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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Victoria's Secret(ly) (and Tortiously) Interfered With Contract, NY Business ClaimsToday'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.
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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.
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WSJ Notes Trend Toward Finder's Fee Agreements - Instead of Broker's AgreementsThere 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.
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How Not Being Licensed Can Cost You Your Fee In New YorkI understand why the Court, and the New York Legislature set up the rules in this fashion: if they allowed unlicensed contractors to still get paid for work that requires a license.
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How You Can Recover Your Legal Fees in the Employment Context Under NY LawThere are some limited instances where you can recover your legal fees for a breach of contract under New York law, explains Jonathan Cooper.
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How to Prove the Breach of a Broker's Commission Agreement Under NY LawIt should come as no surprise that as the economy continues to sputter, falter, or whatever your term of choice may be, that many real estate brokers have taken an increasingly aggressive stance in protecting their commissions.
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When An Unwritten Agreement Is Valid and Enforceable Under New York LawOne of the most common - and potent - defenses to a breach of contract case is that the agreement was never reduced to writing; but there are exceptions
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The Difference Between Dismissal & Summary Judgment in New YorkAlthough they sound an awful lot alike, the difference between an Order dismissing a case and an Order granting summary judgment is quite significant under New York law.
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Despite Lack of Formal Relationship, Accountant Can Be Liable In Fraud & Negligence, NY Appeals Court HoldsWhile it is true that, generally speaking, you can't recover in fraud or negligence against someone unless you actually have an agreement with them (or in legal terms, are "in privity"), there is a narrow - but important - exception to this rule.
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How Not to Choose an Attorney for Your NY Breach of Fiduciary Duty CaseIf I had to summarize what I love about what I do it's that it affords me the opportunity to help people who've been legitimately wronged, and to earn a living while doing it.
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In Failed Real Estate Deal, Brooklyn Court Holds Seller Entitled to Keep Down PaymentIn Meadus v. Rosenthal, a decision surrounding a failed real estate deal that was handed down on November 5, a Brooklyn judge sitting in the Civil Court made an unusual decision, and allowed the seller to keep the buyer's escrow payment.
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Why Officer Liability for Breach of Contract & Fraud Is So Rare In New YorkThe question arises as to what New York's courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud.