Faculty Information

  • 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.

Bo​oks

  • 2002 Update to NO FAULT CASE HANDBOOK (New York State Bar Association)

  • NO FAULT CASE HANDBOOK (New York State Bar Association, 1996)

  • Editor, NEW YORK LITIGATION FORMS (Lawyers Cooperative Publishing Co., 1995) (with eds. Kevin J. English, Barry G. Saretsky, et al.)

  • MONOPOLIES AND MERGERS: CASES AND MATERIALS (1981)

  • Editor-in-Chief, MODEL JURY CHARGES IN BUSINESS TORT CASES, (ABA, 1981)

Publications

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

  • The New York Law Journal in its Feb 4, 2015 edition published his bi-monthly Evidence column. This column addressed and criticized the recent First Department decision in Ambac v. Countrywide which recognized a broad new exception to NY's waiver by disclosure rule.

  • Excited Utterances and Present Sense Impressions - Time to Reevaluate?

  • Use of Convictions to Impeach in a Civil Action, New York Law Journal (July 30, 2013)PubArticleNY.jsp

  • Refreshing Recollection Doctrine Revisited, New York Law Journal (Dec. 6, 2012)

  • Inadvertent Waiver of the Attorney/Client Privilege, New York Law Journal (Oct. 4, 2012)

  • Scope of Waiver Effected by Disclosure of Attorney-Client Privileged Matter, New York Law Journal (Aug. 2, 2012)

  • Pommells: The Facts, Nothing But the Facts, 78 (no. 5) New York State Bar Association Journal 42 (2006)papers.cfm

  • COVENANTS NOT TO COMPETE: A USEFUL EXPLANATION INCLUDING DRAFTING (National Law Foundation, 2006)

  • Honor The Craft: The Judicial Legacy of Judge Matthew J. Jasen, 69 Albany Law Review 403 (2006)papers.cfm

  • Evidence (2004-2005 Survey of New York Law), 56 Syracuse Law Review 871 (2006)papers.cfm

  • Evidence (2003-2004 Survey of New York Law), 55 Syracuse Law Review 1005 (2005)papers.cfm

  • Evidence (2002-2003 Survey of New York Law), 54 Syracuse Law Review 601 (2005)papers.cfm

  • Impeachment of a Witness in a Civil Action: Proof of Prior Misconduct (Bad Acts), (Spring 2004) New York State Trial Lawyers Institute Bill of Particulars (2004)hutter-impeachment-of-a-witness-2004.pdf

  • Evidence (2001-2002 Survey of New York Law), 53 Syracuse Law Review 539 (2003)papers.cfm

  • Using Expert Testimony as a Basis for the Invocation of Res Ipsa Loquitor,(Fall 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-on-evidence-using-expert-testimony-2003.pdf

  • Plaintiff's Pre-Trial Statements and Expressions of Physical Sensations and Condition: The Questionable Status of New York's Rules Governing Their Admissibility, (Spring 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-plaintiff-pretrial-statements-2003.pdf

  • Hospital Records Entries, (Summer 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)hutter-on-evidence-hospital-record-entries-2003.pdf

  • Accident Reports and the Business Records Hearsay Exception: The Johnson v Lutz Judicially Created Requirement, (Winter 2002) New York State Trial Lawyers Association Bill of Particulars (2002)hutter-on-evidence-accident-reports-2002.pdf

  • Toure v. Avis and the Serious Injury Threshold: The Court of Appeals Giveth and Taketh Away, But Giveth More, (Fall 2002) New York State Trial Lawyers Association Bill of Particulars 39 (2002)hutter-toure-v-avis-rent-a-car-systems-2002.pdf

  • Evidence, (2000-2001 Survey of New York Law), 52 Syracuse Law Review 397 (2002)papers.cfm

  • Tyrrell v. Wal-Mart Admissibility of Employee Statement Regarding Spills in Slip and Fall Cases, (Summer 2002) New York State Trial Lawyers Association Bill of Particulars 55 (2002)hutter-tyrrell-v-walmart-2002.pdf

  • Chapter: Conduct of the Hearing in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)papers.cfm

  • Appendix A: Evidence in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)

  • NO-FAULT SERIOUS INJURY (National Law Foundation, 2002)

  • 2002 Update to NO FAULT CASE HANDBOOK (New York State Bar Association)

  • EMPLOYEE COVENANTS-NOT-TO-COMPETE (Albany Law School, Institute of Legal Studies, 2001)

  • Contents of Writing, Recordings, and Photographs, in EMERGING PROBLEMS WITH THE FEDERAL RULES OF EVIDENCE, 3rd ed., (Lexis, 1998) at 387hutter-emerging-problems-under-federal-rules-1998.pdf

  • Hearsay Update in POLITICAL EVIDENCE (New York State Bar Association, 1996)

  • NO FAULT CASE HANDBOOK (New York State Bar Association, 1996)

  • Government Liability and Immunity from Personal Injury Claims, in THE 1996 WARREN M. ANDERSON LEGISLATIVE BREAKFAST SEMINAR SERIES (Government Law Center of Albany Law School, 1996) at 43papers.cfm

  • Government Investigative Reports: a New Approach for Their Admissibility in State Courts, Trial Lawyers Section Digest (Trial Lawyers Section, New York State Bar Association) (no. 33) March 1996, at 1hutter-government-investigative-reports-1996.pdf

  • Hearsay: the Principal Exception, in PRACTICAL EVIDENCE (New York State Bar Association, 1995)

  • No Fault Law Update, in AUTOMOBILE INSURANCE LAW (New York State Bar Association, 1995)

  • Evidence, (1994-1995 Survey of New York Law), 46 Syracuse Law Review 601 (1995)papers.cfm

  • Editor, NEW YORK LITIGATION FORMS (Lawyers Cooperative Publishing Co., 1995) (with eds. Kevin J. English, Barry G. Saretsky, et al.)

  • Revision of Chapters 2, 14, 57 and 75, Weinstein-Korn-Miller, NEW YORK CIVIL PRACTICE (Matthew Bender, 1987-1996)

  • Developments Re: Expert Testimony Under the Federal Rules of Evidence, in EXPERT WITNESSES (NYSBA, 1987)

  • Protecting Software, in COMPUTER LAW (New York State Bar Association, 1987)

  • Business Torts, in ACTIONS AND PROCEEDINGS (Callaghan, 1985)

  • Drafting Enforceable Noncompetition Agreements,4 Legal Notes and Viewpoints Quarterly 73 (1983)hutter-drafting-non-competition-agreements-1984.pdf

  • Drafting Enforceable Employee Non-Competition Agreements to Protect Confidential Business Information: A Lawyer's Practical Approach to the Case Law, 45 Albany Law Review 311 (1981)hutter-drafting-employee-non-competition-agreements-1981.pdf

  • MONOPOLIES AND MERGERS: CASES AND MATERIALS (1981)

  • Remedies in Trade Secret Cases, in PROTECTING TRADE SECRETS (PLI, 1981)

  • Editor-in-Chief, MODEL JURY CHARGES IN BUSINESS TORT CASES, (ABA, 1981)

  • Pursuing Ex-Employees Who Misappropriate Trade Secrets: Pre-trial Considerations, 6 Litigation 39 (1980)

  • DISCUSSION OF CERTAIN RECOMMENDATIONS OF THE NATIONAL COMMISSION FOR THE REVIEW OF ANTITRUST LAWS AND PROCEDURES, Prepared for the ABA Litigation Committee (March 1979)

  • DISCUSSION OF CITY OF LAFAYETTE V. LOUISIANA POWER AND LIGHT, Prepared for the office of the New York Secretary of State (February 1979)

  • Trade Secret Misappropriation: A Lawyer's Practical Approach to the Case Law, 1 Western New England Law Review 1 (1978)papers.cfm

  • "Dirty Tricks" and Section One of Sherman Act: Federalizing State Unfair Competition Law, 18 Boston College Industrial and Commercial Law Review 239 (1977)papers.cfm

  • "Kelley v. Johnson" and Tonsorial Tastes: The Death Knell of Substantive Due Process, 41 Albany Law Review 411 (1977)papers.cfm

  • Book Review, (with Maleski) reviewing PRODUCTS LIABILITY: CASES AND MATERIALS, 65 Georgetown Law Journal 865 (1977)

  • Chapters, No Fault Law Update in DECISION (New York State Trial Lawyers Association) annually, 1991-2003

  • Editor-in-Chief, Business Torts Newsletter * Previewed in Preview of United States Supreme Court Cases:

Forthcoming Publications

Selected Achievements

  • Professor Michael Hutter and Professor Patrick Connors participated in the annual meeting of the 4th Judicial District Federated Bar Association held in Montreal on April 29-30. They were invited to give presentations on developments in New York Evidence and New York Civil Practice, respectively. Also presenting at the meeting was Hon. Karen Peters, the Presiding Justice of the Appellate Division, Third Department, and Claire Gutekunst, President-Elect of the NY State Bar Association.

  • Professor Michael Hutter participated as a panelist for "Roundtable: How Historians Use Legal Materials & How Lawyers Use Historical Materials," a program put on by the University at Albany Department of History and Albany Law School on April 28, 2016.

  • Professor Michael Hutter presented a New York CPLR Update for Albany Law alumni in New York City on April 27, 2016.

  • ​Professor Michael Hutter presented an Evidence Update for the Albany County Bar Association membership.

  • Professor Michael Hutter submitted an amicus brief in the New York Court of Appeals case Ambac Assurance Corporation v. Countrywide Home Loans, Inc. on March 17, 2016.

  • Professor Michael J. Hutter presented a 2014 CPLR Update to the Academy of Trial Lawyers. His materials were distributed statewide to the Academy's membership.

  • Professor Hutter presented "No Fault and Related Tort Issues" before the Nassau County and Suffolk County Academy of Law on June 11 and 26, 2014.
  • The Appellate Division, Third Department decided the World Trade 9/11 case where Professor Hutter represented on a pro bono basis a volunteer who was denied benefits. The Court accepted his arguments and issued a major decision concerning workers' compensation benefits, reversing the Board and awarding benefits.
  • Professor Michael Hutter was invited to present "Developments in Electronic Evidence for Family Court Practitioners" in Syracuse, N.Y.

  • Professor Michael Hutter testified on behalf of Court of Appeals nominee Sheila Abdus-Salaam on April 30, 2013.
  • Professor Michael Hutter will serve as president of the Albany County Bar Association for the next year. He was elected vice president in January 2011 and served as president-elect for the 2012 term. Justice John T. Casey '49 swore in Professor Hutter at a ceremony on Jan. 16, 2013.
  • Professor Michael Hutter gave a presentation on "Expert Testimony and Related Discovery Issues at the annual meeting of the Association of Justices of the Supreme Court of the State of New York on Oct. 10, 2012. He also delivered his annual updates on Evidence and No Fault/Serious Injury for the New York Academy of Trial Lawyers on Oct. 5, 2012.

  • Professor Michael Hutter pre​sented two sessions on Evidence, Torts and Negligence at Albany Law School’s CLE in Saratoga Program in Saratoga Springs, N.Y., on Aug. 10.

  • Professor Hutter presented at a program for newly elected state judges conducted by the State Judicial Institute, working with an Appellate Division Judge and a Supreme Court Judge.
  • Professor Michael J. Hutter presented a 2014 No Fault/Serious Injury Update to the Capital District Trial Lawyers Association at its Annual Meeting.

  • Professor Michael J. Hutter presented at the request of the NY State Bar Association a Memorial to Prof Siegel at the NYSBA's Annual Meeting before the House of Delegates.

  • Two of Professor Hutter's prior Evidence columns were the basis of two evidence legislative proposals which are part of the Office of Court Administration's 2015 Legislative Program.
    One proposed bill proposes for New York a new hearsay exception for agent/employee admissions, which tracks Prof Hutter's call for legislative action to do away with NY's present archaic law on the subject.  The other proposed bill proposes an amendment to NY's attorney-client privilege dealing with waiver by disclosure, intentional or inadvertent disclosure, which tracks FRE 502, as urged by Proffessor Hutter.

  • Professor Michael J. Hutter has been appointed Chair of a subcommittee of the State Bar's CPLR Committee to study and report on a legislative proposal to change or modify New York's  present common law rules governing the proper foundation for an expert's opinion.

  • Professor Michael J. Hutter's​ article - The case for Adoption of the Uniform Trade Secrets Act, published in 10 Alb. L.J. Tech and Science 1 - was cited favorably in the Wright Miller Federal Practice and Procedure Treatise.

  • Professor Michael J. Hutter has been appointed to the Advisory Group (Members Consultative Group) for the new Restatement (Third) of Conflicts of Law.

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