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David Allen & Associates
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Helping Injured and Disabled People for over 30 years. Talk to the Right People
Helping Injured and Disabled People for over 30 years. Talk to the Right People

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David Allen Legal Tuesday:
Crunch Berries Don't Exist!?

Attorney David Allen reviews a case in which a consumer on behalf of herself and others brought claim against Quaker Oats for their Cap’n Crunch Crunch Berries cereal. She contended the manufacturer misrepresented the cereal. It did not contain any "crunch berries". The manufacturer argued that any reasonable consumer knows that crunch berries did not exist and therefore would not have a reasonable expectation to find them in the cereal. The case was decided by the federal court for the Eastern District of California.
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David Allen Legal Tuesday:
Yelp Refuses to Take down Posting Found to Be Defamatory

Attorney David Allen comments on a case in which an unhappy client posted a very defamatory review on yelp That. At trial it was found the client engaged in defamation and was ordered to take down the posting. Yelp was also ordered to take down the posting. Yelp refused, looking to the Communications Decency Act. The Act gives immunity to Internet providers from defamation suits. The person bringing suit contended as long as the posting remained posted the defamation continued. The California Supreme Court eventually decided the case.
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David Allen Legal Tuesday:
Social Security

David Allen discusses the current stagnation impacting Social Security Disability. Over 1 million people waiting for hearings. Over 70,000 people waiting for decision after the hearing. He makes various observations based upon representing those seeking disability payments. Simple suggestions are made that can significantly reduce the wait times and bring some correction to a broken system.
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David Allen Legal Tuesday:
Conduct by Defendant after Injury Can Influence Personal-Injury Verdict

Attorney David Allen discusses a case in which a large settlement of a personal injury case was reached in the middle of a jury trial. He points out those factors which can give rise to a large settlement or verdict. In some instances, the conduct of a defendant after injury occurs can influence the eventual verdict or settlement.
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David Allen Legal Tuesday:
Legal Standards Differ for Search of a Home and Automobile

Attorney David Allen shows how a Virginia case involving a stolen motorcycle demonstrates the difference between a search of an automobile or motorcycle and the search of someone’s home. The law possesses different standards and police officers are required to behave in a different manner for each search.
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David Allen Legal Tuesday:
Rights You Possess When Your Insurance Company Defends You

Attorney David Allen examines the obligations your auto liability insurance company owes you. He points out the two principal obligations, the duty to defend and indemnify. Importantly he points out the rights you possess with regarding the defense of any lawsuit brought against you.
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David Allen Legal Tuesday:
Pasta Throwing a Lawyer Sued for Negligence and Battery

Attorney David Allen discusses a case in which James P Sweeney, a real estate lawyer, throw a bowl of pasta and struck a bystander. He was sued and the jury eventually awarded the woman struck in the back of the head with the pasta an amount which will total more than $102,000. The question which the facts created for Sweeney’s insurance company was whether the action was intentional or negligent. The difference determined whether he had insurance coverage.
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David Allen Legal Tuesday:
Search of Cellphones at the US Border

Attorney David Allen reviews a case in which a Turkish citizen leaving the country objected to a forensic search of his cell phone. Through his attorneys he argued Border Control and TSA needed “individualized suspicion” to engage in a forensic search of his cell phone. The federal government argued searches of electronic devices required no individualized suspicion or a warrant under an exception allowing searches of suitcases at the border
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David Allen Legal Tuesday:
Hospital Attempts to Forbid Use of All Pins and Badges by Employees

Attorney David Allen examines a case in which a California hospital barred all employees from wearing unapproved pins or badges. The policy became subject of a grievance that was eventually decided by the National Labor Relations Board. David Allen shows how the case provides direction on what pains and badges can be worn by employees in a hospital setting.
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David Allen Legal Tuesday:
Trump Sued to Make Twitter Account Open to All

Attorney David Allen discusses the case in which individuals blocked from the Twitter account for President Trump brought suit. They contended since he was President of the United States and used Twitter to make comments he turned his Twitter account into a public forum which required access by all. On behalf of Donald Trump the argument was made he, as an individual, possessed a right to determine who he could associate with and thus who could post to his Twitter fee.
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