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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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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

11/8/2017
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Can Work Done in the Past Support a New Agreement?

A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case

Category: Breach of Contract

11/8/2017
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How to Prove a Breach of Contract Case in New York

What are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?

Category: Breach of Contract

11/3/2017
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When Employees Can (& Can't) Be Forced to Sign a Non-Compete

Different jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete

Category: Non-Compete & Employment Agreements

11/3/2017
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Can a Doctor Be Held to a Non-Compete in New York?

For years now, there has been great disagreement between the various states as to whether patient choice should trump a doctor's non-compete agreement

Category: Non-Compete & Employment Agreements

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10/16/2017
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When Corporate Officers Can Be Held Personally Liable in NY

A recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking

Category: Breach of Contract

8/15/2017
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NY Federal Judge Lays Out Blueprint to Defeat a Non-Compete

In an epic takedown of a company's claim that departing employees violated their non-competes, a NY Federal judge laid out a blueprint for how to beat them.

Category: Non-Compete & Employment Agreements

8/8/2017
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8th Cir.: Independent Contractor's Non-Compete Went Too Far

A hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case

Category: Non-Compete & Employment Agreements

7/24/2017
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How School Bullying Statistics Are Far Worse Than They Look

The numbers suggest that bullying across New York's public schools isn't all that bad. But if you scratch the surface, the numbers tell quite a different story

Category: School Negligence / Personal Injury

7/1/2017
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The Biggest Mistake You Can Make When Negotiating Contracts

There is one, overriding, all-encompassing, unfortunate mistake that companies & individuals miss when negotiating contracts - and it's largely avoidable.

Category: Non-Compete & Employment Agreements

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