Michael Hutter

Biography

A.B., Brown University
J.D., Boston College

Clerked for Judge Matthew J. Jasen, New York State Court of Appeals, practiced law with a New York law firm involved in antitrust and unfair competition litigation. Authored a book and numerous articles on antitrust and unfair competition. Active in the Litigation Section and the Committee on Antitrust and Unfair Competition of the ABA. Member of advisory group to the American Law Institute Restatement of the Law of Unfair Competition. Member of the New York State Law Revision Commission. Editor, Model Jury Charges in Business Torts Cases. One of seven nominees for the New York Court of Appeals in 1998 as selected by the State Commission of Judicial Nomination.

Publications

Evidence, 70 Syracuse Law Review 1000 (2020)

The Attorney-Client Privilege and Its Application to Communications with Former Corporate Employees, 23 NY Business Law Journal 25 (NYSBA, Summer 2019)

What Happens in Vegas, Stays in Vegas? Asserting a Tort Claim in New York Courts Against a Foreign Corporation Arising from a New Yorker’s Out-of-State Accident Post-Daimler, 82 Albany Law Review 1139 (2019) (with Judge Mark Powers)

Review of Privileged Materials in Trial and Deposition Preparation of Witnesses in New York: When, If Ever, Will the Privilege Be Lost?, 38 Pace Law Review 437 (2018)

"Evidence" in PREPARING FOR AND TRYING THE CIVIL LAWSUIT, 2nd ed., revised (New York State Bar Association, 2018)

The Attorney-Client Privilege and Communications Between Company Employees and Their In-House Counsel, 22 NY Business Law Journal 37 (NYSBA, Winter 2018)

"Executive Branch: Need to Ensure Stability and Legitimacy in Issues of Succession to the Offices of Governor and Lieutenant Governor" in MAKING A MODERN CONSTITUTION: THE PROSPECTS FOR CONSTITUTIONAL REFORM IN NEW YORK (NYSBA, 2016) (Rose Mary Bailly and Scott N. Fein, eds.)

Attorney Client Privilege Update, 20 NY Business Law Journal 36 (NYSBA, Winter 2016)

"Evidence" in PREPARING FOR AND TRYING THE CIVIL LAWSUIT, 2nd ed., revised (New York State Bar Association, 2016)

Appealability of Evidentiary Rulings Made Before Trial on Motions in Limine, Leaveworthy, Vol. V, No. 3, Fall/Winter 2016 (New York State Bar Association)

Books

2002 Update to NO FAULT CASE HANDBOOK

No Fault Case Handbook, New York State Bar Association (1996)

Editor, New York Litigation Forms (with eds. Kevin J. English, Barry G. Saretsky, et al.)

Monopolies and Mergers: Cases and Materials

Editor-in-Chief, Model Jury Charges In Business Tort Cases

Presentations

February 2021

Professor Michael Hutter was appointed to the NY State Commission on Judicial Nomination by Senator Robert G. Ort, which Commission screens and determines the nominees for the Court of Appeals; reappointed to the Town of Bethlehem Ethics Board by the Bethlehem Town Board, and then elected Chair by the Ethics Board; and appointed as Chair of the NYSBA Trial Lawyers Section Trial Evidence Committee by Betty Lugo.

September 2020

Professor Michael Hutter authored an amicus curiae brief in Hewitt v. Palmer Vet. Clinic, an appeal in the NY Court of Appeals, arguing that the Court should modify NY common law and allow a person attacked by a dog while on commercial premises to sue the premises owner for negligence.

Professor Michael Hutter presented lectures on evidence and NY practice related topics to Academy of Trial Lawyers, Office of the NY Attorney General, Defense Research Institute, Albany County and Dutchess County Bar Associations.

Professor Michael Hutter lectured at the NYS Judicial Institute Annual Program for Newly Elected State Court Judges, Annual Summer Sessions and Lunch and Learn Programs on evidence related topics.

May 2019

Professor Michael Hutter received the President's Award from the Schenectady County Bar Association on May 16, 2019.

March 2019

Professor Michael Hutter moderated the panel "The Future of the Supreme Court Confirmation Process" sponsored by the Albany Law School chapter of the Federalist Society on March 19, 2019.

January 2019

Professor Michael Hutter was again invited to participate in the New York State Judicial Institute's New Judges Program, January 7-11, 2019. He also presented a webcast for New York judges discussing 2018 judicial decisions deciding no-fault law issues as part of the Judicial Institute's "Lunch and Learn" program.

Professor Michael Hutter presented at the January Meeting of the Capital District Trial Lawyers Association on January 29, discussing developments in 2018 in New York's automobile accident tort cases involving the serious injury limitation.

Professor Michael Hutter successfully represented the petitioners in a decision directing the New York State Joint Commission on Public Ethics to vote as to whether it should investigate a complaint against Joseph Percoco.

December 2018

Professor Michael Hutter presented a lecture on "Recent Developments in New York's No Fault Law" to the Suffolk Academy of Law on December 10, 2018.