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 Jonathan A. Dachs | August 19, 2019
One of the most well-established propositions of New York insurance law is that there is no right to cancel a policy of automobile liability insurance retroactively (ab initio) as against an innocent third party, even for fraud or misrepresentation in the procurement of the policy. Such cancellations are, however, allowable against the participants in the fraud. In his Insurance Law column, Jonathan A. Dachs discusses case law on this issue.
New York Law Journal | Analysis
By Frances Kulka Browne and Erika Ghaly | August 19, 2019
The future of mandatory arbitration is far from settled.
New York Law Journal | Analysis
By Shari Claire Lewis | August 19, 2019
In her Internet Issues/Social Media column, Shari Claire Lewis discusses a recent Second Circuit ruling that Communications Decency Act §230(c)(1) shielded Facebook from civil liability for claims brought under federal law by U.S. citizen victims, and their representatives, of certain terrorist attacks committed by Hamas in Israel. The decision amounted to a big victory for Facebook and, implicitly, for other social media platforms. However, there may be political will to amend §230(c)(1) to weaken the immunity it affords online publishers such as Facebook, which could limit the effect of the decision.
New York Law Journal | Analysis
By David B. Saxe | August 16, 2019
Having an appeal process as part of an arbitration might help prevent irrational awards.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 15, 2019
It is common for defendants facing parallel securities class actions in New York state court and federal court to seek a stay of the state proceedings. Historically, New York state courts have readily deferred to their federal counterparts, agreeing to stay the state action pending the outcome of the federal action. Two recent Commercial Division cases, however, suggest this approach may be changing, increasing the risk that securities defendants will face active, concurrent litigation in both state and federal court. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer explore these recent developments.
New York Law Journal | Analysis
By Daniel G. Fish | August 15, 2019
In his Elder Law column, Daniel Fish discusses a new rule that requires local Medicaid offices to reject enrollment in a pooled income trust made under a power of attorney lacking a statutory gift rider. The rule will have the effect of causing unnecessary nursing home placements, and the legal basis for the directive is highly questionable.
New York Law Journal | Analysis
By Russell Yankwitt and Dina Hamerman | August 15, 2019
To combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.
New York Law Journal | Analysis
By Mitchell Pawluk and Meaghan Lambert | August 14, 2019
The New York State Legislature has passed legislation which, if signed by Governor Cuomo, will establish one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country and could significantly impact the burgeoning hemp industry in New York by adding new regulatory requirements. This article provides a summary of some of the legislation's more notable (and controversial) provisions.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 14, 2019
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | August 14, 2019
In their Taxation column, Elliot Pisem and David Kahen discuss 'Mihelick v. United States,' where the Court of Appeals provided welcome guidance on the applicability of §1341 in situations involving a change in marital status and where the repayment resulting in a deduction is not made to the initial payor of the item.
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