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Couple Sue Police for Dogs Shot during a Raid
Video Uploaded on: 11/14/2017         

Attorney David Allen discusses a case in which a homeless couple, Thomas and Nikita Smith, took over an abandoned property in Detroit. During a raid police shot and killed the dogs living with Thomas and Nikita Smith. They sued the police department for loss of the dogs. The Police Department argued they lacked evidence they owned the dogs because the dogs were never licensed. They argued they were constructive owners of the dogs. The case was decided by a US District Court judge.


Can Everyday Exposure Give Rise to a Work Comp Claim?
Video Uploaded on: 11/7/2017         

Attorney David Allen reviews a Worker’s Compensation case brought by Terry Lankford. He worked as an investigator for the prosecutor’s office in Newton County Missouri. Following exposure to chemicals in a methamphetamine investigation he developed chronic obstructive pulmonary disease. The disease was exacerbated by exposure to pigeon droppings in the area he normally took smoke breaks. He argued the pigeon droppings were responsible for his worsened condition. The workers compensation insurer argued there was no more exposure to the pigeon droppings then he would experience in everyday life and he did not have a Worker’s Compensation claim.


What Is Typical Stress for a Police Officer?
Video Uploaded on: 10/31/2017         

Attorney David Allen describes a Worker’s Compensation claim in which a police officer brought a worker’s compensation claim for stress. The officer confronted and shot a gang member who was threatening motorists with a knife. The officer, Linda Burt-Redding, was later threatened by gang members and the family of the man she shot. When she brought a stress claim the insurance company contended the stress she was subjected to was typical for police work. An appellate court eventually decided the case.


Proximate Cause: Is ADT Responsible for Death Caused by Stolen Gun?
Video Uploaded on: 10/24/2017         

Attorney David Allen reviews a Federal District Court decision in which a mother, Julie Heeter, brought a wrongful death claim for the loss of her son, Bryan Harris. She claimed that an alarm company was at fault. She contended the alarm company allowed a gun to be stolen from her weekend house by a man who knew her son. The gun was later than gun was later used to kill her son. The court decided the case on the basis of proximate cause. This is a somewhat abstract doctrine discussed at length in the well-known Palsgraf case.


Is Depression Following Work Comp Injury Compensable?
Video Uploaded on: 10/17/2017         

Attorney David Allen examines the Worker’s Compensation claim of Lydia Pace. She worked as a waitress, bartender someone assisting in banquets at the Jefferson City Country Club. She suffered neck and shoulder injuries when tables collapsed on her. She later needed to undergo spinal surgery. While the surgery was able to return her to physical good health she underwent a severe attack of depression. The Worker’s Compensation insurance company argued the depression was unrelated to the injury and compensation should not be paid. The case is finally decided by the Missouri Court of Appeals.


Can Anybody Bring Suit?
Video Uploaded on: 10/10/2017         

Attorney David Allen examines the legal doctrine of standing. A donut shop in Rhode Island brought suit to prevent a property owner cross the street from developing his property with various businesses, a car wash, fast food restaurant, a drive through, a gas station. The donut shop felt the development would be detrimental to their business. The shop, however, did not own the property and the developer contended they were without standing to challenge the development. The trial court needed to apply the doctrine of standing in order to determine whether the donut shop could sue.


Does the Fourth Amendment Protect Cell Tower Records
Video Uploaded on: 10/3/2017         

Attorney David Allen reviews a case in which Jay Goldstein was found guilty. He argued the evidence used against him was obtained in violation of the Fourth Amendment. The Fourth Amendment forbids government from engaging in unreasonable searches and seizures. Goldstein argued the cell tower records which allowed government to plot his location when he was using a cell phone were protected by the Fourth Amendment. The government argued there was no expectation of privacy when someone was in public using their cell phone. The Third Circuit US Court of Appeals needed to decide whether an expectation of privacy existed.


Determining Whether a Marriage Ever Took Place
Video Uploaded on: 9/27/2017         

Attorney David Allen discusses the validity of marriage following an incomplete divorce. A couple residing in Missouri at the time they separated were married in Las Vegas after meeting in Texas. They lived in Texas as husband and wife for years. When they separated in Missouri husband discovered his wife was technically still married under Texas law when he married her in Las Vegas. The court needed to sort out which laws applied and whether the couple was ever really married.


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.


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