Civil And Business Litigation Law Firm

Civil litigation occurs when a lawsuit with no criminal charges is filed to settle a dispute between parties—when a legal right may have been violated. A plaintiff sues to resolve the dispute by seeking financial compensation or alternative action.

Civil litigation often falls under one of four claim categories:

Tort - A tort is a wrongful act. A tort claim handles a wrong that harms a person, property, or reputation. Torts generally are grouped into three categories: intentional, negligent, or strict liability.

Breach of Contract - A breach of contract occurs when a person fails to deliver on agreed-upon terms of a written or oral agreement without a legitimate legal excuse.

Equitable - An equitable claim is a request for a court order to prevent future harm. In a civil litigation case, typically, an action is ordered to protect property or reputation.

Statutory - A statutory claim is filed due to discrimination or a violation of rights, as defined by law.

The court recognizes these claims as civil offenses, allowing affected parties to sue for damages. In addition to awarding financial compensation or ordering an injunction, the court may also award punitive damages to deter a recurring offense.

In civil litigation cases in Rockland County, it is advisable to work with an experienced NYC civil litigation attorney. A skilled litigator will counsel you on your legal options and guide you through every phase of litigation.

In business civil litigation, disputes can arise between business and business, business and customer(s), or employer and employee(s). A competent NYC business litigation attorney can represent either the plaintiff in a case, the one who has filed the complaint, or the defendant, the one defending their stance.

Commercial civil litigation cases generally fall under the same four categories as non-business civil cases:

Tort - Business torts include claims of fraud, defamation or libel, invasion of privacy, breach of fiduciary duty, and tortious interference.

Breach of Contract - In a business contract, two parties agree to terms specified in an agreement. Breaches of contract vary depending on the parties and industry involved. Breaches may include failure to make a payment, deliver goods, or provide a service, as well as violation of employment contract or disclosure agreement.

Equitable - An equitable business litigation claim asks the court to intervene or order an injunction to compel a party to cease completing a particular act. The claim may or may not be filed with a request for financial compensation as well.

For example, a developer plans to build on an undeveloped parcel of land, and residents petition for an injunction to protect the recreational green space. The court may temporarily or permanently grant an injunction to prevent the development of the land.

Statutory - In business litigation, statutory claims involve discrimination or unfair treatment. State and federal statutes define mandatory orders to be followed in business practices, such as equal pay, minimum wage, and non-discrimination of a protected class.

Litigation Process

In commercial litigation, the plaintiff, or a representative, files a petition with the court, claiming the wrongful act. The defendant is notified and given a deadline to answer the complaint. This answer generally kicks off the discovery process of litigation.

During discovery, motions are filed, and information gathered. Each side may request documentation or information from the other that may not otherwise be effortlessly sought. This process aids each party in building evidence to support or defend their claims.

Finally, a judge or jury hears the case, and the court hands down its decision. If either party has a reason to question the decision, they may appeal it through the higher courts. Appeals are not a time to bring new evidence but challenge the reasoning or process used in deciding a case.

NYC Commercial Litigation Attorney

Attorney Rich has been litigating business civil litigation matters for more than 25 years. Clients describe him as going above and beyond and being a highly knowledgeable, competent attorney. He dedicates his time and efforts to prepare for every case thoroughly.

Call (347) 941-0760 today to schedule your civil litigation case review.