Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Thomas Kissane and John Moore | January 12, 2023
In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
By Jason Grant | January 6, 2023
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
By Edward M. Spiro and Christopher B. Harwood | December 22, 2022
Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.
New York Law Journal | Analysis
By Michael A. Kaplan and Mikayla R. Berliner | December 14, 2022
One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
New York Law Journal | Analysis
By Michael J. Hutter | December 13, 2022
The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
New York Law Journal | Commentary
By Paul Townsend | December 12, 2022
Federal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 8, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including granting the motions of two defendants to reduce their sentences under the First Step Act; relying on the "automobile exception" to the Fourth Amendment and the inevitable discovery doctrine in denying a suppression motion; and denying a preliminary injunction requiring the State Liquor Authority to issue a permit to sell alcohol all night on New Year's Eve 2022.
New York Law Journal | Analysis
By Barry Kamins | December 5, 2022
This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.
New York Law Journal | Analysis
By Joel R. Brandes | November 23, 2022
The attorney-client privilege applies only to confidential communications between attorneys and clients that are made for the purpose of obtaining or rendering legal advice in the course of a professional relationship.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | November 23, 2022
Under the VTL, drivers of hazard vehicles engaged in work on highways will not be held liable for injuries caused by their negligence. This article uses case law to discuss how courts in New York analyze negligence cases involving drivers of hazard vehicles engaged in work on highways. Court must determine the proper standard to use and burden of proof to be established when hearing these cases.
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