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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How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY LawConsider the following hypothetical scenario: Jim is hired by ABC Stores as Executive VP of Sales and Marketing.
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How Damages for the Breach of an Employment Contract Are Calculated Under NY LawWhat damages can I reasonably expect to recover under New York law? As you might expect, the answer is a little bit complicated, and the determination of the right measure of damages is inherently fact-specific.
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Proving a Negligent Misrepresentation Claim Under New York Law - and How it Differs from FraudNegligent misrepresentation is distinct from fraud, with its own elements and required proof Unlike its cousin, the 01/01/2016 Breach of Fiduciary Duty
Using Its "Head," NY Court Finds that Port-A-Head is Necessary At Worksite
Sometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh.
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When Attorneys Go Way Too Far
Recently, I attended a non-party deposition in a commercial litigation matter arising out of a dispute over who is the rightful owner of a particular property in New York.
How Some Important Exceptions to NY's Statute of Frauds Can Sustain a Breach of Contract Action
In a Westchester County case that was reported upon in today's New York Law Journal, HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products.
Finding Insured Lied in His Insurance Application, Brooklyn Court Dismisses Stolen Vehicle Claim
Although I'm certainly no fan of the insurance industry, I can't blame them for fighting this claim. And I don't blame the Court for siding with them either.
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Why It Is So Difficult to Invalidate a Mandatory Arbitration Clause in New York
Over the last few months, I've been asked why certain mandatory arbitration provisions in an employment agreement couldn't be invalidated on the grounds that the employees were "forced" to sign it against their will on threat of losing their job.
Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract Claim
If the unsubstantiated claims of this plaintiff are actually true, then I feel bad for the plaintiff.
Victoria's Secret(ly) (and Tortiously) Interfered With Contract, NY Business Claims
Today's New York Daily News is reporting that Victoria's Secret has been sued for inducing the Chinese supplier for a New York and New Jersey-based shoe company to break its 25 year relationship.
In NY, How Far Can You Go to Help Your New Employer Solicit Your Old Clients?
That's exactly the question that was recently posed, or in legal terms, certified to New York State's highest court by the Federal system's Second Circuit Court of Appeals.
WSJ Notes Trend Toward Finder's Fee Agreements - Instead of Broker's Agreements
There seems to be an increasing trend of sellers offering a finder's fee rather than the more traditional broker's fee in an effort to move their properties or businesses.