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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NY Court: E-Mail Alone Constitutes Valid Written AgreementSurprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law
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Why "Merely Speculative" Damages Means You Lose in CourtThere are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper
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NY Court: Financial Advisors Aren't ProfessionalsWhile financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued
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The Single, Best Way to Protect Your Broker's CommissionsIf you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.
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Bad Faith Found, Allstate Liable for Consequential DamagesI found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim
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The Most Important Factor You Need in Order to Prove Waiver as a DefenseThere is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper
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Different Ways an Insurance Broker Can Be Held Liable in Negligence Under NY LawThere are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper
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When the Other Side Signals it Will - But Hasn't Yet - Breached Your ContractYou may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.
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Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MMLet there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.
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How Buyer's Mistake Allowed Seller to Keep Downpayment in NYAn avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper
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Why Lacking a Valid Contract Doesn't Have to Mean You LoseJust because a court finds that you didn't have a valid, enforceable agreement doesn't inherently mean you're completely out of luck, says Jonathan Cooper
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NY Court Denies Commission Salesman Statutory Damages, FeesA NY trial court's decision serves as an important reminder about paying attention to the fundamentals in breach of contract actions in New York.