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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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
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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
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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
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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
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How Avenatti is Making the Wrong Argument in NDA Breach CaseObjective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable
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NY Court: Suing to Rescind Contract Doesn't Equal BreachA few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breach
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The Distinction Between Hold Harmless and Additional Insurance Requirements is HugeIn the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical
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Can Work Done in the Past Support a New Agreement?A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case
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How to Prove a Breach of Contract Case in New YorkWhat are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
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When Corporate Officers Can Be Held Personally Liable in NYA recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking
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How a NY Contractor Was Bilked Out of Its Fees for "Extra Work"This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper
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Bad Law Forces Court to Deny Insured Recovery of Legal Fees in Coverage DisputeDespite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees