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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 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 […]
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 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 […]