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 | November 30, 2020
Twenty-five years ago, this Medical Malpractice column concluded that a physician's entire office record, including the reports of consulting physicians and any findings or opinions contained therein, is admissible in evidence, so long as the material was kept in the regular course of the physician's business and was related to the diagnosis or treatment of the patient. Among the law discussed was 'Freeman v. Kirkland'. Another columnist recently concluded that 'Freeman' should no longer be followed. Thomas A. Moore and Matthew Gaier respectfully disagree with that conclusion in today's edition of their column.
New York Law Journal | Analysis
By E. Leo Milonas and Andrew C. Smith | November 6, 2020
In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith analyze recent notable decisions from the four appellate departments, including a decision on a novel attorney fee issue and evidence questions in the Second and Fourth Departments.
New York Law Journal | Analysis
By Mark A. Berman | November 2, 2020
With regard to conducting depositions in the age of COVID-19, the question often becomes: Does the party seeking the deposition during the current health crisis, over objection, get to determine the means by which a deposition will be taken? In his State E-Discovery column, Mark A. Berman discusses the few New York state cases that have addressed the issue of remote depositions.
New York Law Journal | Analysis
By Peter A. Crusco | October 26, 2020
In his column on cyber crime, Peter A. Crusco addresses some frequent legal issues involved in a corporation's response to a grand jury subpoena duces tecum for its electronically stored information.
New York Law Journal | Expert Opinion
By Mike Miller and Morgan Lucas | October 23, 2020
This article takes an in-depth look at one of the tools the government often uses to win their cases: the co-conspirator hearsay exemption, including the application of this evidentiary rule in the modern era of contemporaneous electronic communications. It examines the origination, evolution, and practical application of this key rule, and considers options available to defense lawyers seeking exclusion.
New York Law Journal | Analysis
By John L.A. Lyddane | October 14, 2020
The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 14, 2020
In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 6, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, "Magid v. Waldman," and "1267 Rogers Ave. LLC v. First American Title Ins. Co."
New York Law Journal | Analysis
By Michael J. Hutter | September 30, 2020
In his latest Evidence column, Michael J. Hutter discusses the 'Freeman' decisions.
By Tom McParland | September 16, 2020
U.S. District Judge Alison J. Nathan said that the actions of the Manhattan U.S. Attorney's Office had eroded public trust in the criminal justice system by making "countless" belated disclosures to lawyers. While their client's conviction was vacated, Steptoe & Johnson attorneys have pursued evidence they suspected the government had withheld.
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