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April 26, 2019
man taking a lie detector test

Are Lie Detector Test Results Admissible In Court?

Wouldn’t our justice system be so much easier if everyone just took a lie detector test in the courtroom and the Judge found you guilty or not guilty based on the results?  Our question today: Are polygraph Results Admissible in Court? Lie detector tests don’t really tell us when you are lying directly.  Instead you are asked questions and the machine measures your biological responses to the questions – such as breathing and heart rate. Did you eat the last piece of pie?  Do I look fat in these jeans?  Where were you on the night of December 31, 1999?  […]
April 25, 2019
assignment of benefits

2019 Assignment of Benefits Reform Changes

The Florida Legislature has passed a complete overhaul of property insurance assignment of benefits law. These are big changes and will drastically affect water restoration companies and other businesses that utilize an assignment of benefits in the home insurance context. The 2019 reforms would seem to have been drafted by the insurance lobby and signed off on by the legislature. Doubtless these reforms will save the insurance industry millions of dollars. What are the major changes for those involved with assignments of benefits? First, the legislation limits assignments of benefits (“AOBs”) for emergency services to $3,000 or 1 percent of […]
April 22, 2019
easter bunny fight in orlando

Easter Bunny Fight: Is The Bunny Going To Jail?

Yesterday, Easter evening, a person dressed in a rabbit costume jumped into a fight on an Orlando sidewalk and started throwing punches.  Only in Florida.  So, is the rascally rabbit guilty of a crime?  So, right away the clip shows a fight in progress.  The key point from the first 5 seconds is that the woman in the black definitely has the upper-hand.  The man is on his back on the ground and the woman has got his hair and hits him at least once before the bunny get involved. Now in the 5-25 second mark is where the bunny […]
April 22, 2019
blocked phone call screen

Annoyed: How To Sue Telemarketers

You are constantly getting telemarketing calls and you are sick of it – it more than just bugs you – you are ready to take action.  I am going to tell you what to do to fight back against telemarketers.  I mean really fight back.  You’re Going to Sue Them This is going to be a little work but it works: First, register your phone number with federal Do Not Call Registry.  It’s www.donotcall.gov and it takes literally five minutes. Second, wait thirty-one days.  That’s the statutory time in which telemarketers have to obtain your phone number and add it […]
April 18, 2019
president trump waving in dismissal

How Would President Trump Be Impeached?

How does the President of the United States get kicked out of office and what will this likely look like with President Trump? The impeachment process is found in the United States Constitution and it is begun by the House of Representatives with a simple majority vote. The impeachment then goes to the Senate for basically a trial on whether the President committed “High crimes and misdemeanors.”  Unfortunately “high crimes and misdemeanors” is not defined by the Constitution (bad job founding fathers, my Constitutional professor would NOT approve) – so no one really knows what it means but it sounds […]
April 18, 2019
finger pushing a sexting button

Can Sexting Get You In Legal Trouble?

Can sexting, that is, texting a nude photo of yourself – get you in trouble with the law? Most of you have heard of Anthony Weiner and the legal trouble he found himself in after sending some nude pics of himself.  With that in mind, and before we talk about the legal issues, ladies, please excuse me while I have a sidebar with all the men out there. Sidebar: Okay listen up guys – no one wants to see nude pictures of you, especially …closeups. No one.  Just don’t do it. Don’t. Okay, now back to the larger issue.  Almost […]
April 14, 2019
mugshot of a parent and a child

Parental Liability: Are Parents Responsible for Their Children’s Actions?

It’s straight out of the movies – your kids are playing baseball in the backyard and “crash” your 12 year old has hit a home run right through your neighbor’s window.  Are you legally responsible for repairing the window?  In the movies, the kids always raise the money and pay for the damage they caused – finding themselves along the way.  But we all know that’s not how the real world works so – we know you are morally responsible for damage caused by your child but (for those somewhat morally challenged) are you legally responsible as well? Our analysis […]
April 12, 2019
kim kardashian in a black pinstripe suit

Kim Kardashian West is Taking the California Bar Exam in 2020

So Ms. Kim Kardashian West wants to follow her father’s footsteps and become lawyer. She announced that she plans to take the California Bar Exam in 2020. California has long had a reputation for having one of the most difficult bar exams in the country. But wait, when did she go to law school? Surprising to most people, there are four (4) states that allow aspiring lawyers to take the bar exam without going to law school. Those states are: California Virginia Vermont Washington The California Bar posted on their Facebook page in response to Ms. Kardashian West’s announcement, “CA […]
April 11, 2019
hand holding a phone with instagram

Can Your Social Media Posts Get You In Trouble?

Let’s discuss the chances your pictures and posts on social media can be used against you in a civil or criminal trial.  Be aware! Like a lot of people, you post a lot on social media.  Get your hair cut?  You are putting it on Instagram so your friends can comment on whether they like it or not.  But what happens if you end up in Court for some reason – can the other side force you to give them your private Facebook photos and messages? Social Media posts and messages are really fertile grounds for discovery in all sorts […]
April 8, 2019
attorney jeremy hogan behind the scenes personal injury trial

Behind the Scenes of a Personal Injury Trial

Today we are going to talk about the things about trials that most people don’t know about – the things you don’t see or hear about on TV.  Secrets and inside looks at what it’s all about. HOW LONG DOES IT TAKE TO GET TO TRIAL? I just finished a 6 day trial in Orlando, Florida at the Orange County Courthouse. It was a trial from a car accident that happened in 2014.  Five years ago! The first thing most people don’t understand is the intense litigation that occurs before you can even get to trial.  Part of this is […]