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 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?
Some small business owners are facing a different problem: those who made a moderate sum of money in 2008, but now, due to the recession, cannot afford to pay their taxes. While a spokesman for the Internal Revenue Service stated publicly that the IRS was willing to work with small commercial business owners to ease the burden of paying their tax bills in full, little specifics on how the mechanics of this process will work have been provided.
One provision in the new proposed stimulus plan is somewhat promising: it permits businesses that lost money in 2008 to offset the loss against the surplus that the business had in the five previous years. In that fashion, these businesses could recover, in the form of a tax refund, some of the losses that they experienced in 2008.
While many pundits have postulated that additional help for small businesses are in the works, the proof will be in what makes it (and doesn’t make it) into the legislation that is due to be signed shortly. Time will tell.
There are some intersections and streets that have had such a disproportionately high number of tragic car accidents and fatalities over the last several years (such as Queens Boulevard in Forest Hills and Rego Park in Queens County, New York, which the local papers have dubbed the “Boulevard of Death”) that it is clear to all that these roadways are defectively and dangerously designed. Consequently, the better public policy is to hold the municipalities and states liable for these conditions; otherwise, these governmental entities will have far less incentive to assure the safety of their roads.
For additional information as to whether governmental or municipal authorities are liable for the dangerous conditions of intersections and roadways under New York law, you can read our article here.