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 David B. Newman and Matthew L. Lippert | February 6, 2020
The intersection of specialized, often highly technical, or esoteric subject matter with procedural freedom can result in confusion about the ground rules for the use of experts in the arbitration.
New York Law Journal | Analysis
By Michael J. Hutter | February 5, 2020
There has been a spate of criticism of New York's excited utterance exception to the hearsay rule over the past 18 months, most recently in December 2019. In his Evidence column the author discusses those criticisms in detail and offers a recommendation for the courts and the Legislature regarding the future of the exception
By Tom McParland | February 3, 2020
Asked whether he would assist the government's investigation, Lev Parnas said it was a "good question."
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 3, 2020
The theory behind the common law "emergency doctrine" is that a person in such a situation cannot reasonably be held to the same accuracy of judgment or conduct as someone who has an opportunity to reflect, even if the decision turns out to be wrong. The need for the emergency doctrine has been called into question in recent years based on principles of comparative negligence and the ability of juries to apportion fault. As Thomas A. Moore and Matthew Gaier discuss in this edition of their Medical Malpractice column, while some states have abolished the doctrine altogether, New York has not gone so far.
By By David Lender, Luna Barrington and Joseph Rausch | January 31, 2020
Litigators need to be aware of the inquiries courts make to determine if an email constitutes a business record and alternative options to get emails admitted.
By Jack Newsham | January 28, 2020
Ethics lawyers and U.S. District Judge Brian Cogan discussed a lawyer's duties when advising deceptive clients.
By Mike Scarcella | January 22, 2020
"I think it is appropriate at this point for me to admonish both the House managers and the president's counsel in equal terms to remember that they are addressing the world's greatest deliberative body," Roberts said.
New York Law Journal | Analysis
By John L.A. Lyddane | January 17, 2020
In his Medical Malpractice Defense column, John L.A. Lyddane discusses the current effort before the Legislature to modify the New York State approach to the "speaking agent" exception to the exclusion of hearsay at trial, writing that "the change would affect the adjudication of medical malpractice claims and is of particular concern to any health care organization whose employees render medical care in the course of their employment."
New York Law Journal | Analysis
By Elliott Scheinberg | January 3, 2020
In 'Evans v. New York City Tr. Auth.', the Second Department broke from its own precedent case law and parted from its sister departments, now holding that "an appellant need not preserve the contention that a jury verdict was contrary to the weight of the evidence by making a post verdict motion for a new trial."
New York Law Journal | Analysis
By Devika Kewalramani and Peter Kimble | December 27, 2019
As the privilege doctrine is analyzed in future discovery disputes, Justice Rehnquist's observations in 'Upjohn' should be remembered, especially as technology's role in privilege analysis continues to grow.
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