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Challenge to Nebraska Law Prohibiting Picketing at Funerals
Video Uploaded on: 9/20/2017         

Attorney David Allen discusses the opinion of the eighth US Circuit Court of Appeals regarding a Nebraska law which prohibited political demonstrations within 500 feet of a funeral service. The law was largely motivated by the conduct of the Westboro Baptist Church. The church protested military funerals contending the deaths were a result of United States tolerating homosexuality.

Ability to Become a Party in a Child Custody Dispute
Video Uploaded on: 9/12/2017         

Attorney David Allen examines a case in which a number of family members sought custody of a child. Among them was a great uncle and aunt, John and Mary Verner, and the maternal grandmother of the child. Someone who also sought custody was the actual biological father. The various claims were eventually resolved based the procedural question of who possess the right to become involved. It was finally settled by a Missouri appellate court.

Million Dollar Verdict for Smear Campaign - Is It Collectible?
Video Uploaded on: 9/5/2017         

Attorney David Allen provides additional insight in the case where Andrew and Neely Moldovan used social media to shame their wedding photographer. The wedding photographer, Andrea Polito, brought suit for defamation and loss to her business. The jury awarded over $1 million. The question David Allen deals with is whether the money will ever be collected.

Client Sues Law Firm for Misrepresenting the Cost of Legal Services
Video Uploaded on: 8/29/2017         

Attorney David Allen examines the various payment arrangements which can be made with the law firm. The discussion revolves about a case in which Dr. Edward Zaloga hired the law firm of Duane Morris. The law firm estimated the cost to pursue his case through post-trial motions would be about $255,000. The firm billed more than $600,000 before the case ever got to trial.

Man Argues Officer Can Administer Only One DUI Test
Video Uploaded on: 8/22/2017         

Attorney David Allen discusses a case in which Vince Coleman was charged with driving under the influence in Minnesota. He agreed to a breath test. When the test validity failed, a second test was administered. It also failed. The officer then utilized a blood test. Following his conviction Coleman argued the officer erred by changing to a blood test after he started a series of breath test. Only the breath test result should be admitted and the blood test result should be excluded. The case was decided on appeal.

Supreme Court Rules on Access of Sex Offender to Social Media
Video Uploaded on: 8/15/2017         

Attorney David Allen discusses the reasoning behind a Supreme Court ruling in which a convicted sex offender in North Carolina was banned from use of all social media. North Carolina possessed a law which prevented convicted sex offenders from accessing social media. Lester Packingham argued the law was overly broad and thus unconstitutional since it banned him from all social media.

Nurse Claims Workers Comp for Injuries Received Leaving Her Apartment
Video Uploaded on: 8/8/2017         

Attorney David Allen reviews a Worker’s Compensation case in which a nurse suffered injury while leaving her apartment. She was a visiting nurse. Her home was in California and the work she was doing was in Massachusetts. The Worker’s Compensation insurance company argued that she was outside course and scope of employment since she was leaving her apartment on the way to work. At her initial hearing the judge denied workers compensation benefits contending she was not at work. The case was appealed.

Ability of a Court to Alter Plea Bargain
Video Uploaded on: 8/1/2017         

Attorney David Allen explores what can take place in a criminal plea bargain. Christine Delf was charged with one count of forgery involving a $5000 check from an elderly neighbor. She agreed to a plea bargain. When the judge imposed “special conditions” she appealed the sentence to a Missouri appellate court. It dealt with what the judge could do and the options available to a criminal defendant.

Text Messaging Lead to Involuntary Manslaughter
Video Uploaded on: 7/25/2017         

Attorney David Allen explores a case in which a young woman, Michelle Carter, was accused of involuntary manslaughter. A friend, Conrad Roy III, committed suicide. At one point Michelle urged her troubled friend to seek psychiatric care. She changed her position and sent him a text message stating “just do it”. He committed suicide by inhaling carbon monoxide while in his pickup truck. At one point she instructed him to get back into the truck even though she knew he was conflicted as to committing suicide.

Prostitute Sues When She Was Revealed to Family
Video Uploaded on: 7/18/2017         

Attorney David Allen discusses a case in which jurors awarded $1.7 million as reimbursement for embarrassment and upset to a prostitute. He explains the basis for the verdict. He also explains the nature of the cause of action which was used to obtain the reimbursement.

David Allen Legal Tuesday: Fines for Nonconforming Format
Video Uploaded on: 7/11/2017         

A law firm representing Amazon Web Services Inc. filed pleadings in a Manhattan federal District Court. Attorney David Allen explains why the federal District Court fined the law firm over $1000 for using a slightly smaller spacing then “double spacing” on its brief.

New Pastry Business Argue States Regulations a Denial of Due Process
Video Uploaded on: 6/27/2017         

Attorney David Allen examines a a case involving three Wisconsin women who were beginning a business baking pastries at home and selling them to the public. The State required them to obtain a license. The license essentially required the pastries be prepared in a commercial kitchen. The women contended this was a denial of due process since other food prepared in home kitchens, such as jams and canned goods, could be sold to the public without a license.

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