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November 10, 2019
cartoon depicting a lawyer objecting

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
3 judges

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
discrimination name tag with judge's gavel and block

Why Minority And Female Case Settlement Values Are Lower

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 lawsuit […]
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 […]