Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected]. On Twitter, pls find him @JasonBarrGrant
August 04, 2022 | New York Law Journal
First Department Says Failure to Admit Guilt and Appeal of Sex Offenses Can't Lead to Higher Risk Designation"Here, defendant's admissions would be detrimental in any potential retrial if his conviction were reversed," said a five-justice panel of the First Department court in an opinion written by Justice Bahaati Pitt.
By Jason Grant
6 minute read
August 03, 2022 | New York Law Journal
$2M Malpractice Suit Against NY Lawyer Dismissed After Plaintiff Failed to Show Merit of Underlying CaseThe First Department court tossed out the legal malpractice action launched in 2019 by Dmitry Markov, who runs Dmitry Markov Coins & Medals, against Michael Barrows, now a name partner specializing in matrimonial law at Barrows Levy on Long Island.
By Jason Grant
5 minute read
August 02, 2022 | New York Law Journal
Veteran Manhattan Lawyer Suspended After 'Invading' Real-Estate Transaction Down Payment Held in EscrowThe attorney was suspended by the Appellate Division, First Department after it found that bank records, deposition testimony and written submissions to a grievance committee constituted "undisputed evidence that she converted and/or misappropriated the down payment, warranting her immediate suspension from the practice of law."
By Jason Grant
3 minute read
August 01, 2022 | New York Law Journal
Is a Model With an Agent a 'Freelancer'? First Department Kicks First-Impression Issue to Trial CourtThe Freelance Isn't Free Act's "text is silent as to how to factor an agent into the calculus of whether someone is a freelance worker," wrote Appellate Division, First Department Justice Peter Moulton in a signed, unanimous opinion that was joined by four justices.
By Jason Grant
6 minute read
August 01, 2022 | Law.com
Contempt Order Against State Agency Reversed After Trial Court Failed to Consider 'Willfulness'"A party cannot be held in civil contempt if it lacks the ability to comply," wrote the Florida First District Court of Appeal in a decision that reversed a contempt order the court said had "characteristics of both civil and criminal contempt sanctions."
By Jason Grant
5 minute read
July 28, 2022 | New York Law Journal
In Reciprocal Discipline, Veteran Securities Lawyer Suspended in New YorkThe attorney was given multiple suspensions in New Jersey, for various ethical breaches, including for representing clients in state and federal court while suspended and then telling ethics authorities in New Jersey that in the federal court action she was only present to provide "moral support," according to a decision.
By Jason Grant
5 minute read
July 27, 2022 | Law.com
Appeals Court: Parking Structure Can Qualify as 'Public Building' Under Governmental Immunity ActThe Colorado Governmental Immunity Act "does not define 'public building' or 'building,'" said the appeals court, but "relying on the plain meaning of the statutory language, and with the aid of well[-]recognized dictionaries, we conclude that the parking structure is a 'public building.'"
By Jason Grant
5 minute read
July 26, 2022 | New York Law Journal
Appeals Court: Lack of Willfulness, Short Delay in Answering Suit Means Defendant's Default in Commercial Suit Is VacatedThe Appellate Division, Second Department has ruled that builder company Urban Green Equities "established a reasonable excuse for its default" in the action.
By Jason Grant
3 minute read
July 26, 2022 | New York Law Journal
Suffolk County Legal Aid Society Debuts Weekly Radio Show Discussing Its Work With Special Guests"I think this is wonderful opportunity for us at Legal Aid to inform people about what we do, our mission and the current state of our criminal justice system," said Laurette Mulry, the group's attorney in charge and the host of the radio show.
By Jason Grant
2 minute read
July 25, 2022 | New York Law Journal
Buffalo Teachers Who Called In Sick After Shooting Threat Found to Be 'Unlawful Strikers'A New York appeals court on Thursday upheld an administrative ruling that said a group of Buffalo teachers and their union engaged in "an unlawful strike" when they called in sick the day after a school melee happened and a nonstudent combatant yelled out, "I'm coming tomorrow with a gun to shoot up this ... f****** school" and "[i]f you show up to work tomorrow, you're going to all die."
By Jason Grant
5 minute read