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 A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | January 28, 2022
'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.
New York Law Journal | Analysis
By Robert Kelner, Gail Kelner and Joshua Kelner | January 24, 2022
In its recent decision in 'Gilliam v. Uni Holdings', the First Department held that "the condition of one's body is not the type of evidence that is subject to a spoliation analysis." In this edition of their Trial Practice column, Robert Kelner, Gail Kelner and Joshua Kelner discuss the winding road of decisions that led to 'Gilliam' and the significance of 'Gilliam' itself.
By Jane Wester | January 20, 2022
The bill is urgently needed, the letter argued, because "prosecutors are increasingly introducing rap lyrics as evidence in criminal proceedings" in a way that disadvantages the artists, overwhelmingly Black men and Latinos.
New York Law Journal | Analysis
By Paul Shechtman | January 12, 2022
Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
New York Law Journal | News|Profile
By Meghann M. Cuniff | January 10, 2022
A rule change in the Central District of California ended an unusual practice of other judges deciding recusal motions targeting their colleagues. Now an unusual request in Michael Avenatti's cross-country criminal cases is putting a California trial record before a judge in the Southern District of New York.
New York Law Journal | Analysis
By Elliott Scheinberg | January 6, 2022
This second part of a two-part article addresses 'Koegel' throughout all judicial levels; unacknowledged agreements remain enforceable in nonmatrimonial actions; methodology of acknowledgment vs. evidence of proper acknowledgment; and evidence of acknowledgment by a subscribing witness.
New York Law Journal | Analysis
By Elliott Scheinberg | January 5, 2022
On Dec. 16, 2021, the Court of Appeals, in 'Anderson v. Anderson' intelligently settled burning questions, which, for nearly 25 years, confounded bench and bar regarding acknowledgments in marital agreements.
By Jane Wester | January 4, 2022
The motion was filed hours after former President Donald Trump, Ivanka Trump and Donald Trump Jr. were added as respondents to the civil suit filed by the New York attorney general. Eric Trump has already been questioned.
New York Law Journal | Analysis
By Mark A. Berman | January 3, 2022
In his Virtual Lawyering column, Mark Berman discusses a new rule that became effective Dec. 15, 2021 for Commercial Division cases which specifically provides for taking remote depositions upon consent or by motion upon a showing of "good cause."
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