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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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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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.
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How Some Important Exceptions to NY's Statute of Frauds Can Sustain a Breach of Contract ActionIn a Westchester County case that was reported upon in today's New York Law Journal, HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products.
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Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract ClaimIf the unsubstantiated claims of this plaintiff are actually true, then I feel bad for the plaintiff.
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How You Can Recover Your Legal Fees in the Employment Context Under NY LawThere are some limited instances where you can recover your legal fees for a breach of contract under New York law, explains Jonathan Cooper.
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How to Prove the Breach of a Broker's Commission Agreement Under NY LawIt should come as no surprise that as the economy continues to sputter, falter, or whatever your term of choice may be, that many real estate brokers have taken an increasingly aggressive stance in protecting their commissions.
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When An Unwritten Agreement Is Valid and Enforceable Under New York LawOne of the most common - and potent - defenses to a breach of contract case is that the agreement was never reduced to writing; but there are exceptions
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Why Officer Liability for Breach of Contract & Fraud Is So Rare In New YorkThe question arises as to what New York's courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud.
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The Fun Part of Being a NY Business Litigation AttorneyA good day for NY business litigation lawyer Jonathan Cooper today as he gave his client more then just good news.
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NY's High Court Slams State Farm in Breach of Insurance Contract CaseIn a big victory for a property owner who brought a breach of insurance contract lawsuit against their insurance company, New York's highest court held a invalid State Farm's disclaimer of coverage.
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NY's High Court Finds Insurer Required To Defend & Indemnify LandlordUnder what circumstances can someone be deemed an additional insured on an insurance contract?
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Think Altering Your Documents is No Biggie? Think Again.A few years back, a NY attorney learned - the hard way - some of the really bad stuff that happens when you're caught altering documents, explains Jonathan Cooper