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Law Offices of Jonathan M. Cooper

Long Island & Queens, New York Negligent Supervision, Defective Product & Accident Lawyer Blog


The blog by published author of the Free book on New York accident claims, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," as well as the New Yorker's guide to defective product claims, "Why Are There So Few Successful Defective Products Lawsuits?" is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.

For additional information on any of these topics, readers are encouraged to download these Free e-books on New York personal injury claims

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6/20/2017
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When Clients Lie - And Get Caught

A school bullying case we handled ended in disappointing fashion. And the outcome could have been far better for the clients - if only they hadn't lied.

Category: School Negligence / Personal Injury

5/15/2017
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The Noncompete Case Had Huge Holes. It Almost Didn't Matter

One of the most frequently overlooked aspects of a lawsuit is that fundamental question as to how likeable - or un-likeable - a client is to a court or jury

Category: Non-Compete & Employment Agreements

5/9/2017
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Court: Just Because Non-Compete Says It Doesn't Make it So

A recent decision from a Massachusetts trial court declining to issue a TRO barring a former employee from taking a new job is instructive for employers

Category: Non-Compete & Employment Agreements

3/31/2017
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Can Existing Employees Be Forced to Sign Non-Competes in NY?

The answer as to whether an employer can force their employees to sign a non-compete mid-stream is a bit complicated, and depends on your jurisdiction

Category: Non-Compete & Employment Agreements

3/30/2017
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3 Best Ways to Protect Trade Secrets When Employees Resign

There are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan Cooper

Category: Non-Compete & Employment Agreements

1/26/2017
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NY Appeals Court: Firing Without Cause Vitiates Non-Compete

In a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-compete

Category: Non-Compete & Employment Agreements

8/23/2016
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Is a Non-Solicit Clause Synonymous with a Non-Compete?

In a hot-off-the-presses decision striking down a noncompete, a Wisconsin appeals court broadens the term far beyond how it's been understood elsewhere, like NY

Category: Non-Compete & Employment Agreements

6/29/2016
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How a NY Contractor Was Bilked Out of Fees for "Extra Work"

This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper

Category: Breach of Contract

6/28/2016
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Bad Law Forces Court to Deny Insured Recovery of Legal Fees

Despite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees

Category: Breach of Contract

6/27/2016
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Did Schneiderman Go Too Far in Jimmy John's Noncompete Fight

On June 22, AG Schneiderman issued a press release touting the settlement he reached with Jimmy John's over their non-competes. But did he go too far?

Category: Non-Compete & Employment Agreements

6/7/2016
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When Schools Take the Anti-Bullying Laws Too Far

There comes a point at which well-meaning schools can actually take anti-bullying laws too far, says NY school bullying lawyer Jonathan Cooper

Category: School Negligence / Personal Injury

6/2/2016
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NY Court: E-Mail Alone Constitutes Valid Written Agreement

Surprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law

Category: Breach of Contract

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6/2/2016
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New Study on How Schools Fail at Fighting Bullying

A recent study out of Kentucky lays out some of the primary reasons that schools across the country have seen only limited success at stemming bullying

Category: School Negligence / Personal Injury

5/20/2016
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New WH Report Signals Changes to Non-Competes Are Coming

A May, 2016 report from the White House lays out in broad terms its view on how the states should impose further limits on non-competes, says Jonathan Cooper

Category: Non-Compete & Employment Agreements

4/21/2016
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Why "Merely Speculative" Damages Means You Lose in Court

There are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper

Category: Breach of Contract

3/30/2016
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NY Court: Financial Advisors Aren't Professionals

While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued

Category: Breach of Contract

3/30/2016
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How One State Nails Employers Who Go Too Far on Non-Competes

One State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan Cooper

Category: Non-Compete & Employment Agreements

3/29/2016
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The Single, Best Way to Protect Your Broker's Commissions

If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.

Category: Breach of Contract

3/22/2016
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Why Documents Alone Rarely Get Outright Dismissal of a Case

Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan Cooper

Category: Business Litigation

3/14/2016
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Two (Rare) Times Punitive Damages Claims Can Succeed in NY

Proving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceed

Category: Tortious Interference

3/10/2016
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Does Bankruptcy Immunize Company From Non-Compete Claims?

When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case moot

Category: Non-Compete & Employment Agreements

3/9/2016
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Bad Faith Found, Allstate Liable for Consequential Damages

I found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim

Category: Breach of Contract

3/8/2016
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How NY's High Court Made It Easier to Prove/Win Fraud Claims

A few years back, NY's Court of Appeals went out of its way to allow a fraud claim to proceed, opening the door for other, similar claims, says Jonathan Cooper

Category: Breach of Fiduciary Duty

3/7/2016
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The Best Defense to Tortious Interference Claims in New York

When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper

Category: Breach of Contract

3/4/2016
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When Fiduciaries Conceal Evidence in Response to a Subpoena

A NY appeals court held that a fiduciary - even a non-party - can be liable for withholding or spoliating evidence in response to a subpoena, says Jonathan Cooper

Category: Breach of Fiduciary Duty