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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:

 


10/25/2018
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This is Not What a Breach of Contract Action is For

Yesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.

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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

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10/30/2015
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Frivolous Defenses: Frivolous Lawsuits' Lesser Known Evil Kin

Unquestionably, there has been a lot of talk about frivolous lawsuits. But there is an equally nefarious counterpart that gets far less press: frivolous defenses

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9/1/2015
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Why NY Courts Won't Just Throw Out Frivolous Lawsuits

Just because it's obvious to you that the lawsuit is frivolous doesn't mean a court will just throw it out, says business litigation attorney Jonathan Cooper

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9/4/2012
Jonathan Cooper
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Just Buying a Defective Product in NY Doesn't Mean You've Hit Lotto

Just because you bought a defective product in NY doesn't mean you've hit the proverbial jackpot, explains Long Island, NY defective product lawyer Jonathan Cooper

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6/14/2012
Jonathan Cooper
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Queens Court: Transit Authority Has No Duty to Air Condition Subway Cars

Queens Court: Transit Authority Has No Duty to Air Condition Subway Cars

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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.

Category: Keyword Search: frivolous lawsuit

8/23/2009
Jonathan Cooper
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Sometimes the courts get it right - and for the right reason.

In Nutley v. Skydive the Ranch, the plaintiff suffered personal injuries when he was forced to rely on his secondary chute rather than on his primary parachute which had failed. In their motion to dismiss the complaint, the Skydive ranch pointed out to the Court that before he embarked on the skydive, the plaintiff had signed an agreement in which he expressly waived his right to sue for the ranch's negligence.

But that's not why the appellate court dismissed the case: under New York law, any contract or agreement between the owner or operator of a facility and a paying customer stating that the owner may not be held liable for its negligence is void and unenforceable (see NY General Obligations Law 5-326). Instead, the appellate court noted that since the plaintiff's claimed injury resulted from a risk that was open and obvious, and inherently part of, the activity of skydiving, the plaintiff voluntarily assumed this risk, and therefore the defendant Skydive ranch could not be held liable for his injuries.



Category: Keyword Search: frivolous lawsuit