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?
- Page 7
-
New Damages Rule for Trade Secret, Unjust Enrichment Claims In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal. -
Why Workforce Mobility Act's Noncompete Ban Fails - Badly Congress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why. -
One Area Where Courts Will Favor - and Enforce - Noncompetes Although, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements -
Claim Filed for Down Syndrome Child Abused by School Aide Recently, in upstate New York, a claim was filed on behalf of a 6 year-old child with Down Syndrome was repeatedly slapped by a teacher's aide -
How Negligence v. Contract Breach Can Mean Winning or Losing In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing -
When a Third Party Can Recover for Breach of Contract in NY There are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract -
Can You Be Liable for Hurting a Seller's Amazon Ranking? A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking -
Is PA Going to Join States Banning Non-Competes? PA's House Bill 1938, which was introduced a number of months ago, seeks to ban nearly all non-competes, and to prevent employers from contracting around it -
Can You Be Liable for Texting Someone Who is Driving? A May 4 decision from one of NY's appellate courts addresses whether one can be held liable for texting someone they know is driving - and gets into an accident -
Vermont Draft Bill Seeks to Outlaw Nearly All Non-Competes Vermont Draft Bill H.556 seeks to ban non-competes, other than limited circumstances, such as the sale of a business or the dissolution of a partnership -
In Rare Move, Court Strikes Down Non-Compete From the Get-Go It's not every day that you see a court strike down a non-compete in its entirety - and certainly not before discovery. Yet that's precisely what this Court did -
12 y.o. Girl Commits Suicide Following Bullying at School In another sign that something serious is amiss with the educational system, a 12 y.o. girl recently committed suicide after egregious and relentless bullying