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Law Offices of Jonathan M. Cooper

Long Island & Queens, New York Negligent Supervision, Defective Product & Accident Lawyer Blog


The blog by published author of the Free book on New York accident claims, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," as well as the New Yorker's guide to defective product claims, "Why Are There So Few Successful Defective Products Lawsuits?" is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of 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 on New York personal injury claims

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3/22/2016
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Why Documents Alone Rarely Get Outright Dismissal of a Case

Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan Cooper

Category: Business Litigation

2/7/2016
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Most Business Fraud Claims Fail Under NY Law. Here's Why.

The reason that so many business fraud claims are dismissed: because these claims were already waived by contract.

Category: Business Litigation

1/25/2016
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Darn, Missed the Deadline To Sue. Or Did You?

The continuous representation doctrine offers an important way around the time limits set for bringing suit in New York, explains Jonathan Cooper.

Category: Business Litigation

1/7/2016
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Why Making Repeated Dismissal Motions in NY is a Bad Idea

Making multiple motions for summary judgment is usually a very bad idea, explains New York business litigation attorney Jonathan Cooper

Category: Business Litigation

1/5/2016
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Principles v. Pragmatism: How Trial Can Be Bad for You

It's scary how some people get angry, lose all focus, and refuse to settle their cases - no matter how bad an economic decision that may be for them

Category: Business Litigation

1/5/2016
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Why a NY Court Won't Enjoin a Defendant from Defaming You

There's a reason why it's almost impossible to get an injunction barring a defendant from defaming you in New York, explains Jonathan Cooper

Category: Business Litigation

1/1/2016
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When Illegal Agreements Can Still Be Enforceable in New York

This was just one of the issues that New York Federal Judge Jack Weinstein had to address in a commercial litigation case where the plaintiff sought to recover payment for goods that it shipped.

Category: Business Litigation

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1/1/2016
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NY Appeals Court: Don't Bother Bringing Business Fraud Claims Unless You Can Back It Up

In a June 15 decision in Callisto Pharm. Inc. v. Picker, New York's Appellate Division, First Department affirmed the trial court's ruling that dismissed the plaintiff's claims that its employee was secretly negotiating with their business partner.

Category: Business Litigation

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1/1/2016
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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.

Category: Business Litigation

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1/1/2016
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How Not Being Licensed Can Cost You Your Fee In New York

I 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.

Category: Business Litigation

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1/1/2016
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Despite Lack of Formal Relationship, Accountant Can Be Liable In Fraud & Negligence, NY Appeals Court Holds

While 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.

Category: Business Litigation

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1/1/2016
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Revealing Your Well-Prepared Hand Can Yield The Best Results in NY Business Litigation

I recently had an experience where an extremely costly commercial lawsuit about a claimed breach of contract and misappropriation of propietary intellectual property by a ddiuciary of a New York small business was avoided.

Category: Business Litigation

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10/20/2015
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NY Court Allows Service of Legal Papers via Facebook

In a landmark ruling earlier this year, a New York court allowed service of legal papers via Facebook, explains NY business litigation attorney Jonathan Cooper

Category: Business Litigation

9/16/2015
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When Appealing an Awful Decision May Be the Wrong Move

When you get handed a bad decision, you will often have more than one option, explains NY business litigation attorney Jonathan Cooper.

Category: Business Litigation

9/1/2015
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Why NY Courts Won't Just Throw Out Frivolous Lawsuits

Just because it's obvious to you that the lawsuit is frivolous doesn't mean a court will just throw it out, says business litigation attorney Jonathan Cooper

Category: Business Litigation

8/21/2015
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Why Most Defamation Lawsuits Fail (at Least in New York)

Public humiliation alone is not enough to win a defamation lawsuit, explains NY business litigation lawyer Jonathan Cooper

Category: Business Litigation

5/11/2010
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How "Good Faith" Is Implied in New York Contracts

As you may know, under New York law, every contract carries an implied covenant (i.e., promise) of good faith and fair dealing.

Category: Business Litigation

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