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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:
Cause of Action for Racial Discrimination for One-Time Racial Slur?

Attorney David Allen discusses a case in which Otis Daniel, a former fire safety director for T& M Protection Resources in New York brought a claim for racial discrimination. There was conflicting evidence as to what took place in the workplace. There was clear evidence there was a one-time use of the notorious N word. His employer argued that was insufficient to support a claim for discrimination. The case was eventually decided by the Second Circuit Court of Appeals.

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David Allen Legal Tuesday:
Man Wants to Change His Date of Birth on his Birth Certificate

Attorney David Allen discusses a case in which a Minnesota man petitioned a trial court to change the date on his birth certificate. He contended that due to mental illness he lacked the emotional maturity of people who were his chronological age. To better match his chronological age to his emotional age she wanted to have his per certificate altered. The case was finally decided by a Minnesota Court of Appeals.

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David Allen Legal Tuesday:
Requirements Governing the Ability to Take a Bar Exam

Attorney David Allen discusses a case in which Caleb Harlin applied to take the Oklahoma bar exam even though he never graduated from college. David Allen reviews the various ways in which people can become eligible to take the bar examination.

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David Allen Legal Tuesday:
Paternity and Child Support

Attorney David Allen discusses the way in which paternity questions can be brought before a court. Lisa Summers was the mother of two children. She questioned whether the man who helped her raise the children was in fact their father. He never questioned whether he was the father. Lisa Summers raised the question of paternity after she was ordered to pay child support. The case was eventually resolved by a Missouri Court of Appeals.

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David Allen Legal Tuesday:
Defamation Suit from Facebook Posting

Attorney David Allen reviews a case which arose in North Carolina. Jacquelyn Hammond made a Facebook posting about Davyne Dial, a general manager of a low wattage radio station,. In Ms. Hammond's post on Facebook she writes, “ I didn’t get drunk and kill my kid”. The woman brought a defamation suit against Ms. Hammond. David Allen explains how the case resolved.

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David Allen Legal Tuesday:
Execution and Insanity

Sixty six year old Vernon Madison was convicted of murder three times a result of killing of a Mobile police officer in April 1985. In 2017 he was still awaiting execution. His attorneys argued he could not be executed because he was suffering from vascular dementia . He was so mentally incompetent he did not know the difference between right and wrong. Attorney David Allen explains why the 11th Circuit Court of Appeals found he could not be executed.

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David Allen Legal Tuesday:
Age of Consent for Marriage

Attorney David Allen examines the laws regarding age of consent for marriage in United States. He reveals some interesting statistics and facts generally unknown. He also finds that the United States of America and its foreign policy behaved differently than the individual states.

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David Allen Legal Tuesday:
Justification for a Search Without a Warrant

Attorney David Allen discusses a case in which police in Watertown Massachusetts investigated an apartment emitting unusual smells normally associated with the manufacture of methamphetamine. One of the residents of the apartment appeared to be missing. The police entered the apartment and found paraphernalia used in the manufacture of methamphetamine. They did not find the missing resident. The police then encountered the principal resident, Kyle Tuschall, and asked various questions after he waived his Miranda rights. The issue before the trial court was whether the evidence obtained when the police entered the apartment could be admitted and whether the comments made by the principal resident of the apartment could be held against him. The highest Court of Appeal in the State of Massachusetts eventually decided the case.

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David Allen Legal Tuesday:
Determination of Property Rights in Divorce Proceedings

Attorney David Allen examines a case in which a married couple filed for divorce after a long-term marriage. She argued the home in which they lived was her sole and separate property. He argued it was marital property belonging to both of them. David Allen explains how separate property can become marital property and how it can remain separate.

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David Allen Legal Tuesday:
The Importance of Credibility in a Trial

Attorney David Allen examines the facts of DUI case. Michael Cough was found guilty of being intoxicated while driving even though he was apprehended long after a car crash . A close examination of the facts demonstrates the way in which credibility can make a difference between guilt and innocence.

David Allen & Associates helping injured and disabled people throughout the west for 35 years.

We offer successful representation in Personal Injury, Social Security Disability and Insurance Disability claims.
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