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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When Your New York Contract Is UnclearSomewhat surprisingly, in the majority of breach of contract cases I get called about, the contract does not clearly address - and sometimes does not even discuss at all - the issue that led to the claim.
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Why One Queens Building Owner Deserved To Lose His Breach of Contract & Indemnity ClaimSometimes when reading a court's decision, there are facts from the case that almost jump off the page and make you wonder: if what the court is saying is true, why on earth did they even bother filing the lawsuit to begin with?
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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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Unethical Companies, Frivolous Defenses to Breach of a NY Contract, and the "American Way"Recently, I spoke with a gentleman who runs a small, but profitable, family-owned business that did a significant amount of custom work for a vendor, only to have that vendor - whi
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Why Many Implied Warranty Claims Fail Under New York LawBy way of background, implied warranties are primarily applied in two contexts in New York. Foll
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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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When Illegal Agreements Can Still Be Enforceable in New YorkThis 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.
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NY County Court Allows Party to Break its Settlement AgreementEvery once in a while, I come across a case that really burns me, particularly when it involves a party (or his attorney) not keeping his word - and getting away with it. In <a hr
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In Breach of Employment Contract Case, NY Court Holds Arbitration Clause UnenforceableIt is no secret that mandatory arbitration clauses have essentially become standard fare in business contracts, particularly in the employment or consultant context.
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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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When Negotiated Terms Don't Make It Into Your New York ContractSo you've spent weeks, maybe even months, of back and forth negotiations on this deal ... and you've finally reached an agreement.
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Why Fraudulent Concealment Claims Are So Tough to Win in New YorkUnder New York law, when a seller hides information that is critical to the buyer's decision to invest or not to invest, it's fraudulent concealment.