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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One Area Where Courts Will Favor - and Enforce - NoncompetesAlthough, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements
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Claim Filed for Down Syndrome Child Abused by School AideRecently, 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
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How Negligence versus Breach of Contract Can Be the Difference Between Winning and Losing Your CaseIn 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
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When a Third Party Can Recover for Breach of Contract in NYThere 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
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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
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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
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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
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-CompetesVermont 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
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In Rare Move, Court Strikes Down Non-Compete From the Get-GoIt'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
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12 y.o. Girl Commits Suicide Following Bullying at SchoolIn another sign that something serious is amiss with the educational system, a 12 y.o. girl recently committed suicide after egregious and relentless bullying
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How Avenatti is Making the Wrong Argument in NDA Breach CaseObjective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable
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When Case Developments Make You Look Smarter Than You Are3 weeks ago, I wrote that IBM's lawsuit against Microsoft was "inane," and should be settled by briefly sidelining Ms. McIntyre. That's exactly what happened