This Week's Video Blog:
Mother's Twin Sister Seeks Visitation Rights
Attorney David Allen considers a case in which an identical twin seeks visitation rights for her niece. Her twin sister died after she gave birth to a daughter. The effort by the aunt to obtain visitation rights was opposed by the little girl's father. The aunt argued that since Minnesota state law allowed courts to grant visitation rights to grandparents, it was logical the law should extend visitation rights to a twin sister. The father argued the statute should be literally construed. The case was finally resolved by the Minnesota Supreme Court.
- Air Date: 5-15-2012
© David Allen & Associates 2012 |
A Cell Phone Number and the Fourth Amendment
Attorney David Allen takes a look at the fourth amendment to the United States Constitution and the way it can apply to cell phones. The case he discusses is one in which a man was accused of drug dealing. The police momentarily took his cell phone to get its number. When going to trial the defendant argued the evidence the police got as result of getting his phone number should be excluded. He argued the police needed a search warrant. The case was appealed to US Court of Appeals, Seventh Circuit. - Air Date: 5-9-2012
Kids Argue Prescription Drugs Responsible for Father Killing Mom
A man kills his wife in a violent outburst after he takes a cocktail of various prescription drugs. His children sue the nurse who prescribed the drugs. The nurse argues she is without fault. She would only be at fault if something happened to the man who took the drugs. He was her patient and she argues she was without liability for anything he did to others. The children argued the nurse possessed a duty to all people who might be harmed as result of the prescription drugs. Attorney David Allen looks at the decision made by the Utah Supreme Court. - Air Date: 5-2-2012
Before You Can Sue, What Do You Need?
Attorney David Allen explores a case in which the medical records of 365,000 patients were stolen from a hospital employee. The patients sued the hospital contending they were subjected to the possibility of identity theft and other compromises in their personal privacy. The hospital responded by saying it erred, but the patients never suffered any damage or injury. The case went all the way to the Oregon Supreme Court before there was a final decision. - Air Date: 4-25-2012
Felonies and the IRS Code
Attorney David Allen discusses the ramifications of violating the IRS code. The case he explores involves a husband and wife who filed false information on a corporate tax return. When the IRS prosecuted them, they plead guilty. The federal government then brought a action to deport them because they were convicted of an "aggravated felony". The question that the courts needed to resolve was whether false statements on a tax form amounted to an "aggravated felony". The case was finally resolved by the United States Supreme Court. - Air Date: 4-18-2012
What Happens to a Lawyer Who Lies on a Form Filed with the Court
Attorney David Allen examines a case in which a lawyer failed to disclose information necessary for a bankruptcy filing. At the request of a client he omitted information , essentially lying on the form. The New Hampshire professional conduct committee became aware of the misconduct. - Air Date: 4-11-2012
Offering an Excuse for Breaking the Law
Many people will contend they were ignorant of a particular law and should not be prosecuted. This does not work. What happens to someone who knows the law and interprets it in their own way? Attorney David Allen examines a case where Tommy Hilfiger interpreted federal law one way and a judge interpreted it another way. - Air Date: 4-04-2012
Ban on Texting While Driving
Ban on Texting While Driving
Attorney David Allen discusses the question of what happens if you are involved in an accident while texting. Thirty five states, D.C., and Guam ban texting while driving for all drivers. Another 7 states (Alabama, Mississippi, Missouri, New Mexico, Oklahoma, Texas, and West Virginia) ban texting for novice drivers. Mississippi, Oklahoma, and Texas ban the practice by school bus drivers. Air Date: 3-28-2012
Government Responsibility for Harm It Causes
Attorney David Allen discusses when government is responsible for the harm it causes. He examines a case in which a man suffers food poisoning after eating in a government cafeteria. The man sued the government. The federal government claimed it was immune from suit. It argued the way it chose to clean up the kitchen was discretionary. Under the law government cannot be sued for actions which are discretionary -- those things it can decide whether or not it wants to do. The man argued the government cafeteria had regulations regarding hygiene. Since the government imposed regulations, it possessed a mandatory duty to enforce the regulations. Mandatory duties are duties which government must perform. Government is responsible when it fails to perform mandatory duties. At trial the case was decided one way. On appeal it was decided differently. - Air Date: 03-21-2012
Responsibility Of Convenience Store for Shooting Death of Customer
A shooting at convenience store gas pumps produces a homicide. Attorney David Allen discusses this Mississippi case where the wife of the victim sued the convenience store arguing it failed to provide sufficient security. The convenience store argued it was unforeseeable the shooting would take place. - Air Date: 3-14-2012
Equal Protection and Gender Change
When someone goes through a sex change the transformation can impact co- employees. David Allen explores a case in which the State of Georgia fired a man going through a sex change. The man contended he was being denied equal protection of law. The court needed to consider whether or not equal protection extended to someone as neither male nor female. - Air Date: 3-07-2012
Medicare Seeks Full Reimbursement from Someone Who Was Only Partially Reimb
Attorney David Allen reviews a case in which Medicare paid medical bills for a man injured when struck by a truck. The medical bills consisted of the majority of money collected from the responsible party. Medicare claimed the amount it paid needed to be repaid in full. The man argued since he only received partial value for his injuries, Medicare should only receive partial reimbursement. The case was appealed to the US Court of Appeals for the Sixth Circuit before it was finally resolved. - Air Date: 2-29-2012
Estate Planning and the Impact of Changes in the Law
Attorney David Allen comments on a case involving an elderly woman who did her estate planning before the Alaskan Legislature changed the law. Before the law was changed the woman would have qualified for Medicaid. After the change she was denied Medicaid. She argued the law could not be applied retroactively. Doing so deprived her of a right she possessed before the law was passed. - Air Date: 2-22-2012
Can You Eavesdrop on Your Own Conversations
Attorney David Allen explains how privacy is dealt with differently by the laws of different states. He explains a case in which a consumer finance company was secretly recording phone calls with its customers. The customers sued contending a state law against "eavesdropping" made the recordings legal. The company argued it could not "eavesdrop" on its own conversations . In order for there to be "eavesdropping " a third person needed to listen in on the conversations. - Air Date: 2-14-2012
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