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
New York Law Journal | Analysis
By Thomas E.L. Dewey | January 25, 2019
In his Settlements and Compromise column, Thomas E.L. Dewey discusses a recent decision from the Southern District of New York, which reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority to enforce orders and procedural rules, and parties cannot avoid the consequences of noncompliance through private settlement.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | January 25, 2019
In their Burden of Proof column David Paul Horowitz and Lukas M. Horowitz write: The judicial system recognizes and addresses attorney bias in jury selection, bias of eyewitnesses when identifying people of other races in criminal trials, and the impact of implicit bias on attorneys and judges. However, one stakeholder in our judicial system does not receive guidance in implicit bias: jurors. Whether they should, or not, is this month's topic.
The Legal Intelligencer | Commentary
By Larry E. Coben | January 25, 2019
The marketing of safe products should ordinarily include all the available safety features warranted to protect consumers from harm. When a manufacturer decides to make safety an option, then it takes the risk that it will be liable for harm caused by putting profits before safety.
By Jenna Greene | January 25, 2019
'Likelihood of confusion was the absolute focus of our case. We promised the jury in the opening that they would hear four key facts that showed that there was no likelihood of confusion, and I think we delivered on that.'
The Legal Intelligencer | Commentary
By Jacob Lehman and Mike Dolan | January 25, 2019
Think back (fondly) to your civil procedure course. In order for a dispute to be litigated in a court, the court must have jurisdiction over the parties. There are two types of jurisdiction, subject matter and personal.
The Legal Intelligencer | Commentary
By Stephen J. Finley and Jonathan T. Woy | January 25, 2019
Five years ago, the Pennsylvania Supreme Court undertook to modernize Pennsylvania products liability law in its seminal decision of Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014).
By Kacy Miller | January 24, 2019
A trial theme has to work with the evidence, be consistent with the legal argument, resonate with jurors, and be promoted by key witnesses. This is a lot harder than it sounds.
By Tom McParland | January 24, 2019
Former Delaware Attorney General Matt Denn has joined DLA Piper as a partner in the firm's Wilmington office, where he plans to represent clients in litigation involving state attorneys general, insurance regulators and other state agencies.
The Legal Intelligencer | Commentary
By Edward T. Kang | January 24, 2019
In a recent article I co-authored, I discussed the “wholly groundless” exception to delegation clauses under the Federal Arbitration Act, "Should an Arbitrator Determine Arbitrability Where a Claim Is 'Wholly Groundless'?"
New York Law Journal | Analysis
By Sharon M. Porcellio | January 24, 2019
In her Western District Roundup, Sharon M. Porcellio writes: In the last quarter of 2018, U.S. Senior District Judge David G. Larimer, in the context of an environmental case under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980, examined the interplay of two doctrines permitting courts to defer exercise of their jurisdiction until an administrative agency acts.
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