John W. Bailey Law Blog

The debate still rages.  Is lead poisoning a devestating event which dooms a child to a lifetime of learning disabilites or is it an insignificant event which is being blown all out of proportion?  Albany, New York has been at the forefront of lead poisoning litigation for many years.  There appears to be no end in sight and the new "twist" is to bring suit against pediatricians who treated children 15 or 20 years... Read More

It is assumed that where a driver is convicted of driving while intoxicated and injures someone in an auto accident he is liable as a matter of law.  This is not necessarily true.  There are various situations where a driving while intoxicated conviction may not lead automatically to civil liability.  The "ins and outs" of New York law... Read More

Hurricane Irene has devistated all of upstate New York. We are ready to advise our existing clients as well as new clients on all of their insrance related questions.

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John W Bailey has 30 years of experience trying civil disputes accross a wide range of subjects.  Personal injury, property damage, insurance coverage disputes, commercial disputes and the disputes arising under municipal actions are all areas Bailey has litigated.  Bailey has also served as a judge for 8 years during the course of which he has successfully mediated hundreds of difficult cases.  Mr. Bailey is available and he will use his background, experience and impartiality to help mediate difficult cases.... Read More

A child who is sexually abused is likely to lead a life filled with profound emotional and psychological damage.  Bailey, Kelleher & Johnson has recently concluded 7 cases which involved children who were sexually abused while if foster care. Successfully prosecuting or defending a case of child sexual abuse requires experience and a complete understanding of how to verify a case and how to effectively work through the complicated issues.  If you or your child has been... Read More

Bailey, Kelleher & Johnson is an Albany, New York based law firm which has successfully attacked and defeated a Hudson Valley group of Sovereign Citizens.  The Sovereign group had filed billions of dollars in liens against numerous muncipalites and municipal officials.  Bailey filed a federal RICO suit against the group.  As a direct result federal law enforcement became involved.  The leading members of the group have been prosected and inprisoned or... Read More

Lead posioning litigation continues in upstate New York. Over the last 15 years Bailey, Kelleher & Johnson has worked tirelessly to defend its clients. Generally we represent landowners who are the target of lead posioning claims. In the early years the plaintiff's seemed to have the upper hand.  However, through perserverance and a refusal to quit we have seen the tide of the battle turn.  Now, we are seeing more outright defense verdicts and where there is... Read More

Preservation of evidence has finally become a hot topic in civil litigation in New York.  We are currently working on several products cases where the plaintiff had a clear opportunity to preserve critical evidence and failed to do so.  Some of the failures to preserve are so egregious that dismissal may be the only fair remedy.  In other cases we anticipate a "negative" charge to the jury.

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DNA evidence was once viewed as a tool used in criminal cases. We are increasingly finding that DNA evidence can be critical in the successful prosection or defense of a civil claim. If you want to know if a person touched a specfic item or location and if you act quickly enough, there is a good chance DNA evidence exits and can be preserved.

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Spoliation of evidence is a rapidly developing area of New York practice.  Courts are increasingly sanctioning parties and attorneys for improper preservation of evidence. Many courts have striken a parties complaint or answer where the spoliation has been deemed serious enough.  We are currently working on two very high exposure cases where we contend the plaintiffs, sophisticated commercial entites, disposed of and altered critical evidence.  We are seeking dismissal of the... Read More