What is commercial litigation?
What are some common types of complex commercial litigation?
Can corporations avoid consumer class actions?
What is alternative dispute resolution?
What is a breach of contract and what damages can I recover in the
event of a breach of contract?
What should I do if I am involved in a commercial litigation
dispute?
I am a partner in a business and one of my partners is threatening
to dissolve and take over the business. What should I do?
What is commercial litigation?
Commercial litigation is the broad area of law that
deals with resolving disputes in business and commercial
settings stemming from professional and commercial
relationships. The methods for resolving disputes are
alternative dispute resolution and court trials. Commercial
litigation can cover a variety of civil and criminal law
matters on both state and federal levels.
What are some common types of complex
commercial litigation?
Common cases of commercial litigation include the following:
- Antitrust, unfair practices and trade regulation
- Banking and creditor/debtor issues, including lender liability
- Breach of Contract
- Business torts
- Constitutional law
- Construction law
- Environmental law
- Products liability
- Professional liability
- Securities
- Toxic tort
Can corporations avoid consumer class
actions?
Corporations often use arbitration clauses in consumer
sales agreements in order to limit the types of dispute
resolution available should difficulties arise. Such a
clause requires that the parties to the agreement resolve
any disputes through arbitration. Since a class action
lawsuit involves direct judicial oversight, arbitration
clauses thwart the development of a consumer class. Instead,
each individual consumer must pursue his or her own
arbitration procedure against the contracting business.
What is alternative dispute
resolution?
Alternative dispute resolution is the method by which
legal conflicts and disputes are resolved privately rather
than through litigation. These disputes are usually resolved
through either mediation or arbitration. It typically
involves a process less formal than traditional court
proceedings and includes the appointment of a third party to
act as an impartial mediator and preside over a hearing
between the parties.
What is a breach of contract and what damages can I
recover in the event of a breach of contract?
Failure to perform as specified in a contract, or provisions of a contract,
without legal excuse is a breach of contract. The following damages can be
recovered in the event of breach of contract:
- Compensatory Damages - money to reimburse you for costs to compensate for your loss.
- Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable.
- Attorney fees and costs - only recoverable if expressly provided for in the contract.
- Liquidated Damages - these are damages specified in the contract that would be payable if there is fraud.
- Specific Performance - a court order requiring performance exactly as specified in the contract.
- Punitive Damages - this is money given to punish a person who acted in an offensive manner in an effort to deter the person and others from repeated occurrences of the wrongdoing.
- Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.
- Reformation - the terms of the contract are changed to reflect what the parties actually intended.
What should I do if I am involved in
a commercial litigation dispute?
One of the most important things you can do is to retain
all paperwork regarding the dispute. Not only does a paper
trail make your lawyer’s job easier, but judges and juries
may find your case more believable when documents support
your position.
Contact an
experienced commercial litigation lawyer at Barry & Loewy
LLP.
I am a partner in a business and one
of my partners is threatening to dissolve and take over the
business. What should I do?
You should seek immediate advice from an experienced
Barry & Loewy LLP attorney. Your business litigation lawyer
will advise you on your rights and obligations as a partner
and assist you in keeping your business operating. In
addition, Barry & Loewy LLP attorneys work with you to
develop alternate methods for resolving the dispute.
For more information, please see our page on Business Litigation.
If you have additional questions, contact us to discuss your Business Litigation claim.
