Master the latest NY evidence developments with Professor Michael Hutter. Gain critical insights into key rulings to refine your litigation strategy and secure trial success.
Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners. Designed for trial attorneys and legal practitioners, this program provides a critical review of the Guide to New York Evidence, ensuring you are up to date on the black letter law and its latest judicial interpretations.
Professor Hutter begins by addressing the nuances of relevance and the concept of opening the door during trial, specifically within the context of medical malpractice and mental health diagnoses. The course then transitions into essential CPLR updates, emphasizing the strict compliance now required for party and witness affirmations under CPLR 2106 and the legislative changes to verification under CPLR 3020. Attendees will gain clarity on the evolving standards for impeachment, including the admissibility of prior bad acts, fraud convictions, and drug-related offenses.
A significant portion of the lecture focuses on Hearsay and its exceptions. Professor Hutter analyzes the impact of the BL Doe decision on CPLR 4549, clarifying the rules surrounding employee admissions and the broad interpretation of scope of employment. The discussion further explores the complexities of business records under the Johnson v. Lutz standard and recent Second Department rulings regarding whether hospital record entries are germane to treatment. The course also covers pivotal developments in expert testimony, including the discoverability of audit trails, the admissibility of biomechanical engineering opinions, and the foundational requirements to prevent expert affidavits from being deemed conclusory.
This course will help you:
The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.
Professor of Law at Albany Law School and Special Counsel to Powers & Santola, LLP
Michael J. Hutter is special counsel to Powers & Santola, LLP. As special counsel, he handles the firm’s appellate work. Michael has argued appeals in the New York State Court of Appeals, all four Departments of New York’s Appellate Division, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit. He has argued over 400 appeals covering a wide range of subjects, including labor law, no-fault law, negligence, criminal law, matrimonial law, civil rights claims, state constitutional law, and unfair competition claims. Since 2015, he has been named in the Best Lawyers New York edition in the area of appellate practice. As a professor of law at Albany Law School, Professor Hutter’s teaching areas include evidence, NY practice, federal jurisdiction and procedure, conflict of laws, and trade regulation. His scholarship has been cited by many courts, including the First Circuit Court of Appeals, Fourth Circuit Court of Appeals, Illinois Appellate Court, Massachusetts Supreme Judicial Court, South Dakota Supreme Court, Wisconsin Supreme Court, and the Appellate Division of the State of New York, as well as by numerous academic commentators. Professor Hutter is a recognized expert in the area of evidence. He has served as an educator to the New York State Court System, invited by the New York State Office of Court Administration and its Judicial Institute to teach evidence and discuss developments in the field at its annual seminars for justices and judges throughout the state, as well as seminars for law clerks and court attorneys. Recently, he was appointed by the Chief Judge of the State of New York to act as the reporter for a special committee composed of sitting and retired judges, charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers, and the public. Professor Hutter is also the evidence columnist for the New York Law Journal, publishing a bimonthly article discussing recent New York evidence cases decided by the courts.
