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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto 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:

 


11/29/2010
Jonathan Cooper
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In Partisan Vote, CPSC Approves New Consumer Website for Product Complaints

Author of the Free Guide to Defective Product Cases in New York, "Why Are There So Few Successful Defective Products Lawsuits?" (www.ProductsLiabilityBook.com), Long Island and Queens defective products lawyer Jonathan Cooper discusses the announcement of the launch of the Consumer Products Safety Commission's new consumer complaints database, www.saferproducts.gov. For additional information on this topic, please contact Jonathan Cooper directly at 516-791-5700.

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8/9/2010
Jonathan Cooper
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Fan Hit By Broken Bat Sues NY Mets, MLB and Bat Manufacturer For Defective Bats

Long Island, New York accident and defective product attorney Jonathan Cooper discusses a product liability case that was recently brought against Major League Baseball the New York Mets and a baseball bat manufacturer by a fan who was hit in the face by a broken bat, and suffered severe personal injuries. For additional information on how product liability actions are analyzed under New York law, please download a Free copy of Jonathan Cooper's book, Why Are There So Few Successful Defective Products Lawsuits? from www.ProductsLiabilityBook.com, or contact Jonathan Cooper directly at 516-791-5700.

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6/30/2010
Jonathan Cooper
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When Companies (Dell) Resort to Absurdities to Conceal Defective Product Design

Long Island, New York defective design and product lawyer Jonathan Cooper discusses how the attorneys prosecuting the defective design claims against Dell computer revealed the sordid details of the computers' failures, and how this provides a textbook example of how to prove a defective design claim under New York law. For additional information on how to prove a defective design claim under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-that-a-product-was-defectively-designed-under-ny-law.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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5/21/2010
Jonathan Cooper
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In Defective Design Case, NY Court Raises Award from $500,000 to $1.25 Million

In a May 11 decision regarding a products liability case that was tried to verdict, New York's highest court upheld a trial court's decision to raise the jury's award of $500,000 to $1.25 million. For additional information on products liability cases under New York law, readers are encouraged to order a Free copy of Long Island, New York product liability attorney Jonathan Cooper's book, Why There Are So Few Successful Defective Product Lawsuits from www.ProductLiabilityBook.com, or by contacting Jonathan Cooper directly at his Long Island office at 516.791.5700.

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4/22/2010
Jonathan Cooper
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NY Jury Finds Exercise Chair Lacked Adequate Warning, But Dismisses Case Anyway

In this post, Long Island, New York defective consumer product lawyer Jonathan Cooper discusses how in some cases, a jury can find that a product was defective, but the plaintiffs will still lose their defective products lawsuit. For additional information on this topic, please download a copy of Jonathan Cooper's Free book, "Why There Are So Few Successful Defective Products Lawsuits" from www.ProductsLiabilityBook.com.

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2/25/2010
Jonathan Cooper
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Preemption: Why Some Failure to Warn Claims in NY Are Barred By Federal Law

In this article, Long Island, New York defective products lawyer Jonathan Cooper discusses how the doctrine of Federal Preemption effectively bars some failure to warn claims. For additional Free information on defective products lawsuits generally, and how they operate under New York law, please visit www.ProductsLiabilityBook.com, or contact Mr. Cooper directly at his Long Island office at 516.791.5700.

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2/7/2010
Jonathan Cooper
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Toyota either has, or is about to learn, that the problem with going to desperate measures to conceal design defects with your product lines is that you can go too far, and then get caught in your own web of lies. As noted in a New York Times editorial that was published this past Friday, Toyota's claim that the federal safety agency had found no defects with their cars where the floor mat was compatible with the vehicle and properly secured was patently false.

Now, Toyota has essentially been forced to issue a product recall of over 4 million vehicles, roughly 3 times the number of vehicles it sold in North America in the past year. And, looking forward, I imagine this is only a small part of Toyota's problem, because I don't see how anyone in their right mind would trust a representation from either Toyota or the government (which, in fact, did look the other way on some of these problems until they mushroomed) that these defective designs, whether with regard to the sudden acceleration, the "sticky" gas pedals, or problematic driver-side mats had been remedied, and the cars were once again safe to be driven.

Stated differently, how can Toyota convince anyone to buy one of their products?



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1/29/2010
Jonathan Cooper
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Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement

In deciding the defendants' motion to dismiss in a construction site accident case that was handed down on January 19, New York's Appellate Division, Second Department clarified what the effects are of a plaintiff's attorneys admissions that he made during his opening statement to the trial jury. For additional information on this and other topics pertaining to small business litigation, personal injury and defective products under New York law, please visit www.JonathanCooperLaw.com.

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12/24/2009
Jonathan Cooper
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CPSC Launches New Product Registration Initiative - But They Can - And Should - Do Better

In this article, Long Island, New York children's safety and defective products attorney Jonathan Cooper discusses how the CPSC's newest initiative to improve product registrations is welcome, but falls short of the mark in enhancing the defective product recall process. For additional information on these topics, please download Jonathan Cooper's Free eBook entitled "Why Are There So Few Successful Defective Products Lawsuits?" from www.ProductLiabilityBook.com.

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11/24/2009
Jonathan Cooper
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CPSC Announces Largest Defective Children's Crib Recall Ever

Published author of the Insider's Guide to Product Liability Claims entitled "Why There Are So Few Successful Defective Products Lawsuits," discusses the largest children's crib recall in history. For additional articles and valuable information on crib recalls and other defective product recalls generally, please visit Long Island, New York Defective Products Lawyer's website and blog at www.JonathanCooperLaw.com.

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9/21/2009
Jonathan Cooper
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For those who have little or no faith in our jury system, take notice. Sometimes, juries get it absolutely right.

Recently, a New York jury concluded that a chemical manufacturer was not responsible (or "liable," in legalese) for an electrical worker's injuries that were sustained when he sprayed the defendant's degreaser while leaning against the top of a utility pole that he was attempting to repair, and then suffered a severe shock.

Although the plaintiff contended that the spray did not adequately warn him that the spray could conduct electricity, and threfore, that there was a risk of sustaining a shock, the defense pointed out that the plaintiff had stepped out of his protective rubber basket, and was not wearing appropriate protective gloves. In short, the jury found that the plaintiff was responsible for his own accident.

This story is yet another example of why there are so few successful defective products lawsuits.

 





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8/6/2009
Jonathan Cooper
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Earlier today, in conjunction with the launch of its campaign to prevent re-sellers of consumer products from introducing into the stream of commerce various products that were the subject of safety recalls (an earlier study concluded that almost 75% of re-sellers failed to comply with the Federal law prohibiting the re-sale of recalled consumer products) the U.S. Consumer Products Safety Commission released its Top Ten List of Recalled Children's Products.

Interestingly, this announcement does not clarify why these particular products made the "Top Ten" list. While some may be inclined to think that this is a cheap marketing gimmick, or a vain attempt at humor (ala David Letterman), my reading of the description of incidents that led to the recall of these dangerous products convinces me that this is not the case. The distinguishing characteristic of these products? Unlike many other consumer safety recalls, the design defects in these particular products (mostly defective cribs) led to several wrongful deaths.

That said, I am still troubled by a few aspects of the CPSC's press release. One, if the stated goal of the Top Ten List is to garner and focus the public's attention on the unique dangers presented by these particular children's products, then they should say so. And rather than just issue a simple press release, they should broadcast this list all over the news, and post videos on the internet that demonstrate the manifest dangers of these products. Second, if the government went to the trouble of conducting a study roughly ten years ago which assessed whether re-sellers of consumer products were compliant with Federal law barring the re-sale of recalled products, why wasn't a companion study done to assess what measures could be implemented to improve compliance. Wouldn't that have been more important than the first study?

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7/28/2009
Jonathan Cooper
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The 5 Ways To Prove Your Defective Products Claim Under New York Law

In this blog article, published author of Why There Are So Few Successful Defective Products Lawsuits, and Long Island, New York products liability lawyer Jonathan Cooper explains the 5 essential causes of action, or claims, that are typically brought in lawsuits involving a dangerous product that caused personal injuries. For additional information, please visit www.JonathanCooperLaw.com

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