Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Ben Feuer | September 26, 2018
In 1998, a fashionably late California joined 44 states in adopting a procedure to allow out-of-state courts to request the state supreme court decide unsettled questions of state law relevant to their ongoing proceedings. Primarily aimed at federal courts, which frequently hear state law claims under their diversity jurisdiction, the rule was controversial and faced stiff resistance at the outset. But now, two decades on, it's turned out a great success.
Delaware Law Weekly | Analysis
By Justin Santolli | September 25, 2018
Based on the Third Circuit's decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.
The Legal Intelligencer | Analysis
By Justin Santolli | September 25, 2018
Based on the Third Circuit's decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.
New York Law Journal | Analysis
By Justin J. Santolli | September 25, 2018
Based on the Third Circuit's decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.
Daily Business Review | Commentary
By Richard Bec | September 25, 2018
The court just entered judgment in favor of your client after prevailing on its breach of contract action. As you savor the victory, your lawyer brain begins outlining a motion for prevailing party attorney fees.
By Andrew Denney | September 24, 2018
Party leaders made their choices for open seats on the Brooklyn and Bronx courts in a time-honored political tradition that has come under widespread criticism for its lack of transparency.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | September 24, 2018
It is well-recognized that arbitration is a matter of contract, and that courts will rigorously enforce arbitration agreements in accordance with their terms. Yet, often, ambiguities require that courts apply basic principles of contract interpretation to ascertain the intent of the parties as to matters unclear in the agreement itself.
The Legal Intelligencer | Commentary
By Peter F. Vaira | September 24, 2018
This column discusses the major differences in state and federal grand jury procedures. This is especially important as Pennsylvania state prosecutors have increased their use of the investigating grand jury over the past five years.
By The Legal Intelligencer | September 21, 2018
On Oct. 2, the Philadelphia Bar Association will present a CLE program, “Election Hacking, Ballot Security: Protecting Our Vote,” from 12-2:15 p.m. (lunch and registration begin at 11:30 a.m.), at the Philadelphia Bar Association, 11th Floor Conference Center, 1101 Market St., Philadelphia. 1 SUB/1 ETHICS CLE credits are available.
By Andrew Denney | September 20, 2018
Empowered by a recently enacted state law, the New York City government is stepping up enforcement on so-called “zombie properties,” vacant homes that are underwater on their mortgages, and has filed lawsuits against lenders holding onto five such properties in Brooklyn.
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