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Law Offices of Jonathan Cooper's Sept. '11 Newsletter

Law Offices of Jonathan Cooper's Sept. '11 Newsletter

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Published by Jonathan Cooper
Check out our Sept. '11 Newsletter for informative articles on how to recover your legal fees in NY, non-compete agreements, & school negligence
Check out our Sept. '11 Newsletter for informative articles on how to recover your legal fees in NY, non-compete agreements, & school negligence

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Categories:Types, Business/Law
Published by: Jonathan Cooper on Sep 05, 2011
Copyright:Attribution Non-commercial


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If this story is true - and, I must admit, this student's version of eventscertainly sounds credible - this may be one of the more disturbing storiesaboutschool bullyingthat I've heard.In a case that was reported in Baltimore several weeks ago, a high schoolstudent was apparently expelled from his school just prior to graduationbased upon his attempt to put and end to the repeated, continualbullying he had suffered.More specifically, after years of being tormented both physically and
ter Bullied Student Retaliates, HighSchool Responds by Expelling Him
Kudos to you, ABC, for bringing this story to light. And shame on you, CubistPharmaceuticals, for your discriminatory narrow-mindedness.Kara Krill who works for Massachusetts-based Cubist Pharmaceuticals,recently had twin children via a surrogate. She was compelled to have thesechildren through a surrogate because she had health issues that preventedher from having children in the conventional manner.Naturally, she was overjoyed when she learned that the surrogacy resulted inthe anticipated birth of not one ut two children. That is, until the HRdepartment at her employer responded that she would be denied the 13 fulleeks of paid maternity leave that was set forth in their written policies,and instead would be granted only a 5 day leave of absence that istraditionally reserved for children that are adopted, or for fathers seekingpaternity leave. Moreover, according to Krill, one of her bosses commentedthat she should “‘put [her] twins in daycare,’ so she could come back to worksooner.’”Mrs. Krill has now sued her employer in federal court, claiming that heremployer hasbreached their contract
, and theirovenant of good faith andfair dealing, and has openly discriminated against her based upon herdisability.I, for one, am rooting for her.
Denied Maternity Leave, NYWoman Sues Employer forBreach of Contract
After Bullied StudentRetaliates, High SchoolResponds by Expelling Him
One Way (Albeit Rare) toRecover Your Legal Fees inNY: “Frivolous Conduct”
Check Out Our New Website!
When New York’s Courts WillUphold Liquidated Damagesfor Breach of a Non-Compete
Denied Maternity Leave, NY Woman SuesEmployer for Breach of Contract 
Continued on page 3
 Monthly NewsletterSeptember 2011Volume 3Issue 8
For more articles, reports, videos, news and analysis on these and other important legal issues
Visit our Web Site at
Counting Your Blessings
I’m sure I’m not alone in thissentiment, but in theaftermath of that Lady”Irene, I am truly fortunate thatmy home did not sustainsignificant damage, and moreimportantly, that my familyremained safe and sound.But there was another incidentthat happened a few weeksago to me that does stand out.While my wife and kids wereout of the house visiting withfamily that was in from out of town, and I was returninghome from a quick errand, Iwalked in on a teenager whowas rummaging through myhouse trying to steal our stuff.When he heard me, he wasstartled, and ran right past meout the door.He made off with my son’svideo game. Nothing more.And, more importantly (thankG-d), none of my family washarmed.
September 011 ewslette
Page 2
O e Wa (Albeit Rare) to Recover YouLegal Fees in NY: “Frivolous Conduct” 
This publication is intended to educate small businesses and individuals about general litigation matters, aswell as personal injury and defective product issues. It is not intended to be legal advice, and does notconstitute an attorney-client relationship until we have a written agreement. To discuss your particularissues or case, please contact the Law Offices of Jonathan Cooper at 516.791.5700.
Law Offices of Jonathan M. Cooper
Long Island483 Chestnut StreetCedarhurst, NY 11516516.791.5700New York City135 West 29
StreetSuite 801New York, NY 10001(By Appt. Only)
We Appreciate YourReferrals!
We strongly encourage thereaders of our monthlynewsletter to provide feedbackabout issues they would like tosee addressed in our futurepublications.To do so, please contact usthrough our website,www.JonathanCooperLaw.comor via e-mail atjmcooper@jmcooperlaw.com
As noted elsewhere (see, e.g., “Why It’s So Hard to Recover LegalFees in a NY Breach of Contract Case“), the general rule in NewYork is that you cannot recover the costs you’ve incurred to defenda lawsuit that has been brought against you. Of course, there aresome exceptions to that rule, the most prevalent being where thetwo sides to the litigation had previously entered into a writtenagreement that provided for either side to recover their legal fees.There is another limited exception to that rule: where the courtdetermines that your adversary has engaged in “frivolous conduct.”So what constitutes “frivolous conduct” under New York law?Fortunately, it is defined by Uniform Court Rule §130-1.1 (c), whichprovides, in pertinent part, as follows:(c) For purposes of this Part, conduct is frivolous if:(1) it is completely without merit in law andcannot be supported by a reasonable argument foran extension, modification or reversal of existinglaw;(2) it is undertaken primarily to delay or prolongthe resolution of the litigation, or to harass ormaliciously injure another; or(3) it asserts material factual statements that arefalse.As noted in the title to this article, however,
t is extraordinarilyrare that a New York State court will award costs nd/orsanctions against the other side to aparticular litigation
.Therefore, you should
assume that a court will make youwhole for defending a lawsuit that you personally deem “frivolous.”
“You should never assume that a court will make you whole for defending a lawsuit that you personally deem ‘frivolous.’” 
September 011 ewslette
Page 3
motionally for being a "book worm" with a nerv us habit, and having theschool repeatedly ignore his calls for help, this student finally responded totwo of his attackers in a by picking up a screwdriver and threatening:"I've had enough. If you leave me alone, I'll leave you alone."The school's response: they expelled the student who was being bullied; theother students - it seems - were left alone.o be sure, a student who threatens other students with a screwdriver shouldbe severely disciplined - and perhaps expelled.On the other hand, it also appears that he has now been victimized again - utthis time by the educational institution itself rather than its student body; inffect, the school has chosen to penalize this student yet again for the school'sown negligence in failing to adopt and enfor e a zero tolerance policy forbullying.Stated differently, it seems very clear that the school - had it been dischargingits responsibility to this student's safety properly could ery well haveprevented this incident from occurring. And for that reason - and on olicygrounds - I think that the school should be deemed negligent and heldaccountable as a matter of law.
“It seems very clear that the school – had it been discharging its responsibility for this student’s safety – could very well have prevented this incident from occurring.” 
Check Out Our New Website!
ter Bullied Student Retaliates, School Responds By Expelling Him
cont’d from page 1
As a general rule, Mr. Cooper does not accept unscheduled phone calls. This polic a ordsr. Cooper the abilit to pa c oser and more ocused attention to each case, resulting in more e icient and e ective representation orhis clients. Moreover, it avoids the endless and needless game of phone tag played by most businesses and law firms. To schedule ahone call or in-person appointment with Mr. Cooper, please call his office at 516.791.5700.
e are very excited to introduce ournew website, which is dedicatedusiness litigation issues, with aparticular focus on non- ompeteagreements, breach of fiduciary duty,and breach of contract.he site is designed to answer evenmore of the questions we’ve beengetting on these issues – so that NewYork onsumers can be bettereducated about their legal issues
even before they contact a lawyer.

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