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 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:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
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The Single, Best Way to Protect Your Broker's CommissionsIf you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.
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Why Documents Alone Rarely Get Outright Dismissal of a CaseDocumentary 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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Two (Rare) Times Punitive Damages Claims Can Succeed in NYProving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceed
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Does Bankruptcy Immunize Company From Non-Compete Claims?When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case moot
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Bad Faith Found, Allstate Liable for Consequential DamagesI found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim
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How NY's High Court Made It Easier to Prove/Win Fraud ClaimsA few years back, NY's Court of Appeals went out of its way to allow a fraud claim to proceed, opening the door for other, similar claims, says Jonathan Cooper
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The Best Defense to Tortious Interference Claims in New YorkWhen it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper
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When Fiduciaries Conceal Evidence in Response to a SubpoenaA NY appeals court held that a fiduciary - even a non-party - can be liable for withholding or spoliating evidence in response to a subpoena, says Jonathan Cooper
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The Most Important Factor You Need in Order to Prove Waiver as a DefenseThere is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper
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Different Ways an Insurance Broker Can Be Held Liable in Negligence Under NY LawThere are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper
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How Employee Recovered Commissions Earned Post-TerminationA poorly drafted employment agreement allowed a former employee's claim to recover commissions that were earned post-termination to survive dismissal
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How a Website Alone Can Subject You to Being Sued in NYAs we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.