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August 11, 2019
tesla auto pilot crash

Tesla Failed Autopilot System: What Legally Happens Next?

What Happened? Tesla was recently sued by the family of a man who died when the Tesla’s autopilot failed to avoid a truck that ran a red light.  This is an important harbinger of things to come. When a person doesn’t pay attention and rear-ends you from behind, you might sue him for negligence.  You come to me, we make the claim against the other driver – and then the person’s insurance company (if you hired me) pays you a boatload of money. It’s relatively straight-forward. However, what we are beginning to see, and what will become more and more […]
August 5, 2019
dress with price tag still attached

Return Fraud: Is Returning Used Merchandise Illegal?

Can you be arrested for returning a used item of clothing to a store? The short answer is – yes, it is possible.  So, here is the law, and how to stay out of trouble. The practice of buying clothing, wearing it once or twice and returning it to the store is called “wardrobing” and it costs stores almost $10 billion dollars a year.  That’s a lot of blouses. As wardrobing becomes more and more prevalent – especially with more people buying clothes online and with the liberal online return policies – I would expect retailers to keep tabs on […]
July 21, 2019
fuct logo

Is “FUCT” Trademarkable?

The Lanham Act of 1946 created a national system to Trademark names.  All the great brands you know and love are trademarked – McDonalds, Nike, Amazon are all trademarks and no one else can legally use those names. But, what about trademarking the word “FUCT?” Can You Trademark A Cuss Word? “F*ck No” says the Lanham Act – you cannot trademark “Scandalous” or “immoral” names.  That would include, until recently “Fuct.” This has been a relatively hot issue in the intellectual property world recently, as the law works, a number of decisions leading up to the blockbuster decision. A couple years ago a […]
July 9, 2019
misspelled tattoos

Can You Sue For a Bad or Misspelled Tattoo?

On today’s Legal Brief – one of our subscriber’s ask: Can I sue If My Tattoo Artist Misspells My Tattoo? The internet is full of pictures of hilariously misspelled tattoos.  And here we will insert pictures of some of them. Funny Stuff.  Unless you’re the poor guy stuck with “Pubic Enemy Number One” on your arm instead of Public Enemy Number One. So, to sue the tattoo artist you have to prove breach of a duty of care to the tattoo-ee and damages.  A misspelling is pretty bad and is pretty clear-cut breach of a duty of care – unless […]
June 26, 2019
q&a post it notes

Get to Know Attorney Jeremy Hogan: Q&A

Today, I submit to answer some hopefully softball questions about being  a lawyer. “Why did you become a Lawyer?” My Dad was a lawyer but before law school I was teaching and I remember another teacher coming to me and telling me that she was going through a divorce and was afraid of losing her kids asked me to talk to my Dad if he could help her.  I think that was when I really decided to become a lawyer – because lawyers have the ability to help people.  And that’s powerful. “What surprised you about practicing law?” It’s not […]
June 16, 2019
gun on top of marijuana

Can You Legally Own A Gun And Have A Medical Marijuana Card?

I recently had a client who was involved in a bad car accident and had treated extensively with a chiropractor, visited an orthopedic doctor several times and was prescribed certain powerful medications to help him deal with pain relief. Unfortunately, none of those treatments or remedies provided the long-term pain relief he sought and he also became concerned that he would become dependent on the prescription medication. He told me he was interested in getting a medical marijuana card but heard that, if he did so, he would forfeit his right to his concealed weapons license. Marijuana Laws in Florida […]
June 9, 2019
exotic sports cars of all colors parked next to each other

Can You Rent An Exotic Car If You’ve Been In An Accident?

Today on Legal Briefs, for the first time, we answer a Subscriber’s Legal-ish question: Can he rent an exotic sports car if he’s been involved in an accident before? So, you are going on a vacation and want to drive around in style or maybe you want to give a special gift to your husband for a weekend and let him drive around in a Ferrari to the grocery store. That would be a great Father’s Day gift. The short answer to the question is that: You can absolutely rent an exotic car EVEN if you’ve recently been involved in […]
June 2, 2019
hobbs and shaw movie poster

Hobbs & Shaw: Insane Cost of Total Damages from the Trailer

Transcript from video above: Hi, this is attorney Jeremy Hogan and on today’s Legal Brief I have been tasked with: Finding all tort damages in the new Fast & Furious trailer for Hobbs & Shaw I’ll give you a hint, it’s a lot. Without further ado – let’s watch this trailer. I’ve seen this trailer before 2 or 3 times already – it was played before EndGame.  For clarification, The Rock is Hobbs and the British guy is Shaw. Okay, looks like our protaganists are breaking and entering into this building – that will negate any claim of self-defense when […]
May 28, 2019
lonely island im on a boat

I’m On A Boat: What You Should Know About Maritime Laws

On today’s Legal Brief – we are … On a Boat.  It’s the perfect time to tell you about Maritime Law. Each country has twelve miles of territorial waters where their laws apply to any ship in the region.  Within 12 miles of the U.S., you are in America and U.S. laws apply.  Therefore, a baby born on a ship within 12 miles from shore to foreign parents would be an American citizen and also, indeed be … an anchor baby.  What About International Waters and Cruise Ships? While in international waters, more than 12 miles from shore, the laws […]
May 23, 2019
sanity and insanity signs

The Insanity Defense: It’s Crazy!

In 1981 John Hinkley Jr. shot and almost killed President Ronald Reagan and critically wounded Press Secretary James Brady.  Just a few months ago he was released from supervised psychiatric care and is a free man – having spent no time, at all, in prison.  On Today’s Legal Brief – What Is The Insanity Defense? First, if you are insane, please read no further – I don’t want to be a co-conspirator in any of your crimes.  (Bad Joke) For everyone else, the general rule in criminal law is that there must be an intent to commit the crime – […]