Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 2, 2021
In a recent column in the New York Law Journal, Professor Michael Hutter raised the question of whether New York should adopt FRE 803(18), the Federal Rule of Evidence pertaining to the admissibility at trial of statements contained in treatises, periodical or pamphlets. Hutter's position was that adoption of the rule would be "a progressive step forward." In this edition of their Medical Malpractice column, Thomas Moore and Matthew Gaier explain why they "respectfully disagree."
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | July 29, 2021
In this edition of their Western District Roundup, Jessica Copeland and Riane Lafferty explore two decisions involving important discovery issues: waiver of work product privilege by disclosure to third parties and discovery sanctions.
By Meghann M. Cuniff | July 29, 2021
Avenatti's lawyering is so central to the criminal case against him that trial testimony so far also is testing the divide between crimes and malpractice.
New York Law Journal | Letter to the Editor
By Michael W. Kessler | July 7, 2021
Thus, though it is fine to work toward a legislative solution to this problem, in the meantime it is also in the hands of every trial lawyer to change the rule by offering the literature, and making a proper record for judicial consideration.
New York Law Journal | Commentary
By Brittany Francis, Anjali Pathmanathan and Arielle Reid | June 30, 2021
As rap music is increasingly introduced in criminal proceedings across the country, New York has a unique opportunity to develop a flagship standard: a rigorous test that protects the integrity of our court system against racial bias.
New York Law Journal | Analysis
By Michael J. Hutter | June 28, 2021
Reform of New York's learned treatise rules, unchanged since 1896 despite the advances in science and medicine since then, is in order.
By Tom McParland | June 18, 2021
Barbara Jones, the former Manhattan judge appointed to the role, announced this week that defense counsel would get the first shot to claim privilege for materials seized in an April 28 raid of Giuliani's home and office.
By Tom McParland | June 4, 2021
Jones, who performed the same function in vetting materials seized from Michael Cohen, is expected to weed out documents that may contain privileged attorney-client communication.
New York Law Journal | Analysis
By Rob Maier | May 25, 2021
In his Patent and Trademark Law column, Rob Maier discusses Wi-LAN v. Sharp Electronics—a "cautionary tale for patent plaintiffs to do everything within your power, and then some, to ensure your evidence of infringement will not be excluded as hearsay."
By Ryan Tarinelli | May 7, 2021
A mid-level appeals court had found a certificate of translation was needed to cure a hearsay defect, but the Court of Appeals ruled that a police officer's translation of the employee's narrative "did not create a level of hearsay for pleading purposes."
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