Anthony H. Gair
Encyclopedia
Anthony H. "Tony" Gair is a New York
attorney
and Advocate
. He is a partner of the law firm Gair, Gair, Conason, Steigman, Mackauf,Bloom & Rubinowitz, which was founded by his parents in 1945. He looks for cases that are in the public interest. Notably, he represented the family of Amadou Diallo
in a case that spurred reform of the New York City Police Department
. He lives in New York City
.
from Long Island University
. In 1980 he graduated cum laude with a J.D.
from Thomas M. Cooley Law School
, and received his Master of Laws
from New York University School of Law
in 1985. He was admitted in 1980 to practice in New York and U.S. District Court, Southern and Eastern Districts of New York.
, who was shot 41 times by officers of the New York Police Department's Street Crimes Unit. The city of New York agreed to pay $3 million to the family of Amadou Diallo
. This amount is the largest amount that has ever been paid by the city of New York in a wrongful-death action for the death of a single individual with no dependents.
compensation); lastly, he was a street vendor earning $10,000 a year. But the city was eager to dispense with the high-profile case, which had inspired protests led by Al Sharpton
. The NYPD and the city
had come under heavy criticism for their handling of the investigation and their perceived insensitivity. Along with the rape of Abner Louima
, the Amadou Diallo
case came to symbolize a police department in need of reform.
, Johnnie Cochran
and Peter Neufeld
to represent their interests; however, in 1999 both of Mr. Diallo's parents ordered them replaced. In their stead Kadiadou Diallo hired Gair.
An issue arose between the new legal team, headed by Gair, and the Scheck team, which asserted $40,000 of legal fees. Gair agreed to reimburse those fees; however, in order to move forward with suit the Sheck's files needed to be transferred to Gair. The Gair team turned asked the court to order them moved, which the Scheck team felt a heavy-handed tactic. The real battle revolved around not the amount of the Scheck team's fees, but how they would be compensated. The manner of calculation would be the ultimate determiner of the amount. $40,000 was only a starting point upon which both parties agreed. A Scheck spokesperson felt, however, that they should be paid by a percentage of the judgment or settlement. But the Gair team felt the compensation should be paid on quantum meruit
, meaning a percentage calculated by determining the percentage of work each firm put into winning the final sum.
. Neither the NYPD nor the city admitted any wrongdoing, but they expressed with deep "regret what occurred and extend [our] sympathies to the Diallo
family." Mrs. Diallo originally sought $20 million in compensatory damages and $41 million in punitive damages. All parties reportedly agreed the settlement was just, including the officers, the city, the NYPD, and Diallo's estate. "What we lost cannot be replaced, but we agreed to join hands with the city and accept this closure," said Kadiadou Diallo. Mayor Michael Bloomberg
said: "It's just not a substitute for a human life. But it was a chapter out of our history and I'm just glad that we were able to come to a financial settlement with the family and let's get on with it."
founded Gair & Gair in 1945 when Harriet Gair (d. 2006) became partner in the firm. She had worked for Harry since she was fifteen. Harriet attended New York University School of Law
and received her LL.B. in 1940. She became managing partner in 1945. She was President of the New York
Women's Bar Association
, and remained counsel to the firm past 90 years of age.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and Advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
. He is a partner of the law firm Gair, Gair, Conason, Steigman, Mackauf,Bloom & Rubinowitz, which was founded by his parents in 1945. He looks for cases that are in the public interest. Notably, he represented the family of Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
in a case that spurred reform of the New York City Police Department
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
. He lives in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
.
Background
In 1971 Gair received his Bachelor of ArtsBachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Long Island University
Long Island University
Long Island University is a private, coeducational, nonsectarian institution of higher education in the U.S. state of New York.-History:...
. In 1980 he graduated cum laude with a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Thomas M. Cooley Law School
Thomas M. Cooley Law School
Thomas M. Cooley Law School is an American Bar Association accredited law school in the United States. Located in Michigan, its main campus is in Lansing, and its satellite campuses are in Ann Arbor, Auburn Hills, and Grand Rapids. Cooley plans on opening another satellite campus in Tampa Bay,...
, and received his Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1985. He was admitted in 1980 to practice in New York and U.S. District Court, Southern and Eastern Districts of New York.
Amadou Diallo case
Anthony Gair represented the mother of Amadou DialloAmadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
, who was shot 41 times by officers of the New York Police Department's Street Crimes Unit. The city of New York agreed to pay $3 million to the family of Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
. This amount is the largest amount that has ever been paid by the city of New York in a wrongful-death action for the death of a single individual with no dependents.
Early problems with calculating a remuneration
The financial calculation for remuneration of Diallo's death would be complicated: He had no wife nor any children; he was killed instantly (and thus ineligible for pain and sufferingPain and suffering
Pain and suffering is the legal term for the physical and emotional stress caused from an injury .Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring...
compensation); lastly, he was a street vendor earning $10,000 a year. But the city was eager to dispense with the high-profile case, which had inspired protests led by Al Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
. The NYPD and the city
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
had come under heavy criticism for their handling of the investigation and their perceived insensitivity. Along with the rape of Abner Louima
Abner Louima
Abner Louima is a Haitian who was assaulted, brutalized and forcibly sodomized with the handle of a bathroom plunger by New York City police officers after being arrested outside a Brooklyn nightclub in 1997....
, the Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
case came to symbolize a police department in need of reform.
First legal team led by Barry Scheck
Diallo's estate first hired Barry ScheckBarry Scheck
Barry C. Scheck is an American lawyer. He received national media attention while serving on O.J. Simpson's defense team, winning an acquittal in the highly publicized murder case. Scheck is the director of the Innocence Project and a professor at Benjamin N. Cardozo School of Law in New York...
, Johnnie Cochran
Johnnie Cochran
Johnnie L. Cochran, Jr. was an American lawyer best known for his leadership role in the defense and criminal acquittal of O. J...
and Peter Neufeld
Peter Neufeld
Peter Neufeld is an American lawyer and is most famous as a cofounder, with Barry Scheck, of the Innocence Project, located at the Benjamin Cardozo School of Law...
to represent their interests; however, in 1999 both of Mr. Diallo's parents ordered them replaced. In their stead Kadiadou Diallo hired Gair.
An issue arose between the new legal team, headed by Gair, and the Scheck team, which asserted $40,000 of legal fees. Gair agreed to reimburse those fees; however, in order to move forward with suit the Sheck's files needed to be transferred to Gair. The Gair team turned asked the court to order them moved, which the Scheck team felt a heavy-handed tactic. The real battle revolved around not the amount of the Scheck team's fees, but how they would be compensated. The manner of calculation would be the ultimate determiner of the amount. $40,000 was only a starting point upon which both parties agreed. A Scheck spokesperson felt, however, that they should be paid by a percentage of the judgment or settlement. But the Gair team felt the compensation should be paid on quantum meruit
Quantum meruit
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".In the United States, the elements of quantum meruit are determined by state common law...
, meaning a percentage calculated by determining the percentage of work each firm put into winning the final sum.
Gair firm takes lead of the case
Judge Lee Holzman held that Gair's counsel would be lead, which would put him in a more lucrative position relative to the other firms. His firm received 62.5 percent of the lawyers' fees (typically equal to a third of the settlement, which remained uncertain).Resolution for all parties
The case eventually led to a federal investigation and the disbandment of the NYPD's Street Crimes Unit. On January 6, 2004, Diallo's family agreed to a $3 million settlementSettlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
. Neither the NYPD nor the city admitted any wrongdoing, but they expressed with deep "regret what occurred and extend [our] sympathies to the Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
family." Mrs. Diallo originally sought $20 million in compensatory damages and $41 million in punitive damages. All parties reportedly agreed the settlement was just, including the officers, the city, the NYPD, and Diallo's estate. "What we lost cannot be replaced, but we agreed to join hands with the city and accept this closure," said Kadiadou Diallo. Mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
said: "It's just not a substitute for a human life. But it was a chapter out of our history and I'm just glad that we were able to come to a financial settlement with the family and let's get on with it."
Legal scion
Gair comes from a distinguished legal tradition. His father Harry A. GairHarry A. Gair
Harry A. Gair was in his time the United States most prominent trial Lawyer in the field of negligence, or accident law, and unequalled as a court room nemesis to opposing medical witnesses. He was the founder of the firm of Harry A. Gair later known as the firm of Gair & Gair and with the...
founded Gair & Gair in 1945 when Harriet Gair (d. 2006) became partner in the firm. She had worked for Harry since she was fifteen. Harriet attended New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
and received her LL.B. in 1940. She became managing partner in 1945. She was President of the New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Women's Bar Association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
, and remained counsel to the firm past 90 years of age.
Recognition
- Order of the Barristers
- American JurisprudenceAmerican JurisprudenceAmerican Jurisprudence is an encyclopedia of United States law, published by West. It was originated by Lawyers Cooperative Publishing, which was subsequently acquired by the Thomson Corporation. The series is now in its second edition, launched in 1962...
Award in Criminal ProcedureCriminal procedureCriminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
and Constitutional LawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
Quotes
- "I don't think there's any question that should we bring it in the Bronx it will remain in the Bronx," in reference to the jurisdictional wrangling for Amadou DialloAmadou DialloAmadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
's civil trial against the NYPD for wrongful death.
Selected writings
- Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery, Medical Malpractice Law and Strategy, Vol. XX, No. 2, December 2002.
- Presentation of Damages in a Personal Injury Case - The Plaintiff's Perspective, New York State Bar AssociationNew York State Bar AssociationThe New York State Bar Association , with 77,000 members, is the largest voluntary bar association in the United States.-History:The State Bar was founded with a constitution that dates to 1877...
, Trial Lawyers Section Digest, 2002. - Proving Dental Malpractice in a Case of Osteoradionecrosis Following Tooth Extraction, Medical Malpractice Law & Strategy Vol. XIX, No.8, June 2002.
- Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery, Medical Malpractice Law & Strategy, Vol. XVIII, No. 9, 2001.
- Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient, Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March 1999.
- New Frontier in Products Liability, New York Law JournalNew York Law JournalThe New York Law Journal, founded in 1888, is a legal periodical covering the legal profession in New York, United States. The newspaper covers legal news, decisions, court calendars, and legislation, and provides analysis and insight in columns written by leading professionals...
, September 16, 1996. - Personal Injury Litigation-Workplace Related Injuries, New York State Bar AssociationNew York State Bar AssociationThe New York State Bar Association , with 77,000 members, is the largest voluntary bar association in the United States.-History:The State Bar was founded with a constitution that dates to 1877...
, - Culpable Conduct/Comparative Fault Issues as Applicable to a Products Liability Case, Products Liability in New York, Strategy and Practice, New York State Bar AssociationNew York State Bar AssociationThe New York State Bar Association , with 77,000 members, is the largest voluntary bar association in the United States.-History:The State Bar was founded with a constitution that dates to 1877...
, 1997 - Prosecuting a Case of Failure to Diagnose Compartment Syndrome, Medical Malpractice Law and Strategy, Vol. XV, No. 12, October 1998
- Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty, Medical Malpractice Law and Strategy, 2000
- Chemotherapy: Failure to Properly Treat Extravasation of Doxorubicin, Medical Malpractice Law and Strategy, Vol. XVIII, No.10 August 2000
External links
- Biography at Gair, Gair, Conason, Steigman, Mackauf,Bloom & Rubinowitz
- Many details about the Amadou Diallo case are available at http://www.courttv.com/trials/diallo/