismissed.

When a case is voluntarily dismissed, the plaintiff terminates the lawsuit. It is typically a result of the two sides coming to an agreement out of court. In those cases, the defendant often pays the plaintiff to end the lawsuit.

In class action lawsuits with many plaintiffs, each plaintiff doesn’t usually take home a significant amount of money if they win or settle a case. But, Sheehan’s cases could be lucrative for him as the plaintiff’s attorney.

According to Bonnie Patten of Truth In Advertising, “The vast majority of consumers will get absolutely nothing, and a very small percentage will get next to nothing. Generally, the plaintiff’s attorney will be taking home between 25 and 33%.”

Related: What’s the Difference Between a Civil and Criminal Case? 

Food Lawsuits Now and Then

Sheehan isn’t the first person to file class action lawsuits related to the false advertising of food products. It has happened recently and decades ago.

Just one month before the mac and cheese lawsuit, Matthew Sinatro and Jessica Prost filed a class action lawsuit against Barilla, a pasta making company. The lawsuit alleges that Barilla engages in false advertising by featuring the slogan “Italy’s #1 Brand of Pasta” on pasta boxes, even though the pasta is not made in Italy. Barilla moved to dismiss the case in August, but the judge denied the request. The case is still currently moving through the legal system.

Lawsuits over misrepresentation in food packaging and advertising go as far back as the early ‘90s.

In 1991, Richard Overton sued Anheuser-Busch for false and misleading advertising. Overton said commercials for Anheuser-Busch beers featured, “scenic tropical settings [and] beautiful women and men engaged in endless and unrestricted merriment.” He said this image turned out to be “untrue.” The beer commercials depicted a fantasy that wasn’t what you got when you consumed the product.

Overton said the misrepresentation caused him emotional distress, mental and physical injury, and over $10,000 in financial losses. The beer case was dismissed.

Related: What to Ask During a Free Consultation with a Lawyer

Get Serious Legal Representation

While some legal cases may seem silly, there is nothing silly about being involved in a legal matter.

If you find yourself facing legal issues, talk to an attorney right away. Find a trusted lawyer who will fight for you to get the best possible outcome, whether you’re facing civil or criminal charges. To get legal advice right away, schedule a call with TJ Grimaldi. All consultations are free. Request your appointment or call 813-226-1023 now.

Football is a dangerous sport, but it’s not often that we hear about a player who got a season-ending injury on the sideline — or that a player is suing after sustaining a mid-game injury. But, that’s what happened with the case of Broncos linebacker Aaron Patrick.

What happened, and why does Patrick think the NFL and other parties need to be held accountable?

What Happened on the Sideline?

On October 17, 2022, Monday Night Football featured the Los Angeles Chargers and the Denver Broncos. The Broncos were the away team, playing the Chargers on their home field at SoFi Stadium in Los Angeles. The game was close and went into overtime.

During a punt return, Aaron Patrick, a 25-year-old linebacker for the Broncos, attempted to make a tackle on punt returner DeAndre Carter. He ran quickly toward Carter and pushed him out of bounds. As the play ended, Patrick’s momentum carried him into the sideline area. He tried to avoid an NFL official, stepped on mats that covered cords and cables, and fell. Video captured the incident.

According to the New York Post, Patrick says his foot got tangled in the mats and cords. It caused Patrick to fall, bend his knee awkwardly, and tear his ACL.

The injury was season-ending and led to Patrick being placed on injury reserve — and filing a civil lawsuit.

Related: Want to Sue for Personal Injury? Take These 4 Steps

Why Did Patrick File a Civil Lawsuit?

Patrick sustained a season-ending injury when he fell on the sideline. Based on his contract, he could lose thousands of dollars because of the injury.

“Patrick has what is called a ‘split contract,’ which means his $825,000 base salary is reduced to under $500,000 if he suffers an injury that prevents him from playing,” according to ESPN.

Patrick’s civil personal injury lawsuit alleges that the injury limited his earning power. According to his contract, he could lose roughly $325,000.

The lawsuit was filed in the Superior Court of California and names the NFL, the Rams, the Chargers, SoFi Stadium, ESPN, and several others, including Kroenke Sports & Entertainment, which owns the Rams and the stadium. It alleges that the defendants were negligent in creating a safe space for players.

Patrick’s agent, Lamont Smith told Tom Pelissero of NFL Media, “I was very disturbed about the way the injury occurred with the carpet being on the sideline like that. His cleat got lodged in the carpet trying to avoid the media person.”

“Player safety should be the foremost of importance to the NFL and its owners. The NFL is a multibillion-dollar sports enterprise and business, and it needs to do everything possible to protect its players from non-contact game injuries,” Patrick’s attorney, William M. Berman said in a statement.

The lawsuit requested unspecified damages, which includes future earning potential and lost bonuses, and requested a jury trial.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

Does Patrick Have a Case?

It isn’t common to see an NFL player sue immediately after an injury sustained during a game. So, does Patrick have a case?

To prove fault in personal injury, Patrick must:

• Prove the accident was caused by another party. Patrick would need to show that the defendants’ negligence directly led to his sideline fall.
• Prove the accident led to injury. Patrick will need to show that his season-ending injury is a direct result of the sideline accident.
• Prove the accident led to damages. Patrick will need to show how he experienced physical, financial, and emotional losses due to the accident.

Details of Patrick’s contract indicate that he could lose roughly $325,000 because the injury led to his season being cut short. The jury will determine if the defendants are responsible for creating an unsafe space that led to Patrick’s injury. They will also decide how much Patrick is due based on physical, financial, and emotional losses caused by the injury.

Related: Personal Injury Compensation: What Can You Fight For?

Find a Personal Injury to Fight for You

If the negligence of another party limits your earning potential, you have a legal right to fight for damages. If you find yourself at a loss due to the negligence of another party, talk to a personal injury attorney right away. Work with a personal injury lawyer who can fight to get what is owed to you.

TJ Grimaldi is an experienced personal injury attorney who will fight for you — and only accept payment if you win your case. See how TJ can help you make a claim to get what is legally owed to you. Request your consultation or call 813-226-1023 today.

After weeks of speculation, it turned out the rumors were true. Tom Brady and Gisele Bündchen were getting a divorce.

Once the couple announced the news, it was over fast. The divorce was filed and finalized. How did the famous couple expedite their divorce and get through the process so quickly?

A Quick Brady-Bündchen History

Tom Brady and Gisele Bündchen have both created fame and wealth in their own right. Brady is hailed as the greatest NFL quarterback of all time, having won seven Super Bowls and earned a net worth of $250 million. Bündchen is one of the highest-paid supermodels in the world with an estimated net worth of $400 million.

The couple married in 2009 and grew their celebrity and wealth during their 13 years of marriage. But in 2022, their romance came to an end.

Related: What Would a Tom Brady / Gisele Bundchen Divorce Look Like?

Bündchen Hired Divorce Attorneys

On October 4, 2022, PEOPLE reported that Bündchen hired divorce lawyers. Bündchen and Brady reportedly had problems after Brady retired and then un-retired from the NFL.

Bündchen took the first step in ending the marriage by meeting with divorce attorneys in Florida.

When a spouse has their first meeting with a divorce attorney, they are either thinking about filing for divorce or they have been served with divorce papers. During the first meeting with a divorce attorney, the spouse begins to make a divorce plan. They review:

• Financial information such as bank statements, credit card statements, account information, tax returns, and loan documents
• Identification for any children involved
• A list of assets and debts
• A timeline of the marriage
• Any prenuptial agreement documentation

From there, the divorce process is usually officially started.

Brady Hired Divorce Attorneys

Just one day after Bündchen hired divorce attorneys, it was reported that Brady did the same. Brady wasn’t served with divorce papers, but he retained his own representation in anticipation of the pending divorce.

If Brady had been served with divorce papers, he would have had 20 days to take the next step. In Florida, after divorce papers are served, you have up to 20 days to file an answer which presents your side of the case.

But, Bündchen didn’t file for divorce on her own or serve Brady with divorce papers. Instead, the couple filed for divorce together.

Related: How to File for Divorce in Florida 

Brady and Bündchen Filed for Divorce Together

On October 28, 2022, Bündchen and Brady filed and finalized a petition for the dissolution of marriage together in Florida.

Because Bündchen and Brady filed for divorce together, neither party needed to be served with divorce papers or file an answer. The divorce was considered “uncontested,” and it didn’t need to go through the court system.

Contested divorces, when parties don’t agree on the terms of the divorce, can lead to meditation and even a trial which can take months or even years to resolve. But, Bündchen and Brady avoided the lengthy divorce legal process.

According to reports, their petition for the dissolution of their marriage noted that the couple had “entered into a marital settlement agreement three days earlier,” which is said to have included a “parenting plan.” By having this agreement, the couple was able to file and finalize their divorce on the same day.

The details of their agreement haven’t been revealed publicly, but it’s been speculated that the couple had a prenuptial agreement that made their divorce easier to finalize. The agreement would have included arrangements for:

• Asset and liability distribution. The couple would have had a plan to break up their assets, property, and debt. They would have broken up their wealth and large properties, such as the three homes they own together.
• Alimony. The couple would have determined whether or not one of them would receive spousal support.
• Child support. The couple shares two minor children (Benjamin Rein, 12, and Vivian, 9) and also co-parent Brady’s son with his ex (John Edward, 15). They would need to determine if one party should provide child support payments to the other.
• Child custody. Additionally, the couple would need to determine the type of child custody agreement and set guidelines for how much parenting time each would get with the children.

Had Bündchen and Brady not had a prenuptial agreement, they could have gone through divorce mediation to create an agreement to speed up their divorce. But, it likely would have taken longer than the process set in motion by having a prenup.

Bündchen and Brady were able to quickly get through the divorce process and finalize it within a few months of deciding to split, likely due to having a detailed prenup they agreed upon before they got married in 2009.

Related: How Long Does It Take to Get a Divorce?

Find a Divorce Attorney in Florida

With the right planning and divorce attorney by your side, you can get through your divorce with less stress on everyone involved. If you need advice about how to best navigate an upcoming split, contact TJ Grimaldi today.

TJ can help you determine the best path for you and your family while ensuring that you get what is owed to you. Schedule your free consultation or call 813-226-1023 today to talk with TJ.

Kim Kardashian has 331 million Instagram followers. Every post she shares results in millions of views, likes, and comments. But, why did one of her posts result in a $1.26 million dollar fine?

The Million Dollar Instagram Post

In June 2021, Kim Kardashian shared a post on her Instagram account. It said, “ARE YOU INTO CRYPTO??? THIS IS NOT FINANCIAL ADVICE BUT SHARING WHAT MY FRIENDS JUST TOLD ME ABOUT THE ETHEREUM MAX TOKEN.”

The post included a link to the EthereumMax website which gave users instructions about how to buy crypto tokens. The post also included a hashtag that said “#ad.” It was a paid promotion.

Kardashian was paid $250,000 by EthereumMax, through an intermediary, to publish the post.

Guidelines for how influencers and celebrities can get paid to endorse products and businesses through their social media accounts are set by the Federal Trade Commission (FTC). The rules say accounts getting paid to promote a product or business through their social media account must disclose that they are being paid.

Kardashian appeared to have followed the disclosure rules set by the FTC. She noted that it was a paid promotion. So, what led to her $1.26 million fine?

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Facing SEC Charges

While Kardashian followed FTC guidelines, she failed to follow guidelines from the U.S. Securities and Exchange Commission (SEC).

On October 3, 2022, the SEC issued a press release and announced it was charging Kardashian “for unlawfully touting crypto security.”

The press release said, “The SEC’s order finds that Kardashian failed to disclose that she was paid $250,000 to publish a post on her Instagram account about EMAX tokens, the crypto asset security being offered by EthereumMax.”

It went on to say, “The SEC’s order finds that Kardashian violated the anti-touting provision of the federal securities laws.”

Kardashian followed FTC rules for sponsored posts, but she failed to follow SEC rules for sponsored posts related to financial investing.

Related: Dealing With the Media During a High-Profile Case: What to Expect

Settling the Case

The SEC press release announcing charges against Kardashian also announced the settling of the case.

Kardashian agreed to pay $1.26 million to settle the SEC charges. The total settlement represents a $1 million fine and the amount Kardashian was paid for the ad ($250,000) plus interest.

According to the SEC press release, “Kardashian fully cooperated with the SEC from the very beginning and she remains willing to do whatever she can to assist the SEC in this matter. She wanted to get this matter behind her to avoid a protracted dispute. The agreement she reached with the SEC allows her to do that so that she can move forward with her many different business pursuits.”

By settling the case, Kardashian likely avoided an intrusive investigation. Fighting the charges could have forced Kardashian to appear for a deposition and provide more thorough documentation. She avoided further investigation by quickly settling the case and agreeing to additional SEC terms.

As part of the settlement, Kardashian agreed to pay $1.26 million, to not promote crypto assets for three years, and to help with the ongoing investigation.

Kardashian agreed to the fine and terms of the settlement, but she did not admit or deny the charges against her.

The SEC appears to be setting a standard with the Kardashian case. The commission has warned other celebrities about similar promotions and has also wanted consumers about the risks of following influencer investment advice.

“This case is a reminder that, when celebrities or influencers endorse investment opportunities, including crypto asset securities, it doesn’t mean that those investment products are right for all investors,” said SEC Chair Gary Gensler. “We encourage investors to consider an investment’s potential risks and opportunities in light of their own financial goals.”

While $1.26 million might seem like a steep fine, Kardashian is estimated to be worth $1.8 billion.

Related: Get Good Legal Representation by Asking This One Question

Get Legal Representation You Can Trust

The legal system is complicated. Make sure you have a trusted attorney by your side if you find yourself in the middle of a legal matter.

If you have questions about a civil or criminal case, schedule time to talk to TJ Grimaldi. TJ is an experienced attorney who can give you expert advice for navigating the legal system and fight to make sure you get the best possible outcome for your case. Get insights about your case. Request your consultation or call 813-226-1023 to schedule a call with TJ today.

On February 14, 2018, 19-year-old Nikolas Cruz walked into Marjory Stoneman Douglas High School in Parkland, Florida and repeatedly fired a gun at students and teachers. His shots injured 17 and killed 17.

Now four years later, a jury will determine what the punishment for his actions will be.

The jury will decide if Cruz will be sentenced to life in prison or death.

A Trial to Determine the Punishment for a Horrific Shooting

There is no question that Cruz is responsible for the shooting at Marjory Stoneman Douglas High School. The evidence is abundant, and Cruz didn’t challenge the charges against him.

Cruz plead guilty to 17 counts of first-degree murder and 17 counts of attempted murder. Because Cruz plead guilty, there was no trial to determine his guilt, but there is now a trial to determine the punishment for his crimes.

The trial will determine if Cruz, now 23, will be sentenced to life in prison or death.

How Does the Sentencing Trial Work?

The trial process began by selecting 12 jurors and two alternatives. It took three months to choose the seven men and five women for the jury, as reported by NBC Miami.

The jury is responsible for listening to the prosecution’s case and reasons for why Cruz should receive the death penalty, as well as listening to the defense’s case for why Cruz’s life should be spared.

For Cruz to get the death penalty, the jury must unanimously vote for the death penalty in at least one of the counts. 

Because 17 people were murdered, there are 17 counts. It will only take one unanimous vote on one of the counts for Cruz to receive the death penalty. But, if just one juror votes against the death penalty in each count, Cruz will receive a life sentence.

Related: Dealing With the Media During a High-Profile Case: What to Expect

The Defense Presents Its Case

The trial started with the defense laying out their arguments for why Cruz’s life should be spared. On August 22, the defense presented opening statements and began calling witnesses.

The defense team brought in 25 witnesses over eleven days. Witnesses ranged from Cruz’s half-sister who testified that she saw her mother using drugs while pregnant with Cruz to Cruz’s former teachers and principal who discussed behavioral issues that Cruz had as a young child.

The defense tried to make the case that Cruz’s troubled history is what left Cruz physically, mentally, and emotionally unstable.

On September 14, with roughly 40 more witnesses on their list, the defense suddenly rested their case — to the surprise of the judge.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Sparks Between the Judge and the Defense

On September 14, Judge Elizabeth Scherer was visibly upset when the defense unexpectedly rested their case just moments before the jury was supposed to walk into the courtroom.

The defense started the day by resting their case without prior notice, which meant prosecutors weren’t ready to present their case and the entire court would need to be dismissed for the day.

Judge Scherer was not pleased with the defense and let them know. She said, “I just want to say this is the most uncalled for, unprofessional way to try the case.”

Melisa McNeill, a member of the defense team, attempted to respond, but she was cut off by Judge Scherer. “You know what, I don’t want to hear it,” Judge Scherer said.

Two days later, the defense filed a motion asking the judge to disqualify herself from the case. The defense argued that Judge Scherer showed animosity toward lead defense attorney Melisa McNeil and that, “Mr. Cruz has a reasonable belief that the rulings of the Court have been influenced by its adverse feelings.”

Judge Scherer denied the motion and will remain on the case.

The Prosecution Begins Their Rebuttal

Now that the defense has rested, prosecutors have started to present evidence rebutting the defense’s case. After a short delay due to Hurricane Ian, the prosecutors are back to challenging the narratives presented by the defense and bringing in their own witnesses.

Once the defense rests, Cruz’s future will be in the hands of the jury.

The jury can choose to sentence him to life in prison or unanimously hand down the death penalty.

Related: What to Ask During a Free Consultation with a Lawyer

Have a Trusted Attorney By Your Side

Court cases can have unexpected challenges, twists, and turns, no matter what side of the courtroom you are on. If you are involved in a legal matter, make sure you have a trusted attorney on your side to guide you through the complicated legal process. If you have a case to discuss, see how TJ Grimaldi can help. Call now or schedule your meeting to see how TJ can be a trusted attorney by your side.

Standing Against Gun Violence

TJ Grimaldi is proud to stand with the victims of gun violence.

TJ is an Executive Director and Board Member of The Oulson Family Foundation which provides funds to help kids get what they need in the wake of being directly or indirectly impacted by gun violence. The organization was created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can also help victims of gun violence.