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
By Andrew Denney | December 18, 2024
A Nassau County jury was dismissed and preparing to leave the courthouse when it learned an intended $20 million verdict might be entered as $6.5 million.
By Thomas A. Moore and Matthew Gaier | December 9, 2024
The authors write "Over the past two decades, this column has on three occasions addressed the issue of whether defendants may seek apportionment under CPLR Article 16 with respect to former defendants in the action who obtained merits based dismissals of the claims against them on summary judgment. It has been our steadfast position that such apportionment is prohibited by collateral estoppel and law of the case doctrine. It seems axiomatic that once a defendant has been adjudicated to be not liable as a matter of law, that finding is the law of the case, for all purposes. Nevertheless, efforts by defense counsel to defend their clients or limit their liability by blaming their former co-defendants continue to persist."
By John L.A. Lyddane | November 18, 2024
Here we examine some of the concerns for the defense of medical malpractice cases when an issue arises as to the use of a prior inconsistent statement at trial.
By Emily Saul | October 9, 2024
The case was tried by Thomas Moore and Judy Livingston of Kramer Dillof Livingston & Moore.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | September 30, 2024
"A decedent's emotional distress from the fear of impending death is very much a compensable aspect of post-injury pain and suffering," write Thomas A. Moore and Matthew Gaier.
New York Law Journal | Analysis
By John L. A. Lyddane | September 16, 2024
"Two related purposes of issue preclusion are to ensure finality of decisions and to avoid inconsistent adjudications of identical issues," writes John L. A. Lyddane.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 8, 2024
"The statute begins to run under the discovery rule not when the patient was diagnosed with cancer, but when patient knew ... that there was negligence," write Thomas A. Moore and Matthew Gaier.
By ALM Staff | July 30, 2024
This ruling was selected and summarized by the New York Law Journal's decisions editors.
By ALM Staff | July 24, 2024
This ruling was selected and summarized by the New York Law Journal's decisions editors.
By Alan W. Clark | July 19, 2024
Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.
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