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May 23, 2019

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 – […]
May 23, 2019

Tiger Woods Wrongful Death Lawsuit

Tiger Woods was just sued for wrongful death by the parents of man who tragically died from driving drunk.  How is that possible? The lawsuit names Tiger Woods personally, Tiger’s restaurant “The Woods” where the man had been drinking and Tiger’s girlfriend, Erica Herman, who was also the manager of the restaurant. The allegations in the lawsuit are that the restaurant “over-served a young man alcohol who they knew was suffering from the disease of alcoholism” and then sent him out to his car to drive home.  Even though Tiger and his girlfriend weren’t even at the restaurant when this […]
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 […]
April 8, 2019
hands holding a smartphone and recording

Can I Legally Record Phone Calls?

There is someone you hate, despise and you want to get them.  First off let me tell you, stop, let it go.  Second, if you can’t let it go, continue reading to find out how you can record their evil words and use it against them. Is it Legal to Record a Phone Call in My State? So, you have the phone recording app open on your phone and are ready to get your enemy saying incriminating things.  The good news is that if you are in most states, you can LEGALLY record phone calls and use the recording against […]
April 2, 2019
one star bad review

Can You Be Sued For Your Negative Online Reviews?

You just came back from the worst restaurant ever.  You jump on Yelp and are determined to write a review to save other people’s stomachs from the “food” you were just served.  But wait, don’t hit the post button yet! Can Posting A Review Online Get You in Trouble?  Meaning, can you be sued for writing a bad review? Your first reaction might be “The First Amendment – free speech – protects me.”  Sorry, no, the First Amendment protections here. The First Amendment protects us only from government restrictions on what we can say – but not from lawsuits by […]
April 2, 2019
jury returns verdict for our client

Jury Returns Verdict for Our Client!

After a 6 day trial, the jury returned a verdict FOUR TIMES the amount offered to our car accident client at mediation. Our client was rear ended by a driver when the driver took his eye off the road to look at his phone. Our Client refused to settle and after 4 years of intense litigation his case was heard by a jury in the Orange County Circuit Court. Our presentation of evidence and arguments resulted in the verdict in favor of our client. When a reasonable settlement offer is not made, we are prepared to proceed to trial and […]
March 20, 2019
happy birthday cake

Can You Be Sued For Singing The Happy Birthday Song?

Your legal brief for today: Can you be sued for singing the “Happy Birthday” song? Imagine on Christmas Eve, your son sings the cutest rendition of “Santa Clause is Coming to Town.” You capture it on video and post it on YouTube. One hundred thousand viral views later, you get sued by the company that owns the rights to the song. Is that possible? It actually is if the song is copyrighted. Generally, copyright protection lasts for 96 years and going back 96 years brings us to the year 1923. So any song written before 1923 is in the public […]