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 Max Mitchell | September 29, 2017
Plaintiffs do not need to provide so-called "smoking gun" evidence of ill will to bring bad-faith claims against insurance carriers, the Pennsylvania Supreme Court has ruled in an issue of first impression for the court.
By Max Mitchell | September 29, 2017
A decision saying it was a jury question—and not a matter of law—whether caustic wet cement was unreasonably dangerous has been allowed to stand as the Pennsylvania Supreme Court declined to review the products liability case.
By Alexa Woronowicz | September 29, 2017
Plaintiff Fails to Comply With CPLR Article 13-A Forfeiture Procedure, Default Denied
By P.J. Dannunzio | The Legal Intelligencer | September 29, 2017
The Pennsylvania Supreme Court declined to address whether a judge should have backed away from a now 20-year-old case that one of his colleagues stood…
By Matthew T. McLaughlin | September 29, 2017
Matthew T. McLaughlin writes: Litigants in disputes with public agencies have an opportunity to bring a two-front attack when obtaining documents. The CPLR and the FOIL statutes operate in tandem, and choosing one route does not preclude use of the other. The tandem operation of these two statutes brings, however, an often unappreciated twist. Under FOIL, public agencies enjoy certain exceptions to the obligation to produce documents. Several courts, including three of the Appellate Division departments, hold that the exceptions to production found in the FOIL statute may be used defensively in civil litigation, thereby permitting a public agency to withhold documents for FOIL-based reasons. Recent jurisprudence from the Appellate Division, Fourth Department, has opened a chasm in the intersection between the CPLR discovery devices and the operation of FOIL.
By Alexa Woronowicz | September 29, 2017
Finding no "true conflict" between Pennsylvania law and North Carolina law as applied to plaintiff's negligent design defect and strict liability design claims arising from his use of Risperdal®, the court applied Pennsylvania law under the state's choice of law methodology and found the claims to be precluded. The court asked the appellate court to affirm its order granting the moving defendants summary judgment.
By Alexa Woronowicz | September 29, 2017
Medical expert could testify outside of his or her primary specialty where he or she had practical work experience in or where his or her primary specialty overlapped with the specialty at issue. Judgment affirmed.
By Alexa Woronowicz | September 29, 2017
Agency's failure to grant a hearing to the alleged perpetrator of child abuse to challenge the report, after the subject made a sufficiently clear request for hearing, violated due process and warranted the grant of an appeal nunc pro tunc. Order of the Department of Human Services, Bureau of Hearings and Appeals reversed, case remanded.
By Alexa Woronowicz | September 28, 2017
C.A. 4th; G055271 The Fourth Appellate District granted in part a petition for writ of supersedeas. The court held that a party’s appeal of an…
By Alexa Woronowicz | September 27, 2017
Cash-Out Merger Deprived Plaintiff of Standing to Sue for Disgorgement of Short-Swing Profits
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