Video Blog Archive

Ability of Voters to Define Marriage
Attorney David Allen examines the Ninth Circuit Court of Appeals decision regarding the constitutionality of California's Proposition 8 defining marriage. The decision may be on its way to the United States Supreme Court. In this case the nature of equal protection under the Constitution goes head-to-head with the ability of people to pass laws. - Air Date: 2-08-2012

Same Case, Two Different Decisions
Attorney David Allen looks at a case involving a 1993 Lincoln town car. Another vehicle rear ended the Town Car and ruptured its gas tank. A fire engulfed the passengers burning one over 80% of his body, causing his death, and badly burning another over 32% of her body. The jury found Ford at fault and voted in favor of a verdict for $43 million. Ford appealed. On appeal two different appellate courts entered two different decisions. - Air Date: 2-08-2012

US Supreme Court Decision on Use of a GPS
The US Supreme Court’s decision regarding police use of a GPS is discussed by Attorney David Allen. While the Court unanimously agreed the use of the GPS by the police was a violation of the fourth amendment, the Court was evenly divided on why it was a violation. The two different approaches taken by the court are analyzed by David Allen as he shows the importance of the differences to future cases as use of cellphones, websites and new forms of surveillance challenge existing law. -Air Date: 2-01-2012

Homeowners Sue Developer for Decreased Value of Homes
Attorney David Allen reviews a case in which homeowners who saw the value of their homes decline badly sued the developer. They argued the developer drove up sales of houses by providing financing to unqualified buyers. When the economy went south the unqualified buyers defaulted. The homes went into foreclosure. The homeowners remaining in their homes contended the value of their homes decreased more than similar homes because of all foreclosures in the development. The developer argued those were still in their houses did not suffer any loss. They still owned the homes and whether or not they would lose money when they sold them was speculative until the sale actually took place. Air Date: 1-24-2012

Ordinance Targeting Day Laborers
Attorney David Allen discusses an ordinance passed by the city of Redondo Beach, California which targeted day laborers. It barred individuals from standing on a street or highway and soliciting or attempting to solicit employment. The city argued the ordinance was passed in order to deal with traffic control. Those opposed to the ordinance argued that it was a violation of free speech. The case eventually found its way to the US Court of Appeals for the Ninth Circuit. - Air Date: 1-18-12

Employment Arbitration Clause
Attorney David Allen examines a case in which a bartender was drugged and raped while at work. She contended her employer, Princess Cruise Lines, bore some of the fault and sued them. They argued since she was an employee the arbitration clause contained in her employment contract controlled and she could not get a jury trial. She argued the rape was outside activity contemplated by the employment contract and she could sue and get a jury trial. On appeal the 11th Circuit US Court of Appeals decided the issue. - Air Date: 1-12-2012

Text Messages as Evidence in Court
Attorney David Allen examines a case in which a district attorney attempts to introduce text messages as evidence. A man was accused of selling drugs. The police discovered 13 text messages on his sister’s phone implicating her involvement in the drug sales. The judge struggled with the question of whether or not the text messages could be introduced as evidence against her. - Air Date: 1-04-2012

Judgement for Downloading Music
Attorney David Allen comments on a case involving Boston University graduate student, Joel Tenenbaum. A jury found him liable for downloading and distributing 30 songs from the Internet. It voted in favor of a judgment against him for $675,000. The trial judge reduced the judgment to $67,500. The record companies that brought the action against the 25-year-old student appealed the reduction in the verdict. The First Circuit Court of Appeals ruled on the judge's action. -Air Date: 12-27-11

Nebraska Supreme Court Uses Old Doctrine of Law To Decide A Same Sex Custod
Attorney David Allen reviews a case in which a partner of a same-sex couple seeks custody and visitation of a child born to the couple. The couple lived in Nebraska. Nebraska fails to recognize same-sex marriage. The woman seeking custody and visitation argued she was for all intents and purposes the "parent " of the child since she treated the child like her own. Her prior partner argued that she was neither a natural parent nor adoptive parent. She was without any parental rights. The Nebraska Supreme Court eventually settled the case using an old doctrine of law unknown to many people. - Air Date: 12-20-2011

Texas Approach to DUIs
Attorney David Allen discusses the approach being used by the State of Texas in dealing with DUIs during this holiday season. An approach to blood tests, called "no refusal" by police officers, started out as an unusual procedure used by a couple of Texas counties. Police are now using the approach State wide in an effort to reduce accidents caused by drunk drivers. - Air Date: 12-14-11

Same-Sex Couples Argue Entitlement to State Benefits
Attorney David Allen examines a case in which same-sex couples sued the State of Arizona when the State Legislature did away with health care benefits for same-sex partners of state employees. Arizona voters earlier passed a constitutional amendment which defined marriage as a relationship existing only between a man and woman. The same-sex employees of the State contended the state legislature discriminated against them and they were denied equal protection under the United States Constitution. The State argued discrimination never took place because the same-sex couples were never recognized as being part of a "marital" relationship. The United States Court of Appeals for the Ninth Circuit eventually decided the issue. - Air Date: 12-07-11

Can a Drunk Driver Change His Mind after Refusing to Provide a Breath Test
Attorney David Allen discusses a case in which a driver accused of drunk driving refused to provide a second breath test. In many states a driver who is detained as result of a preliminary breath test is later given the opportunity to provide a urine sample or a second breath test. These states frequently provide suspension of a driver's license for one year if someone refuses to undergo the second test. In this case the driver accused of drunk driving changed his mind immediately after refusing to provide a second test. The police officer administering the test told him it was too late, he could not change his mind, and he would lose his license for a year. The man appealed and the Iowa Supreme Court eventually decided whether someone could change their mind within it few minutes, or whether they were stuck with the first decision they made. - Air Date: 11-30-2011

Woman Sues Blue Shield For Health Insurance Payment
Attorney David Allen explains how a state health parity law can provide health coverage. A woman suffered a long-term mental condition, anorexia. Her doctors said she needed to be committed to a hospital for care. Her health insurance, Blue Shield, said it was not responsible for paying for the treatment since the care was excluded under its policy. The woman sued. She argued the California health parity law required payment for mental treatment. - Air Date: 11-22-2011

Woman Claims She Did Not Owe Mortgage Since She Did Not Get Important Forms
Attorney David Allen discusses a case in which a woman attempts to escape from a mortgage . A woman refinanced her home. She was unhappy with the terms of the mortgage and she attempted to cancel it. Her lender refused. She sued the lender contending it failed to provide sufficient compliance with a federal statute, The Truth in Lending Act. She said the bank never give her copies of important forms. The bank produced the forms with her signature. The court confronted a difficult decision as to what evidence to allow in. - Air Date: 11-15-2011

"Emergency Aid" Exception to Unreasonable Search and Seizure
Attorney David Allen reviews a case in which the police conducted a search without a warrant. An unidentified woman called the police saying she was concerned that a domestic disturbance was taking place. She heard yelling and screaming. She thought a child might be inside the house and could get hurt. The police responded. They came onto the property through the backyard and saw a man tending to marijuana. They found more marijuana plants inside. When charged, the man argued the evidence should be suppressed since the police lacked a warrant. The state Constitution allowed police to enter private property without a warrant to provide "emergency aid". The Oregon Supreme Court decides whether the exception applies in this situation. - Air Date: 11-08-2011