Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Expert Opinion
By Damien H. Weinstein | July 13, 2020
This series outlines the most common ways businesses and their owners get sued and what can be done to minimize that risk. This final post focuses on COVID-19 related lawsuits.
New York Law Journal | Expert Opinion
By Lee A. Spielmann | July 13, 2020
Justice John Paul Stevens, who would have turned 100 in April, passed away one year ago this July. His 2019 autobiography discussed his position in many of his cases. One case not mentioned was 'Fedorenko v. United States.' The decision's significance and concomitant symbolism warrant revisiting Stevens' dissent.
New York Law Journal | Expert Opinion
By Timothy R. Capowski, John F. Watkins, and Jonathan P. Shaub. | July 13, 2020
Part one in a three-part series discussing the different angles of the nuclear verdict/social inflation dilemma in New York.
New York Law Journal | Expert Opinion
By Jeffrey S. Jacobson | July 9, 2020
A discussion of how the "reasonable consumer" test is supposed to work and how some courts have applied it to dismiss claims at the pleading stage while others have decided that "reasonable consumer" questions can't be judged until later in the case. Appellate guidance has been scattered, but there are some common threads in the court decisions.
New York Law Journal | Expert Opinion
By James P. Fitzgerald and John M. Daly | July 9, 2020
Alternative litigation financing for infants in birth injury medical malpractice cases in New York levels the playing field.
New York Law Journal | Expert Opinion
By Michael Mix and Jason Gottlieb | July 8, 2020
After being forced to wait for the New York State Courts to reopen, parties flood the court with litigation concerning transactions that failed to close before the COVID-19 pandemic.
New York Law Journal | Expert Opinion
By Scott E. Mollen | July 7, 2020
This case illustrates why, generally, developers' lawyers advise their clients that they should not sue the opponents of their projects.
New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | July 7, 2020
With occupancy levels likely to remain well below historical norms for the foreseeable future, and hotel employees and their union representatives demanding that strict safety protocols be put in place before employees return to work, hotel owners and operators are preparing themselves for the next reckoning: what to do with furloughed employees that remain unneeded given the low levels of demand, but will expect sizeable severance if the furloughs persist and become a permanent layoff.
New York Law Journal | Expert Opinion
By Pankaj Malik | July 7, 2020
An overview of the DACA program and eligibility requirements including practical effect of the SCOTUS decision on practitioners and eligible applicants.
New York Law Journal | Expert Opinion
By Julia A. Cort | July 7, 2020
A discussion of the recent New York Court of Appeals decision in American International Specialty Lines Insurance v. Allied Capital Corp. and its implications for determining when a partial arbitration award is final, including for the purpose of invoking the doctrine of functus officio, which prohibits an arbitrator from altering a final award.
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