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 Vincenzo Mogavero and Sarah Klein | September 18, 2019
This little-known privilege provides a potential shield to the accidental transmission of electronic communications between spouses and may make all the difference in litigation involving married couples.
New York Law Journal | Analysis
By John L.A. Lyddane | September 16, 2019
In his Medical Malpractice Defense column, John L.A. Lyddane writes: In a world of litigants sharing their most private affairs with total strangers, and inexpensive data storage of virtually every detail of their lives, the potential for securing admissions by opposing litigants demands attention in discovery. It is useful to examine what constitutes an admission, and how admissions are best employed.
By Tom McParland | September 12, 2019
"I will tell you, if I do [run] I am confident that I will win," Collins said following his latest appearance in Manhattan federal court. "That's a decision for a later date."
New York Law Journal | Analysis
By Scott M. Himes | September 12, 2019
Keeping these "don'ts" in mind when taking a deposition will focus you on the "dos" for a successful deposition and, relatedly, a well-tried case in the courtroom.
New York Law Journal | Commentary
By William C. Donnino | September 10, 2019
The Guide has already been favorably received by some courts, including the Appellate Division.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | September 3, 2019
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz continue their discussion of the Child Victims Act and the one-year revival window for civil claims that were previously time-barred. Notwithstanding the liberalization of the statute of limitations, there are pleadings, privilege, disclosure, and evidentiary issues complicating the successful prosecution of the actions.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 5, 2019
Without question, the most effective deterrence to the destruction or alteration of medical records in an effort to evade liability for medical malpractice liability is the potential for a punitive damages award to be imposed against the offending party. In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a decision in which the Second Department upheld such an award for that precise misconduct.
By Tom McParland | August 2, 2019
Manhattan prosecutors have issued a subpoena on President Donald Trump's business in its investigation of alleged hush payments to Stephanie Clifford, the adult-film performer known as Stormy Daniels, ahead of the 2016 election.
New York Law Journal | Analysis
By Michael J. Hutter | July 31, 2019
In his Evidence column, Michael J. Hutter discusses 'People v. Smith', writing that the decision—including both the opinion of the Court of Appeals and the dissenting opinion of Justices Carni and Lindley—is required reading for a trial lawyer, as it complements the missing witness charge as provided in NY PJI3d and CJ2d.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | July 29, 2019
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss a spate of decisions arising out of the use of nonlegal observers at defense physical examinations, which culminated with a recent decision of first impression on this issue by the Appellate Decision, First Department, in 'Markel v. Pure Power Boot Camp'.
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