Bringing You Weekly News On Legal Topics Affecting Your Life
September 27, 2016



Postnuptial Agreement Prevents Divorce, Yet Husband Seeks Divorce

Search Warrants, Blood Tests, and Breath Tests

The Legal Consequence of Pinging Cell Phone Towers

Law Professor Argues Handing Out Ice Cream Cones Unconstitutional

Insurance Company Argues Damage Occurred Before It Happened

The Consequences of Practicing Law Without a License

How a Company Lost a Copyright on "Happy Birthday to You"

When Is Residency Established?

Messy Tenant Argues No Intent to Cause Damage

Four Year Old Shot and Killed by His Playmate

The Obligation of a Divorced Copule for a Child's College Education

Insurance Comapny Says Policy Invaild Due to New Driver Not Disclosed

Insurance Company Says Policy Invalid Due to New Drver Not Disclosed

Legalization of Prostitution in the United States

Marvel and DC Comics Conted They Own the Term "Superheros"

Trump and Sanders

Long Term DIsability 101

Ex-Husband Says Alimony Ends When Ex Lives with Same Sex Partner

Court Addresses Custody Rights for Illegitimate Child

Right to Protest and Demonstrate

"Pizza" Exclusion in an Auto Liability Policy

North Carolina Attorney General Refuses to Defend Bathroom Law

Man Arrested for Writing Vulgarities on Traffic Ticket

Wrongful Imprisonment, What Is It Worth?

Convicted Rapist Asserts Spousal Privilege to Protect His Tears

Frivolous Lawsuits and Fines

Payday Loan Enforceability

33 Years for First Time DUI Offender

Mistaken Mistrial Could Release Accused Murderer

Sales Agreements Disputes Decided by a Religious Court?

Juror Fined $1000 for Posting on Facebook

Same-Sex Couple Lose Custody of Foster Child

Blind Date Results in Arrest

Ex-Husband Sues Wife's Attorneys for Excessive Lawyering

Emoticons As Legal Communication

Posting Music to You Tube

Selection of the Jury - How It Takes Place

What Can Happen When You Waste the Court's Time?

Man Saws Neighbors Garage in Half

Same Sex Child Custody

The Roman Catholic Church and Annulments

Birth in United States and U.S. Citizenship

Drone Update

Can You Receive Benefits After You've Been Terminated from Employment?

$600 Fine for Homeowner Who Refuses to Cut Grass

Did Man Work Himself to Death?

Social Security Benefits

Judge Bans Woman from Walmart

Regulation of Drone Airspace

Family Brings Fourth Amendment Claim for Death of Dog

Lots of Social Security Disability Claims - Why?

Government Taking of Personal Property

How to Find a Good Lawyer

Unusual Punishments and the Eighth Amendment

Hotel Registries and the Fourth Amendment

Worker's Comp: Identical Injuries - Vastly Different Payments

Hiker Receives Bill for Rescue

Man Attempts to Prove He Is a US Citizen

Sandy Hook, The Whole Disbaility Story

270 Pound Woman Brings Claim for Sex Discrimination

A DUI and a Suspended Sentence

Legality of Driverless Cars

Sex on the Beach

Arrest of ISIS Volunteers

Same-Sex Marriages More Than Just About Marriage

Painter Brings Work Comp Claim Against Homowners

Getting an Adult Child Out of the House

Court Considers Whether Homosexuality Can Be "Cured"

Routine Traffic Stop Results in Drug Charges

Barking Dog Produces Lawsuit

The Ability to Smoke in Your Own Home

Wife Argues Prenuptial Agreement Unenforeceable

Man Sues American Legion for Bar Fight Injuries

Losing Party Faces Big Bill from Winning Party

Man Sues Dating Website for Misrepresentation

Wall Piercing Radar Raises Fourth Amendment Protection Issues

Does School Matter Deciding Child Custody

Can You Wear Anything on Your Head When Taking a Photo ID?

Parent Banned from School Board Meetings

Personal Injury Claims in Small Claims Court

Emotional Blackmail and Facebook

Employer's Liability for Drunk Employee

Consent in Civil and Criminal Cases

Revealing Murders, Suicides and Ghosts When Selling a House

Finding a Lawyer for $100 Case

A Fight - When to Stand Your Ground or Leave

Airlines and Alcohol - What You Can Take

Felony vs. Misdemeanor DUI

Custody of Pets in Divorce

Same-Sex Divorce Can Be Difficult

Renewable Marriage Contract

Alabama Bars Foreign Law and Inadvertently Invites Litigation

Head Scarves: Is She or It Isn't She?

California's Effort to Stop Workplace Bullying

Are Household Chores a Form of Slavery?

FedEx: Are there Employees?

Constitutionality of Same-Sex Marriage Bans

Best Buy Finds Child Pornography on Customer's Computer

Treasure and Taxes

Prosecution Seek Photos of Erection

Legal Marijuana is Not Enritely Legal

Fourteen Year Old Girl Ordered to Wear a Sign "I Am a Juvenile Criminal"

'COPSLIE' License Plate Requested

Sheriff's Deputy Stops a Vehicle Becasue of its Color

Online, What Constitutes a Real Threat

Illinois Lawyer Pretends He is Sick in Order to Avoid Oral Argument

Wisconsin Suprem Court Upholds Domestic Partner Registry

Violent Discussion Produces Assault Suit

Expectant Father Seeks Right to Be Present in the Delivery Room

Daughter's Facebook Post Cost Dad Big Dollars

Potential Juror and Boyfriend Found in Contempt of Court

US Supreme Court Requires Warrant to Search Cell Phones

"Stop! The Islamization of America" Seeks Trademark

Lawyer Behavior

Recognition of Out-of-State Same Sex Marriages

"Sacred Rain Arrow" Causes Lawsuit

Pig Tattoo Results in Terrorist Charge

Legal Ethics and Sex

Flashing Automobile Lights and the First Amendment

Woman Sues Sprint For Release of Sex Photos

Illegality of Recording Private Conversations

Man Sues Clinic for Disclosing Confidential Sexual Information

Craigslist, Sperm Donation, Child Support

Gays, Lesbians, and the Right to Jury Service

Legal Cat Fight - Malicious Prosecution in South Carolina

Suicide and the First Amendment Free-Speech

Man Applies Taser to Wife When She Loses Bet

Postnuptial Agreement Not Recognized

$606 Million Jury Verdict Resolved for $1 Million

Driver Charged with Child Pornography Following Routine Traffic Stop

Travelers Sue Airline for Adult Toy Prank

Appellate Court Considers Unemploymnt Compensation Claim

Representing Yourself in a Criminal Case

Jury Ignores Evidence in Drunk Driving Case

Court Theatrics

Identity Theft Victim Mistakenly Jailed

Missing Password Means Jail

Mother Attempts to Revoke Paternity of Boyfriend

Observations by McDonald's Employee Produces DUI Stop

Natural as Exploration Company Sued for Damage to Land

Defendant Argues Facebook Communication Required New Trial

E-Mails Cost UNIUM Insured $1 Million

Insurance Company Denies Coverage Contending Intentional Act Not Covered

Same-Sex Couple Attempt to Arrange for Joint Parenting Through a Contract

Is Posting a "Like" on Facebook Politically Protected Free Speech?

Taxes and Social Security Disability Payment

Witness Refuses to Testify in Murder Trial

Lawyer Sued for Sending 8,430 Unsolicited Faxes

Constitutional Right to Confront an Accuser

Nursing Home Contends Adult Son is Bound by an Agreement He Never Signed

Person Cut Out of Will Sues Claiming Relationship Poisoned

Early Retirement and Unemployment Compensation

International Child Custody Case Heard by the US Supreme Court

What Really Happens to Large Jury Awards

Prescription Drugs and Driving Under the Influence Charges

A Ticking Clock Challenges Ex-Wife's Rights

Man Sues Employer Contending He Can Arrive at Work Whenever He Wants

Embezzlement of Legal Fees

Headhunting Company Causes Client to Lose Job

Driverless Cars and Liability

Prenuptial Agreement Obtained by Alleges Fraud

Boss Says Employee is Bipolar

School Searches Cell Phone

UPS Driver Argues She Was Discriminated Against Becasue She was Pregnant

California Motorist Argues He Can USe a Smart Phone to get a Map

Man Crashes His Car into Anothr and Claims he is Without Fault

Woman Repeatedly Stabs Her Cargiver

$48 Million Verdict is Appealed

Police Office Stops a Man Who was Engaged in Harmless Activity

Can an Agreement Supersede State Law?

Stirct Rules Governing Bar Examination

Parents Sue ABILIFY When Son Commits Suicide after Taking Drug for Six Months

The Fourth Amendment and the Ability of Police to Examine Records in a Cell Phone

Dog Sitter Sues for Dog Bite

Remote Use of a Computer and Court Jurisdiction

When is a Hazard Open and Obvious?

Purchasers Attempt to Sue Bank for Defects in Motorhome

Does the Fifth Amendment Apply to Tax Preparation Records?

Mom Suffers Broken Arm in Bumper Car and Sues

Man Sues Ex-Wife for Misrepresentation of Paternity

Court Considers Whether Ex-Wife Can Share in Military Disability Benefits

Failure to Provide Miranda Warnings

Are Eyewitnesses Believable?

Suing Royal Caribbean Cruises

Meaning of the Word "Person" Determines Whether the Federal Government Gets Paid

Walmart Fires Michigan Employee for Using Medical Marijuana

Trial Judge Considers Whether the Number of Facebook "Likes" is Important

DNA Evidence Obtained without Search Warrant

Responsibility for Underage Drinking when Parents Leave Town

Can a Judge Exclude a Party to a Lawsuite from the Courtroom?

Court Upholds $225,000 Verdict in Music Piracy Case against a Young Woman

16-Year-Old Argues a 110 Year Prison Sentence Is Cruel and Unusal Punishment

Cigarette Companies Argue Government Cannot Impose Requirements on Cigarette Packages

Widow Attempts to Sue Decdent Husband's Employer Twice

Man Sues for Return of Child Support When He Discovers He Is Not Father

Injured Driver Argues Employer of Sleepy Driver at Fault for Car Crash

Wife Protests When Judge Orders Her to File a Joint Tax Return with Ex-Husband

Liability of Casino for Serving Alcohol

Enforcebility of Non-Compete Agreements

Man Fired for Taking Timm Off from Work Argues the Family Medical Leave Act Applies

Defendant Argues Right to Public Trial Exists During Sentencing

Home Inspection Company Argues It Does Not Need to Discover Defects

Legality of a GPS Device Obtained without a Search Warrant

University Punishes Student for Facebook Postings

Can a Lawyer Use Two Different Names?

Defamation on the Internet and Actual Harm

Enforceability of the Prenuptial Agreement Obtained Five Days before Marriage

Does Denial of Medical Marijuana Violate the Americans with Disability Act?

Police Enter a Hotel without a Search Warrant

US Supreme Court Decides Whether an In Vitro Child is an Heir for Social Security Purposes

Evidence Which is Necessary in Order to Use Text Messages in Trial

Female Worker Attempts to Sue Same-Sex Supervisor for Sexual Harassment

Court Finds a Search Conducted without a Search Warrant was Legal

Genetic Mother Encounters Difficulty Being Declared Natural Mother of Her Child

State Farm Refuses to Make Payment to a Badly Injured Insured

Man Fails to Remove his Ex-Wife's Name from his Pension Benefits

Can Violation of a Safety Rule Prohibit Bringing a Work Comp Claim

17-year-old Dies From Being Shocked by a Taser

Driverless Cars

Mother's Twin Sister Seeks Visitation Rights

A Cell Phone Number and the Fourth Amendment

Kids Argus Prescription Drugs Responsible for Father Killing Mom

Before You Can Sue, What Do You Need?

Felonies and the IRS Code

What Happens to a Lawyer who Lies on a Form Filed with the Court

Offering an Excuse for Breaking the Law

Ban on Texing While Driving

Government Responsibility for Harm It Causes

Responsibility of Convenience Store for Shooting Death of Customer

Equal Protection and Gender Change

Medicare Seeks Full Reimbursement from Someone Who Was Only Partially Reimbursed

Estate Planning and the Impact of Changes in the Law

Can You Eavesdrop on Your Own Conversations

Ability of Voters to Define Marriage

Same Case, Two Different Decisions

US Supreme Court's Decision on Use of a GPS

Homeowners Sue Developer for Decreased Value of Homes

Ordinance Targeting Day Laborers

Employment Arbitration Clause

Text Messages as Evidence in Court


In conjunction with You Tube David Allen and Associates brings you updates on the law and its impact on your life every week. The topics vary. What is taking place in the law determines what you see here. There are different topics every week. The one thing you will always see is a discussion that affects you or someone you know.

Songwriter Contends Sony Stole His Song

Attorney David Allen reports on a case in which Luis Cortes submitted an original song to a contest sponsored by Sony and Ricky Martin. The contest was held in Puerto Rico. Luis did not win the contest. Several months after he submitted his original song, however, Ricky Martin released a song which was very similar. Luis brought claim against Sony contending it stole his song. Sony sought to dismiss the case and David Allen explains why.




David Allen is a practicing attorney with over 30 years of experience. He is admitted to the practice of law in multiple states and is attuned to the way in which the law varies from state to state. He wants everyone to know how the law can work for them. For nine years he hosted Law Talk, a live call-in show originating on KFBK, a 50,000 watt clear channel station which was the first 50,000 watt station west of the Mississippi. It is presently part of Clear Channel. He also provided weekly updates for the ABC Northern California Affiliate, KXTV.

Custom Search

2008 Archive
2009 Archive

2010 Archive
2011 Archive

© David Allen & Associates 2012

Questions or Comments? E-mail!

Follow @davidallenlaw

See us on