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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Does a School's Violation of its Own Internal Rules Constitute Negligence?There is a significant question as to whether a school's violation of its own rules constitutes negligence - at least under NY law.
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Court Deems an Oral Modification of Employment Contract Still ValidA NY trial court recently held that despite a "no oral modification clause" in her contract, the parties' course of conduct effectively modified it anyway
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NY Court: Being Fired Without Cause Doesn't Inherently Render Non-Compete UnenforceableA few months ago, an upstate NY appeals court held - among other things - that a termination without cause doesn't automatically vitiate a noncompete clause
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Rhode Island Legislature Enacts Ban on Noncompetes for Low-Wage EmployeesIn January 2020, Rhode Island's new law banning non-competes for low-wage workers is set to go into effect. But there are some interesting carve-outs in the law
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New Bi-Partisan Bill Seeks a Federal Ban on Non-CompetesThe Workforce Mobility Act, which was recently introduced in the Senate, seeks to ban, or drastically curtail, non-compete agreements. But it goes way too far.
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Was This Teen Actually Hazed by His Teacher - and Was it Worth Suing Over?On October 9, 2019, parents filed suit, claiming that their teen was hazed at school by the teacher, damaging their child. But are they right?
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Former Employer's Non-Compete Case Immediately DismissedIn a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filed
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We Need a Real, Loud, Obnoxious !*?/* Attorney for Our Non-Compete CaseTo be clear, It's not limited to non-compete cases; clients tend to think that being a bigger jerk means better results in litigation. It's just not true.
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Former Employer Gets TRO in NY Federal Court for Employee's Breach of a Non-SolicitAn August 1, 2019 decision from a NY federal court lays out the blueprint for how and why a former employer succeeded in seeking a TRO for a nonsolicit breach
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State of Maryland Finally Passes Partial Non-Compete BanEffective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored
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Yes, There Are Times When You Can Recover More Than the Policy Limit From Your InsurerWhen your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper
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The Test for When NY Courts Will Uphold Liquidated Damages for Breach of a Non-CompeteThere are some circumstances when NY's courts will uphold a liquidated damages clause in a non-compete agreement - but it's got to be done the right way