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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
March 14, 2023 | New York Law Journal
"The record is clear that the parties never agreed to a cap on fees and defendant did not eliminate any issues of fact concerning the amount of the fee estimate or explain what the pro rata share of fees would be," the Appellate Division, First Department court also wrote, in another part of the ruling.
By Jason Grant
8 minute read
March 10, 2023 | New York Law Journal
"There is no stated rationale as to why extreme and outrageous conduct would be a required element for both an intentional act as well as a negligent act," wrote appellate Justice Troy K. Webber. "As such, we now hold that extreme and outrageous conduct is not an essential element of a cause of action to recover damages for negligent infliction of emotional distress."
By Jason Grant
6 minute read
March 8, 2023 | New York Law Journal
"Mr. Hutcher says that this is some attempt to quell lawyers in their advocacy and lawyers will be chilled," said Randy Mastro, who is representing Madison Square Garden, during oral arguments before the Appellate Division, First Department court. "I have to say, you'll forgive me for saying this: But, to me, that's an insult to lawyers who do what we do."
By Jason Grant
9 minute read
March 7, 2023 | New York Law Journal
"Once you go down this road, where will it end?" said longtime Manhattan lawyer Larry Hutcher, who is suing MSG Entertainment Corp. "Will attorneys be barred from Starbucks, Target, or TopGolf only because they represent clients who allege to have been harmed in some manner?"
By Jason Grant
9 minute read
March 3, 2023 | New York Law Journal
The Bronx Supreme Court "providently exercised its discretion" in denying the injured plaintiffs' default-judgment motion "where defendants' insurance carrier was declared insolvent and placed into liquidation shortly after the commencement of this action," wrote the appeals panel.
By Jason Grant
5 minute read
March 1, 2023 | New York Law Journal
The Appellate Division, First Department's opinion on Tuesday said that beginning in January 2010 the attorney had misrepresented himself as retired or as an active military member in order to avoid complying with CLE requirements, and that in 2016 he'd received an "admonition" from a grievance committee "directing him to earn four CLE credits" but he never complied.
By Jason Grant
6 minute read
February 27, 2023 | New York Law Journal
The Appellate Division, First Department court also turned back the financing company's argument that Civil Practice Law and Rules 321(c), which stays an action when there's death, removal or disability of an attorney, should've paused the lawsuit.
By Jason Grant
6 minute read
February 23, 2023 | New York Law Journal
Davidoff Hutcher also asked in its complaint that the state Supreme Court schedule "a hearing on the reasonable attorneys' fees DHC is contractually entitled to as the prevailing party in this litigation."
By Jason Grant
3 minute read
February 22, 2023 | New York Law Journal
The bar association task force's proposed changes are "designed to modernize, rationalize and clarify New York's UCC," while preserving and, hopefully, expanding New York's status "as a commercial, financial and legal capital," according to a newly released 21-page report about the amendments.
By Jason Grant
4 minute read
February 17, 2023 | New York Law Journal
In ongoing legal battles over disclosure of officer-misconduct records after the repeal of a longstanding New York privacy law, a state appeals court on Thursday dealt a blow to government efforts to keep "unsubstantiated" misconduct claims out of the public eye.
By Jason Grant
7 minute read
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
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