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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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7/18/2018
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New Damages Rule for Trade Secret, Unjust Enrichment Claims

In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal.

Category: Non-Compete & Employment Agreements

6/12/2018
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Why Workforce Mobility Act's Noncompete Ban Fails - Badly

Congress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why.

Category: Non-Compete & Employment Agreements

6/5/2018
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One Area Where Courts Will Favor - and Enforce - Noncompetes

Although, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements

Category: Non-Compete & Employment Agreements

5/31/2018
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Claim Filed for Down Syndrome Child Abused by School Aide

Recently, in upstate New York, a claim was filed on behalf of a 6 year-old child with Down Syndrome was repeatedly slapped by a teacher's aide

Category: School Negligence / Personal Injury

5/30/2018
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How Negligence v. Contract Breach Can Mean Winning or Losing

In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing

Category: Breach of Contract

5/29/2018
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When a Third Party Can Recover for Breach of Contract in NY

There are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract

Category: Breach of Contract

5/24/2018
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Can You Be Liable for Hurting a Seller's Amazon Ranking?

A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking

Category: Breach of Contract

5/14/2018
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Is PA Going to Join States Banning Non-Competes?

PA's House Bill 1938, which was introduced a number of months ago, seeks to ban nearly all non-competes, and to prevent employers from contracting around it

Category: Non-Compete & Employment Agreements

5/14/2018
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Can You Be Liable for Texting Someone Who is Driving?

A May 4 decision from one of NY's appellate courts addresses whether one can be held liable for texting someone they know is driving - and gets into an accident

Category: Car Accidents

5/10/2018
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-Competes

Vermont Draft Bill H.556 seeks to ban non-competes, other than limited circumstances, such as the sale of a business or the dissolution of a partnership

Category: Non-Compete & Employment Agreements

5/3/2018
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In Rare Move, Court Strikes Down Non-Compete From the Get-Go

It's not every day that you see a court strike down a non-compete in its entirety - and certainly not before discovery. Yet that's precisely what this Court did

Category: Non-Compete & Employment Agreements

3/29/2018
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12 y.o. Girl Commits Suicide Following Bullying at School

In another sign that something serious is amiss with the educational system, a 12 y.o. girl recently committed suicide after egregious and relentless bullying

Category: School Negligence / Personal Injury

3/27/2018
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How Avenatti is Making the Wrong Argument in NDA Breach Case

Objective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable

Category: Breach of Contract

3/6/2018
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When Case Developments Make You Look Smarter Than You Are

3 weeks ago, I wrote that IBM's lawsuit against Microsoft was "inane," and should be settled by briefly sidelining Ms. McIntyre. That's exactly what happened

Category: Non-Compete & Employment Agreements

3/6/2018
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NJ Bill Proposes Very Strict Limits on Non-Competes

A few months ago, NJ's legislature proposed some of the strictest limits on non-compete agreements in the country. These bills do raise lots of questions.

Category: Non-Compete & Employment Agreements

2/13/2018
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Why Yesterday's IBM v. Microsoft Non-Compete Suit is Inane

Yesterday, IBM sued Microsoft for poaching its chief diversity officer, Lindsay-Rae McIntyre, in violation of her non-compete with IBM. The lawsuit is inane.

Category: Non-Compete & Employment Agreements

2/12/2018
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A New Solution for Students Repeatedly Bullied At School?

A new Florida bill proposes to let bullied students escape the bullying by transferring out of public school and attending private school on a voucher

Category: School Negligence / Personal Injury

2/12/2018
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Why This Proposed Non-Compete Legislation is So Misguided

A new proposed bill seeking to outlaw non-compete agreements in limited circumstances is terribly misguided, explains NY non-compete attorney Jonathan Cooper

Category: Non-Compete & Employment Agreements

1/30/2018
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NY Court: Suing to Rescind Contract Doesn't Equal Breach

A few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breach

Category: Breach of Contract

1/24/2018
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With Non-Competes, Choose to Win the War, Not the Battle

Following a two-day hearing in a bet-the-business case, we successfully resolved a non-compete case for our clients by focusing on their long-term plans

Category: Non-Compete & Employment Agreements

12/12/2017
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PA Court: Noncompete Only Starts to Run from Injunction

In a huge decision, a Pennsylvania appeals court ruled that the clock on a former employee's non-compete started to run from the date of the court's injunction

Category: Non-Compete & Employment Agreements

12/12/2017
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No, My Firm's Fees on Noncompetes Are Not an Opening Bid

In law, just as in any other business, it's important to know when to push a client away. And that's precisely what happened to me yesterday. And I was happy.

Category: Non-Compete & Employment Agreements

11/29/2017
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When Hold Harmless Clauses Will Be Voided By New York Law

In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical

Category: Breach of Contract

11/29/2017
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Distinguishing Indemnity From Additional Insured in Contract

In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical

Category: Breach of Contract

11/14/2017
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Why the City is Likely Immune to Daycare Negligence Claims

One of the biggest hurdles to recovering damages for daycare negligence is getting past the special duty requirement, explains Jonathan Cooper

Category: School Negligence / Personal Injury