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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How a Website Alone Can Subject You to Being Sued in NYAs we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.
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NY Court Sustains $150 Million Jury Verdict in Defamation & Tortious Interference CaseThe facts of this case are rather disturbing. Worse yet, I seriously doubt the plaintiff will be able to collect on this judgment, even though he certainly deserves to recoup something.
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How Much Writing is Enough to Qualify as a "Written Agreement" Under NY Law?Not terribly much, according to a recent decision from a Queens County trial court.
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Despite Leaving Client Unnecessarily Exposed to Harm, Bad Faith Claim Against NY Insurer Is DismissedIn a recent decision, New York's Appellate Division, Second Department showed once again just how powerful New York's insurance lobby is.
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One Way to Prove a Fraudulent Concealment Claim Under NY Law - Even in the Face of a DisclaimerIn my earlier blog post I pointed out that one of the challenges of these concealment claims is posed by contractual language that the purchaser signs stating that they didn't rely on any representations by the seller.
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How New York Courts Determine Whether an Arbitration Clause is EnforceableWhen your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available.
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How to Prove Employer Negligence for an Employee's Bad Acts Under NY Lawthere is a doctrine in New York which holds that under certain circumstances, an employer can be held liable for its employees acts - even where those acts were clearly not undertaken in furtherance of the employer's interests.
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Using Its "Head," NY Court Finds that Port-A-Head is Necessary At WorksiteSometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh. In <a href="http://www.nycour
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Finding Insured Lied in His Insurance Application, Brooklyn Court Dismisses Stolen Vehicle ClaimAlthough I'm certainly no fan of the insurance industry, I can't blame them for fighting this claim. And I don't blame the Court for siding with them either. Recently, in <em>Ramp
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Why It Is So Difficult to Invalidate a Mandatory Arbitration Clause in New YorkOver the last few months, I've been asked why certain mandatory arbitration provisions in an employment agreement couldn't be invalidated on the grounds that the employees were "forced" to sign it against their will on threat of losing their job.
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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.