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 10
-
Can an Email Alone Be Enough To Get a Case Dismissed in NY?Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit
-
How Long You Really Have to File Against Your Child's SchoolWhen calculating whether their child's claim against the school may be time-barred, a common refrain we hear from parents is, "But I didn't know!" Is it valid?
-
What's the Worst That Can Happen if You Ignore an Injunction?A June 25, 2018 Order from a Federal Appeals Court serves as a sharp reminder what can happen if you ignore a trial court's injunctive order
-
NY Federal Judge Approves Class Settlement on School BullyingOn July 30, 2018, NY Federal Judge Nicholas Garaufis approved the settlement of a class action against NYC's DOE for its systemic failure to address bullying
-
Judge Crafts Creative Solution In Issuing TRO on Non-CompeteIn a June 29, 2018 ruling, a NY County judge issued a creative, Solomonic ruling that balanced the former employer need for a TRO with plaintiff's need to work
-
New Damages Rule for Trade Secret, Unjust Enrichment ClaimsIn 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 - BadlyCongress'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 - NoncompetesAlthough, 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 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
-
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
-
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
-
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