Thomas F Gleason

July 25, 2008 | Legaltech News

The "American Rule" is that each litigant pays their own way. A corollary might be that neither party can shift their discovery costs to the other side, or cause the other side to incur expenses beyond what is "normal" for the case. Do these rules work in an electronic context?

By Thomas F. Gleason

11 minute read

July 19, 2010 | New York Law Journal

In his New York Practice column, Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea, analyzes a a dispute involving a purported work by Alexander Calder, a case in which the Court of Appeals recently declined leave to appeal - showing that the barriers to such declaratory relief are high - while the reasoning of the court below provides insight on the limits of declaratory power.

By Thomas F. Gleason

9 minute read

July 18, 2005 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea and an adjunct professor at Albany Law School, and Patrick M. Connors, an associate professor of law at Albany Law School, write that, in the fast-developing area of e-discovery, practitioners did not have long to wait for the first digital rummage request.

By Thomas F. Gleason and Patrick M. Connors

10 minute read

March 17, 2008 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea and an adjunct professor at Albany Law School, writes that there has been a flurry of legislative interest in the Court of Appeals' recent "libel tourism" decision, in which the Court rejected New York personal jurisdiction over a Saudi Arabian domiciliary who had obtained a libel default judgment against a New York author in London, England.

By Thomas F. Gleason

12 minute read

March 19, 2007 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea and an adjunct professor at Albany Law School, writes that among the more interesting current issues in New York Practice is when changes can be wrought by uniform rule without the need of legislation.

By Thomas F. Gleason

11 minute read

July 20, 2009 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea, in Albany and an adjunct professor at Albany Law School, writes that a recent case holds an important lesson for the Article 78 petitioner - never take a more aggressive position than is absolutely necessary, because the odds against you already are long. For example, he notes, the petitioner in Infante was not asking for a lot, and apparently would have been satisfied with a death certificate that said that the cause of death was deemed "indeterminate."

By Thomas F. Gleason

11 minute read

July 17, 2006 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea and an adjunct professor at Albany Law School, and Patrick M. Connors, an associate professor of law at Albany Law School, write that many civil cases settle on the mythological "courthouse steps," despite the gear-up for trial being tremendously burdensome for all concerned. Is there a procedural fix to help parties come to terms, or is the last-minute deal inherent in our adversary system?

By Thomas F. Gleason and Patrick M. Connors

11 minute read

November 16, 2009 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea and an adjunct professor at Albany Law School, writes: "In the age of the Internet, the U.S. mail still is the dominant method for service of legal papers in New York civil practice. E-mail service has taken over in the federal electronic filing system, and also is available in New York's underused Filing by Electronic Means system. However, we New York dinosaurs still take comfort in our settled habits."

By Thomas F. Gleason

10 minute read

May 20, 2005 | New York Law Journal

Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea, and Patrick M. Connors, an associate professor of law at Albany Law School, write that when one of the lawyers in a case cries, "Let's go to the videotape," we can no longer be sure it is the defendant's lawyer. We can be reasonably sure, however, that the parties have had the opportunity to obtain full disclosure of all aspects of any item the lawyer is seeking to introduce.

By Thomas F. Gleason and Patrick M. Connors

12 minute read