General Practice Law Blog

Attorney David Allen takes a look at the fourth amendment to the United States Constitution and the way it can apply to cell phones. The case he discusses is one in which a man was accused of drug dealing. The police momentarily took his cell phone to get its number. When going to trial the defendant argued the evidence the police got as result of getting his phone number should be excluded. He argued the police needed a search warrant. The case was appealed to US Court of... Read More

A man kills his wife in a violent outburst after he takes a cocktail of various prescription drugs. His children sue the nurse who prescribed the drugs. The nurse argues she is without fault. She would only be at fault if something happened to the man who took the drugs. He was her patient and she argues she was without liability for anything he did to others. The children argued the nurse possessed a duty to all people who might be harmed as result of the prescription drugs.... Read More

Attorney David Allen explores a case in which the medical records of 365,000 patients were stolen from a hospital employee. The patients sued the hospital contending they were subjected to the possibility of identity theft and other compromises in their personal privacy. The hospital responded by saying it erred, but the patients never suffered any damage or injury. The case went all the way to the Oregon Supreme Court before there was a final decision.  To view David... Read More

Attorney David Allen discusses the ramifications of violating the IRS code. The case he explores involves a husband and wife who filed false information on a corporate tax return. When the IRS prosecuted them, they plead guilty. The federal government then brought a action to deport them because they were convicted of an "aggravated felony". The question that the courts needed to resolve was whether false statements on a tax form amounted to an "aggravated... Read More

Attorney David Allen examines a case in which a lawyer failed to disclose information necessary for a bankruptcy filing. At the request of a client he omitted information, essentially lying on the form. The New Hampshire professional conduct committee became aware of the misconduct. To view David Allen's analysis of this case, click on the You Tube link below:

http://youtu.be/XrEyql5idhM

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Many people will contend they were ignorant of a particular law and should not be prosecuted. This does not work. What happens to someone who knows the law and interprets it in their own way? Attorney David Allen examines a case where Tommy Hilfiger interpreted federal law one way and a judge interpreted it another way.  To view David Allen's analysis of this case, click on the You Tube link below:

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Attorney David Allen discusses the question of what happens if you are involved in an accident while texting. Thirty five states, D.C., and Guam ban texting while driving for all drivers. Another 7 states (Alabama, Mississippi, Missouri, New Mexico, Oklahoma, Texas, and West Virginia) ban texting for novice drivers. Mississippi, Oklahoma, and Texas ban the practice by school bus drivers. To view David Allen's analysis on this case, click on the You Tube link below.

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Attorney David Allen discusses when government is responsible for the harm it causes. He examines a case in which a man suffers food poisoning after eating in a government cafeteria. The man sued the government. The federal government claimed it was immune from suit. It argued the way it chose to clean up the kitchen was discretionary. Under the law government cannot be sued for actions which are discretionary -- those things it can decide whether or not it wants to do. The... Read More

A shooting at convenience store gas pumps produces a homicide. Attorney David Allen discusses this Mississippi case where the wife of the victim sued the convenience store arguing it failed to provide sufficient security. The convenience store argued it was unforeseeable the shooting would take place. To view David Allen's analysis of this case and many other, click on the video blog link below:

http://youtu.be/WtFdKxLK8nU Read More