The term “commercial litigation” covers a wide variety of disputes, making it a relatively large area of the law. Most types of commercial litigation can be extremely costly, both in terms of time and money, for the parties to the dispute. Not surprisingly then, there is often pressure to settle commercial litigation out of court. No one can force you to settle any type of litigation out of court; however, it is often in everyone’s best interest to work toward an out of court resolution to a commercial dispute.
Read MoreOften, the end result of civil litigation is a judgment. A judgment is a court order stating that one party to the litigation owes the other party money. For example, if you have a landlord tenant dispute you might settle the dispute by filing a small claims lawsuit. At the hearing, the judge might award you a fixed amount of money if you prevail at the hearing. That order then becomes a judgment against the other party to the lawsuit. Obtaining a judgment, however, is only the first step in receiving your monetary award. The next step is to enforce the judgment.
Read MoreIf you are a business owner, sooner or later you will end up in a dispute. This is not a reflection on your business acumen nor on your product or service. Instead, it is simply the law of averages. If you stay in business long enough you will eventually end up in a full blown legal dispute with a client or customer, a supplier or sub-contractor, or even a business partner. With this in mind, the obvious question becomes “How do you resolve a business dispute?”
Read MoreAlthough any industry has its share of disputes and litigation, the construction industry has more than most. The reasons for this are varied; however, if you are part of the construction industry the important thing to remember is the need to be prepared for the possibility of a dispute because litigating a dispute can be expensive. One question parties to litigation often have is “Does a construction contract allow the prevailing party in a lawsuit to collect attorney fees and court costs?” While there is no universal answer to that question, it is common for a construction contract to have an “attorneys’ fees” provision.
Read MoreUnfortunately, business disputes are extremely common in the United States. Regardless of the underlying issue in the dispute, most Plaintiffs are ultimately seeking monetary damages in the lawsuit. If you are contemplating filing a lawsuit against a company, and are planning to ask for monetary damages, you are undoubtedly hoping that the company has sufficient assets to pay the judgment should you be victorious. What happens though if the company does not have sufficient assets? Can you also sue the individual who owns the company? The answer is somewhat complicated.
Read MoreIf you are a small business owner, or own an interest in a larger enterprise, you will likely be involved in litigation at some point. It is very rare for a business owner to remain in business for long without facing some type of legal dispute. The longer you are in business, the better the odds that you will be named as a party to some type of commercial litigation.
Read MoreAlthough many companies have some type of non-fraternization policy that prohibits personal relationships among employees, workplace romances are extremely common. It is easy to understand how you could develop more than a business relationship with someone with whom you work closely day in and day out over a long period of time. Whether or not you are violating a company policy is only one possible problem if you do enter into a personal relationship with someone from work.
Read MoreIt often comes as a surprise to people that landlord and tenant laws are some of the most complex laws we have, due in large part to the fact that the landlord-tenant relationship can be governed by local, state, and federal laws. As a result, both landlords and tenants are frequently unsure of where they stand from a legal perspective. Whether you are a landlord or a tenant, you may need to know what steps are required to evict a residential tenant in Pennsylvania.
Read MoreFor your business dispute lawsuit to be filed in federal court the court must have what is known as “subject matter jurisdiction.” Jurisdictional issues can become complicated very quickly, depending on the facts and circumstances of the lawsuit. As a general rules, however, the vast majority of lawsuits originate in state courts because federal courts only have very limited subject matter jurisdiction.
Read MoreAn injunction is simply a court order that orders a party to do something, or to refrain from doing something. What makes an injunction unique, in legal terms, is that a party may seek an injunction before the lawsuit is actually litigated. As a general rule, a court will not make decisions regarding the merits of a case before both sides have had the opportunity to be heard on the matter. An injunction can be an exception to this rule.
Read MoreThroughout your lifetime, you will likely enter into hundreds of contacts, both personal and professional. Some are relatively simple and of little importance while others are complex and control major purchases or significant business agreements. There is also a very good likelihood that you will end up in a dispute over one of these contracts at some point in your life – particularly if you are a business owner. Knowing that a contract could become the basis of a dispute is an excellent reason to insist that the contract be in writing. Why is it so important though to have a written contract when there is a contract dispute?
Read MoreThe job of a business litigation attorney is to provide advocacy and representation for someone who is suing or who is being sued in connection with business law matters. Many cases end up settling outside of court because an attorney is able to help the disputing parties reach a negotiated settlement. Mediation or arbitration are also possible methods of resolving business disputes. However, even if you hope to resolve your case through a negotiated settlement or alternative dispute resolution, you still need a business litigation attorney.
Read MoreSmall disputes can arise in many circumstances in the commercial world. Whether the dispute is a disagreement between shareholders and partners, a breach of contract claim, an employment dispute, or any other source of conflict, the issue needs to be resolved quickly for the sake of all involved businesses. Allowing a dispute to linger on for a long period of time can create confusion and uncertainty, which undermines normal operations and affects the ability of the involved businesses to thrive and grow.
Read MoreBecause contracts are so pervasive and because contracts set the terms for almost all business and professional relationships, the way in which a dispute affects your organization is going to vary based on many factors. The type of contractual agreement is going to make a difference in how a dispute affects your business, as well the identities of the involved parties. The type of disagreement can also matter as well. A dispute over contract interpretation or over the meaning of a contractual agreement must be handled differently than conflict over whether the contract is valid at all and must be handled differently than allegations a breach has occurred.
Read MoreMany people mistakenly believe that when a dispute or a disagreement arises within the business world, it is always going to end up with a lawsuit. In fact, even when disagreements are serious, there are often ways to avoid having to resort to litigation. Going to court can be the best choice, but it can also be expensive and acrimonious and destroy important business relationships you want to preserve. You need to consider other solutions as well.
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