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 Isha Marathe | February 24, 2023
A lack of knowledge about FRE 502(d)—the easiest and most fool-proof of safety nets—has kept attorneys and judges from utilizing the valuable claw back provision. But Judges Andrew Peck and Paul Grimm warn that, with increasing digital evidence, such ignorance is tantamount to malpractice.
By Charles Toutant | February 17, 2023
But the need for special master Joseph Lisa to re-do his report under the revised standard means the Supreme Court is unlikely to come up with a ruling in "Olenowski" until the fall, said defense attorney Evan Levow.
By Riley Brennan | February 17, 2023
"After the November 2018 inspection, defense counsel did not take any steps to set a second inspection date to download the Kia's EDR nor did they communicate a further interest to inspect the Kia before its destruction, which occurred in April 2019," said U.S. District Judge Norman K. Moon of the Western District of Virginia.
The Legal Intelligencer | News
By Riley Brennan | February 17, 2023
A federal judge in Pennsylvania shot down a plaintiff's motor vehicle accident case after he was caught lying under oath and presenting falsified documents.
By Rubin M. Sinins | February 16, 2023
No available New Jersey decision analyzes geofence warrants. 'U.S. v. Rhine', a decision issued two weeks ago by the federal district court for the District of Columbia, denying a January 6 defendant's motion to suppress geofence evidence, notes the limited number of federal authorities that have considered geofence warrants.
By Mason Lawlor | February 9, 2023
"Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.
By Riley Brennan | February 8, 2023
The Kansas Court of Appeals affirmed a lower court ruling that a sheriff's deputy did violate a man's Fourth Amendment rights by attempting a public safety stop that turned into an arrest, drawing a strong dissent that argued "the state failed to present objective, specific, and articulable facts" showing the stop had been lawful.
By Riley Brennan | February 8, 2023
"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | February 6, 2023
Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
New York Law Journal | Analysis
By Michael J. Hutter | February 1, 2023
Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
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