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General

Can’t You Just Write a Letter for Me?

At least once a month, I get a new inquiry from a prospective client; a current or former client; or, most commonly, from a family member or friend asking for legal help about a small dispute. The underlying damages are usually worth under $5,000 in total and often involve matters of $1,000 or less. When […]

Categories
Constitutional Law Criminal Law

Speaking to the Feds is Always Dangerous and to Be Avoided if Possible

Rumors are swirling that President Trump’s personal lawyers are suggesting to him that he not voluntarily meet with Special Prosecutor Robert Mueller to answer questions in Mueller’s Russia probe. Of course they are and they well should tell him to not go gently into that good night. As any good criminal defense lawyer who has […]

Categories
Constitutional Law Criminal Law Litigation

Client: “I’m Not Guilty!” – Lawyer: “Yes, You Are!” SCOTUS to Rule on Who Decides in Louisiana Death Penalty Case

Louisiana man Robert McCoy was accused of killing Christine Colston Young, Willie Young and Gregory Colston, who were the mother, stepfather and son of Mr. McCoy’s estranged wife. There was substantial evidence that he had done so. The actual shooting was caught on tape as the victim had called 911 upon the shooter’s arrival and […]

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Constitutional Law Restaurant and Hospitality Law

Fed Ct Says State Can’t Keep “Wandering Dago” Truck Away From Racetrack

An Upstate NY food truck that serves fusion barbecue fare under the name “Wandering Dago” scored a significant victory at the end of a legal battle with the State, which had banned Wandering Dago from serving its offerings at the Saratoga Race Track. and as part of the NY State Lunch Program on the Empire […]

Categories
Constitutional Law

It Took Trump To Make People Appreciate Lawyers

I love being a lawyer and have loved being a lawyer since I was admitted to practice more than 30 years ago. So, as a lawyer who loves being a lawyer, I have always been somewhat saddened and confused by the general population’s contempt for lawyers. We’ve all heard the numerous lawyer jokes and seen […]

Categories
Litigation

Colorado Theater Shooting Victims Stuck with $700,000 in Defendants’ Legal Fees

In 2012, James Holmes killed twelve people and injured seventy others in a ten-minute rampage at a screening of “The Dark Knight Rises.” Forty-one victims filed lawsuits some in Federal court and others in State court. According to the state lawsuit, the theater companies failed to hire sufficient security personnel in light of a previous […]

Categories
Constitutional Law

Top Six Things the Public Should Take Away From HBO’s “The Night Of”

HBO’s excellent short series “the Night Of” concluded last night. If you haven’t seen it all I warn you that this post may contain spoilers. Lots of my friends in the legal community are complaining about many inaccuracies in the way trial, prosecutors and criminal defense were portrayed. My answer to them has generally been […]

Categories
Litigation

Judge Dismisses Suit Against Starbucks Over Iced Drinks

A lawsuit brought against Starbucks in Federal Court in California over the amount of liquid in their iced drinks has been dismissed by the court as baseless. A plaintiff claiming to be a Starbucks consumer brought a class action lawsuit against the coffee giant alleging that its iced drinks contain less liquid in it than […]

Categories
Criminal Law Litigation

NY Court: Minor Child’s Parent Can Secretly Record Other Parent

NOTE: I was the trial attorney for this case People v. Badalamenti that I am discussing today. Everything I write about below comes only from the published opinion. The NY Court of Appeals, in a 4-3 split decision issued yesterday, ruled that a parent can secretly record a conversation between a minor child and anyone […]