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November 10, 2019

Legalese Explained. And How It Might Save President Trump.

Lawyers create in words – we don’t make a “thing” you can touch other than words on a piece of paper.  Legalese is the term used to describe the old-fashioned and technical writing often used by lawyers.  Let me tell you where legalese comes from, when to use it (and not use it) and why it might lead to Donald Trump beating Impeachment. Here is an example of legalese found at the end of a deed: In witness whereof the parties hereunto have set their hands to these presents as a deed on the day month and year hereinbefore mentioned. […]
October 21, 2019

Funny Judicial Opinions

Today we pay tribute to Judges who have gotten a little creative in their opinions. Most Judges – especially appellate Judges – are known to be pretty staid.  You typically think of them as dour old attorneys with little sense of humor. Take for example the Judge in William T. Moore v. the State of Washington. In the Moore case an inmate filed a civil rights violation action against the State.  In fact, the inmate had filed numerous civil rights violation lawsuits against the State and was apparently spending his time in prison drafting strange and unusual lawsuits and motions. […]
October 11, 2019

Why Minority And Female Case Settlement Values Are Lower

https://youtu.be/fU304KHijfU If you are Hispanic, African-American, a woman, your injury or accident case often absolutely settles for less money.  I’m going to tell you why. In America, the problems in the criminal justice system are relatively well documented.  For example, a recent study found that African Americans are incarcerated at over 5 times the rate of White Americans and they receive longer sentences.  These studies are numerous because conviction and incarceration rates are public information and available to the public and researchers. But what about the disparity in Civil lawsuits or personal injury claims?  Search for research papers on civil […]
September 30, 2019

Are You Allowed To Spank Your Kids (Legally)?

When I was a kid back in the 90s, I mean the 80s, ok, I mean the 70s, a spanking was  a thing done both by parents and even at school where I remember the Principal had a paddle with holes in it in order to make it more aerodynamic and faster – to hurt more.  But times have changed and corporal punishment has gone out of style. In fact, many countries – including the ones you’d expect in Europe have banned corporal punishment but also some countries like Mongolia, the Congo, and most of South America have joined in […]
September 17, 2019
man searching on google

Top Most Searched “Is it Legal to” Questions On Google

In today’s blog, I answer the top “Is it legal to” Google searches. Here we go: 1. Is it legal to drive barefoot? If that is so important to you, I have good news. It is legal to drive barefoot in all states. 2. Is it legal to burn money? No. It is not legal to burn money. It is a Federal crime and you can go to jail for ten years. So don’t do it. 3. Is it legal to sleep in my car? No. A lot of cities have been making sleeping in your car illegal to manage […]
September 17, 2019
florida man mugshot

Best Florida Man Headlines in 2019

Oh Florida, the Sunshine State. Beautiful weather, beaches and parks. But we do have to endure …. The Florida Man. What has he been up to in 2019? Here are my favorites: Pasco Man Hits Dad With Pizza After Finding Out His Father Delivered Him At Birth. Florida Man Denies Syringes Found Inside His Rectum Are His. Florida Man Accused Of Robbing Chinese Restaurant At Finger Point. Florida Man Finds World War II Grenade, Tosses It In The Trunk, Brings It To A Taco Bell. Florida Man Who Burned Caged Cat, Fed It To Dogs. Florida Man Dances His Way […]
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 […]