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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Darn, Missed the Deadline To Sue. Or Did You?The continuous representation doctrine offers an important way around the time limits set for bringing suit in New York, explains Jonathan Cooper.
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When Third Parties (aka Non-Parties) Can Enforce a Contract Under NY LawStrange as it may sound, there are times that non-signatories to an agreement can still enforce the contract against the parties, explains Jonathan Cooper
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Court: NYC Liable for Private School Tuition of Disabled Bullied GirlA hot-off-the-presses decision from a NY Federal Appeals court held NYC liable to pay for the private school tuition of a disabled girl who was bullied
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Wrong View of Law Gets Client Hit With Other Side's Legal FeesIn 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
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How an Employee Manual's Whistleblower Clause Was WorthlessA NY trial court's decision to dismiss a bank employee's breach of contract & wrongful termination claim serves a clear warning to at-will employees everywhere
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Unpaid Commissions Claim Survives, Despite Lack of WritingA New York Appellate Court refused to dismiss the unpaid commissions claim of an at-will employee, even though the agreement wasn't reduced to writing
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No Written Agreement? No Problem, Says NY CourtJust because your agreement wasn't reduced to writing doesn't necessarily mean that you don't have to pay for services received, says Jonathan Cooper
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Westchester Case Lays Out Paradigm for Piercing Corp. VeilIn a case with salacious - and all-too-common facts - that was reported in this week's New York Law Journal, a Westchester County court declined to dismiss the plaintiff's claim.
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No, You Can't Avoid Judgment by Just Transferring AssetsA recent verdict by a federal jury against a successor corp. serves as a cautionary tale against transferring assets to avoid a judgment, says Jonathan Cooper
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Courts Push Promising New Tool to Reduce E-Discovery CostsFederal courts have started to promote a promising technology that should reduce significantly litigants' electronic discovery costs, explains Jonathan Cooper
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Not All Illegal Contracts Are Created Equal - At Least in NYJust because a contract is illegal doesn't automatically mean it's unenforceable under New York law, explains Jonathan Cooper
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Here Are Some Lesser-Known Ways to Recover for Breach of ContractThere are several lesser-known kinds of breach of contract. Before just taking your lumps, it may behoove consumers to make sure that they have no legal recourse