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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:

 


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: Keyword Search: trial

1/21/2016
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Wrong View of Law Costs Client Other Side's Legal Fees

In a David v Goliath case I recently tried to verdict, the defendant was forced to pay my client's legal fees - because their lawyer was dead wrong on the law

Category: Keyword Search: trial

11/3/2015
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When Cases Degenerate to Throw at the Wall & See What'll Stick

Having just concluded a breach of contract trial on Long Island, I was struck by how my adversary reduced his argument to a shotgun approach

Category: Keyword Search: trial

12/19/2011
Jonathan Cooper
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How Failing to Preserve the Trial Record Ruined a NY Slip & Fall Case

Long Island, NY slip & fall attorney Jonathan Cooper explains how a plaintiff's failure to object to improper remarks ruined what may have been a valid case.

Category: Keyword Search: trial

8/24/2011
Jonathan Cooper
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Technicality Splits NY Appeals Court in Right to New Negligence Trial

Technicality Splits NY Appeals Court in Right to New Negligence Trial

Category: Keyword Search: trial

5/20/2009
Jonathan Cooper
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In the May 20 edition of the New York Daily News, it was reported that one of Britney Spears's former bodyguards has sued her for personal injuries that he allegedly sustained due to her negligence. In reading the article's description of this man's background, I was amazed that my gut almost instinctively rejected the merits of this man's claims - even though very little detail about the actual claims is given. And you know what? I imagine that most people reading that article felt the same way.

So, you ask, what was so troubling about the man's past that it turned me, a Long Island, New York personal injury lawyer into a hardened skeptic? He is clearly a very litigious guy, with two other lawsuits that are still pending, and a third work injury-related claim that was resolved some time ago. While it is questionable to what degree an attorney would be permitted to introduce evidence of the other claims at trial, there is a serious risk that a jury will take this new claim - no matter how legitimate - with more than a few grains of salt.

In addition, if you sue over a relatively minor injury to one part of your body, and then subsequently injure that same part of your body more severly later on, you may have unwittingly provided an important defense to the latter claim: that your injury was caused by the first incident rather than the second one. To summarize: before rushing head-first into litigation, you should strongly consider whether this case is really worthwhile; if you don't, it could compromise a more meaningful claim down the road.



Category: Keyword Search: trial

2/18/2009
Jonathan Cooper
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Just one week ago, I opined that Alex Rodriguez did the right thing by publicly admitting - albeit belatedly - about his use of performance enhancing drugs back in 2003, and likened it to Michael Phelps's decision to admit his wrongdoing in smoking a certain illicit substance at a party.

Well, it appears that I may have been a bit too quick out of the gate on that one, because as it turns out, A-Rod has failed rather miserably to fully explain his actions. To the contrary, he compounded his public relations image problems at a news conference earlier today by denying that he knew he was taking steroids (which strains credulity to say the least, given that they were apparently the absolute top-of-the-line performace enhancing drugs at the time), and blaming his poor choice to take the banned substances on youth and naivete, when it has already been well-documented that at the time he took the 'roids, he was already a veteran star player and a multimillionaire.

In my view, A-Rod's half-truths and white lies were and are so transparent that his prepared statement at today's press conference has been rightly criticized and mocked. The moral of the story is this: if you're gonna come clean, then go all the way; otherwise, just keep your mouth shut and say nothing. Going half-way with the truth is rarely a viable option, because it leaves you stuck straddling a proverbial barbed-wire fence of lies (i.e., you will be caught in your lies and no one will believe you) - and that will hurt far worse than if you just went over the fence and got a little cut up, or never tried to scale the fence at all.

Category: Keyword Search: trial

Labels: trial truth