Foust Law Office - August 2020




Andrew attends the University of Montana Western in Dillon, Montana. After spring break in March, UMWestern closed their dorms and students were required to stay home. Drew, attended his last two classes of the semester remotely, watching lectures via Zoom and taking tests online. Additionally, spring football was canceled. It was not the freshman year he had hoped for. Drew’s return to the Foust house provided an opportunity to see UM Western’s block system firsthand. I was a little dubious about how much work can be accomplished in three weeks, but watching Drew cover voluminous materials made me a believer. They really do cover an entire semester of material in three weeks and are required to show how much they know at the conclusion. I was also impressed with how creative Drew was in building his own gym during the lockdown. The Foust family garage became Drew’s gym with a pullup bar, box for jumping, and free weights he ordered online. Although nothing can make up for spring football at a college football program, I was impressed with his dedication to staying in shape and doing what he could to prepare for football this fall. Let’s hope the number of COVID-19 cases are low and the upcoming football season will not be canceled. I must admit that I cannot imagine how strange the 2020 senior year must have been. While “senioritis” is real, the lockdown took this to a whole new level for Chandler. Right after the lockdown, Chandler and his fellow seniors were informed that their spring semester grades would not impact their overall GPA. Needless to say, a class or two was skipped and everyone seemed happy to get through the last eight weeks of school. Although prom was virtual, social distancing was required, and attendance at graduation was limited, it will be an experience that high school seniors, like Chandler Foust, will never forget.

Raising kids can be a challenging endeavor. When Heather and I were married in 2013, Heather took on a husband and two boys as well: Andrew, who was 12, and Chandler, who was 11. The boys are now 18 and 19 years old. They both face growing up in a very different world than the one Heather and I knew as teenagers — especially with the coronavirus. Every generation has a challenge, and we got one in 2020! This pandemic is historic and unlike anything our nation has seen in over 100 years. Although I suspect our experience dealing with the coronavirus is likely similar to yours, it is sometimes good to see that others have experienced the same struggles and emotions. Some college kids have returned home to avoid the coronavirus, which has led to empty nests filling back up. One of our friends downsized from a five-bedroom home to a two-bedroom, only to see all three of his adult children return home. In our house, Andrew was forced to return from his dorm in Dillon, Montana, to what used to be the exercise room in our home. That meant his classes would be taken via Zoom, and he would need to find a new college routine in the same home he grew up in. For Chandler, it meant a very strange senior year of high school awaited him.

May your family be safe during these trying times and may we see a quick end to this health care crisis.

- Lucas Foust

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ONE SWEET LAWSUIT Did Jelly Belly Misrepresent Its Product?

enhancing athletic performance. Instead, the ingredient was listed as“evaporated cane juice.”

Most of us consider it common knowledge that Jelly Belly’s popular jelly beans, and any other candy, contain sugar. The candy, made by Jelly Belly Candy Company, has been in production for decades, andmany consider it an American confectionery staple. But when the company began offering its famous jelly beans in a new sport-enhancing product line, it left at least one consumer confused. In 2017, Jessica Gomez filed a class-action lawsuit with the Superior Court of California against the Jelly Belly Candy Company. Gomez alleged fraud, negligent representation, and product liability. The suit also alleged that the product violated California’s Consumer Legal Remedies Act, false advertising law, and unfair business practices law. What was the alleged fraud and negligent representation? The suit claimed Jelly Belly purposely excluded the word“sugar” from their Sport Beans products, which are marketed as

This, the plaintiff’s lawyers explained, misled consumers into believing the product did not contain sugar. In the complaint, the plaintiff stated, “In order tomake the product appear evenmore appropriate for athletes and less like a candy, the defendant lists ‘evaporated cane juice’as an ingredient in its product.” However, the product’s Nutrition Facts label states that one serving of Sport Beans contains 19 grams of sugar. In a motion to dismiss, the Jelly Belly company called the claims“nonsense” and said that “no reasonable consumer could have been deceived by Sport Beans’ labeling.” Such clever labeling is common enough that the Food and Drug Administration (FDA) has addressed it. The FDAmakes clear that evaporated cane juice is, in fact, sugar. Its guidelines to foodmanufacturers state that

“sweeteners derived from sugar cane should not be declared on food labels as evaporated cane juice,” though this is merely a suggestion and not a legal requirement.

A Sacramento judge threw out the lawsuit saying it “did not pass legal muster.”


With These Sensory-Rich Activities

Make a pile of pillows and jump into it.

Is this just the way raising young kids is? Does a lack of sleep, change in routine, or intense hunger always have to lead to a meltdown? While it’s human to feel emotions and express them, you can use certain strategies to help your child navigate major emotions and calm down. The key is helping them tap into their central nervous system with activities that engage their senses. Just like adults, younger kids sometimes need support to regulate their emotions, especially in situations that are stressful for them. That’s where activities that engage the five senses can be really beneficial. Sensory activities that utilize the five senses can help your little one connect their body to their immediate surroundings and the larger world around them.

You can see it happening, almost in slow motion: Your child goes from playing and laughing to frowning in less than a second. They start to cry, and suddenly, a meltdown is underway.

Put on some fun music and dance.

Bounce your little one on your lap or an exercise ball.

Take them for a spin around the house in a box or laundry basket; kids can even race each other.

Create a slide by propping a mattress or exercise mat against the couch.

These are activities you can use right where you are to help your child find their calm again, even in a meltdown. According to early childhood development expert Alyssa Blask Campbell, sensory input stays in the system for about two hours, meaning even just five minutes of these types of activities can give you and your child hours of calm throughout the day.

Here are some sensory-rich activities that can help kids feel calmer in stressful times:

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Skip the Student Debt


both parents as reported on the Free Application for Federal Student Aid, better known as FAFSA. A great starting point for parents who are helping their kids look for grants is the Federal Student Aid website: Work-Study Depending on your child’s financial need, their college or university may be able to set them up with a part-time position with an hourly rate on campus. Work-study positions are often community-service oriented and/or matched with the student’s field of study, and the jobs in these programs may be on or off campus. Alternatively, students can also look for other on-campus jobs that aren’t part of a work-study program. Before the school year starts, many schools post job openings for positions like computer lab assistants or event caterers. Private Scholarships There is no shortage of private scholarships. The challenge is finding and applying for them. This can take time, but it’s often worth the effort. If you can’t find any scholarships your child is eligible for online, then try using an app like Scholly. It’s designed to help students and parents find and apply for scholarships without having to search all over the internet. Another great resource is your student’s high school guidance counselor. They often have resources about local and regional scholarships that may be worth looking into.

We all know how expensive college can be. The bills can pile up fast, and in many cases, paying that debt off can take years, if not decades, especially if private loans are involved. That said, if you have kids who are getting ready to graduate high school, then don’t let the cost of higher education scare you away. If you can’t pay out of pocket, you can help your child apply for loans, but if you’re looking to mitigate debt, or eliminate it entirely, here are some other popular options. Grants Grants are similar to scholarships in that they don’t need to be repaid. Many colleges, states, and other organizations award grants based on a number of factors, like academic standing and the income of one or

Take a Break!


Inspired by

You can make these easy freezer breakfast burritos in under an hour! They’re healthy, delicious, and perfect for mornings on the go!


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1/2 tsp pepper 1/2 tsp paprika

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2 tbsp olive oil, divided 1 medium onion, diced 1 bell pepper, diced 16 oz ground chicken

1/2 tsp garlic powder

6 eggs

12 8-inch tortillas

16 oz sausage

12 slices cheddar cheese

1/2 tsp salt


1. In a skillet, heat 1 tbsp olive oil over medium heat. Add onion and bell pepper and sauté. Remove from pan and set aside. 2. In the same pan over medium heat, add chicken, sausage, salt, pepper, paprika, and garlic powder. Cook for 3–4 minutes before stirring to get a brown crust on the bottom. Then, stir and continue cooking until meat is cooked through. 3. In a medium bowl, whisk the eggs together. 4. In another skillet over medium heat, add 1 tbsp olive oil. Pour in eggs and scramble them, cooking until no liquid remains. Set aside. 5. Lay out the tortillas with one slice of cheddar cheese on each. 6. Place an even amount of vegetables, meat, and eggs on every tortilla. Wrap each burrito and enjoy immediately or wrap in foil and freeze for another morning!


406-587-3720 • 3

Foust Law Office

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411 406-587-3720 Fax: 406-879-4400

3390 South 30th Avenue Bozeman, MT 59718

INSIDE THIS ISSUE Kids and the Coronavirus PAGE 1 Why Jelly Belly Was Sued for Misrepresentation PAGE 2 The Best Activities for Helping Kids Cope With Stress PAGE 2 Taking Art Classes From Home PAGE 3 Take a Break PAGE 3 Protein-Packed Breakfast Burritos PAGE 3 The Story of Zen Buddhist Chef Jeong Kwan PAGE 4 SOLUTION

FOOD FOR THOUGHT The Incredible Story of Zen Buddhist Chef Jeong Kwan

documentary series “Chef ’s Table.” She continues, “There is no difference between cooking and pursuing Buddha’s way.” Whether for enlightenment or simply connecting with friends and family, sharing home-cooked meals can be an emotionally restorative experience as much as it is nourishing. This month, indulge in something special and homemade or try your hand at Korean temple cuisine by Googling some of Jeong Kwan’s recipes.

visited Kwan’s monastery and experienced her cooking during a trip to Korea.

One of the world’s greatest chefs can’t be found in a restaurant. Instead, she serves fellow nuns and occasional visitors in a Zen Buddhist monastery in Korea. To fully describe the incredible success of Jeong Kwan, you must first consider a factor that Western cuisine has ignored for millennia. While most people would assume Korean food is all about its famed barbecue, another pillar of the culture goes largely unacknowledged: Korean temple cuisine, which originated in the country’s Buddhist monasteries. A philosophy of Zen Buddhism is to not crave food and satisfy yourself only enough to be prepared for meditation, so you might think that flavor would be of little consequence in a monastery’s kitchen. However, you’d be wrong.

Ripert invited Kwan to NewYork City to prepare food in a private room at Le Bernardin, where she sent global shockwaves through the entire fine cuisine community. NewYork Times writer Jeff Gordinier described her plates as “so elegant, they could’ve slipped into a tasting menu at Benu or Blanca” and her flavors as “assertive,” all while being vegan. More and more critics realized that Kwan’s combination of foraging, fermenting, dehydrating, and cooking by season was not a modern practice. In fact, Zen Buddhist monks like Kwan mastered cooking in this tradition hundreds of years ago. “With food, we can share and communicate our emotions. It’s that mindset of sharing that is really what you’re eating,” Kwan says at the start of her titular episode of Netflix’s

The West’s perception of Korean temple cuisine was challenged shortly after Eric Ripert

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