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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Specific Performance: Solution to Your New York Breach of Contract?Is upholding the terms of your contract better than receiving a financial award of damages? View here for more from a New York breach of contract lawyer.
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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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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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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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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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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 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.