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 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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At What Point Does a Contract Actually Become Enforceable Under NY Law? (It's Not What You Think)Contrary to what many people (mistakenly) think, a contract doesn't inherently become enforceable once it's signed. So, here's the rule,
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Why Breach of Contract and Unjust Enrichment Claims Are Mutually ExclusiveYou can generally pursue different legal theories - even if they are inherently at odds with each other - to try and recover your losses. Here's one exception
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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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NY Appeals Court: Don't Bother Bringing Business Fraud Claims Unless You Can Back It UpIn 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.
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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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How to Recover Lost Profits in a Breach of Contract CaseThere are some instances where you can recover your lost profits in a breach of contract case - but it's far easier said than done, explains Jonathan Cooper
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How to Win the Breach of a Severance Agreement Case in New YorkIt seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement.
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How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY LawI was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented. There
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When NY Courts Will Uphold Non-Compete Clauses - No Matter How UnreasonableThere is an extremely important exception to the New York Courts' express disfavor for non-compete agreements: the employee choice doctrine.
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When NY Employers Condition Receipt of Post-Employment Benefits on a Non-CompeteAs you may be aware, it has become increasingly common for employers to condition their employees' receipt of post-employment benefits upon the employees' agreement to abide by a strict non-compete clause.
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Why It's So Hard to Prove the Breach of an ERISA Severance Plan In NYalthough an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of a severance agreement.