Your choice of attorney to represent your interests during a dispute could mean the difference between successful negotiations or expensive, ongoing litigation. Please contact our firm today to schedule a consultation with an experienced business litigation attorney who can provide a clear explanation of your legal rights and options.
When businesses are involved in a dispute, someone's money is always on the line. Whether your business is making a claim against someone or if someone is suing you, an experienced lawyer can help. At Ryan & Downey, P.C., we have nearly 50 years of combined experience representing clients in business litigation. Our attorneys represent clients throughout Springfield and Northampton, Massachusetts. Call 413-315-5394 to schedule an appointment.
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Money is usually the bottom line in business litigation matters. At Ryan & Downey, we know you are worried about protecting your finances, so we resolve business disputes as efficiently and cost-effectively as we can. Contact us online to learn more.
Each of our lawyers has over 20 years of experience helping clients resolve disputes. When we work with clients, we always measure our expenses against the likelihood of recovery, making sure we are as cost-effective as possible. Call 413-315-5394 to work with an experienced lawyer.
Business Litigation - An Overview
When considering litigation, a business owner should be aware of his or her options. In addition to the courtroom, there are other forums that might be appropriate, depending on the specific needs of the business. Alternative dispute resolution (ADR), described below, may be a desirable alternative to litigation or, if the cause of action is of an eligible size, small-claims court may be another venue for an owner to consider. Class actions may also be utilized by a business in certain circumstances. Additionally, business owners must understand the basic features of class actions, in the event that they are named as defendants.
A business contemplating bringing or defending a lawsuit would be well served by consulting with a seasoned trial attorney like one from Ryan & Downey, P.C. in Springfield, Massachusetts, to better understand all of the legal options.
Litigation Procedure
There are many steps that a litigant must follow when pursuing a judicial resolution to an issue. The civil litigation process is relatively uniform and is controlled by federal or state court rules. The process itself involves a considerable volume of work, whether or not the case actually goes to trial. Required tasks include everything from filing an initial pleading such as a complaint, subsequent pleadings such as an answer or possibly counterclaims or third-party actions, to pursuing an appeal if the judgment is found to be unsatisfactory. The steps that are usually involved in litigation are:
- Filing of an initial pleading and response
- Motions (requests that a judge do something like allow specific evidence)
- Discovery including depositions and interrogatories
- Pretrial conferences to organize how the trial will proceed
- Trial
- Judgment
- Appeals
Small-Claims Court
Business owners should be aware of small-claims court, a more informal court that deals with relatively minor lawsuits concerning everything from nuisance charges to minor money disputes. Small-claims court eligibility varies from jurisdiction to jurisdiction. Generally, it is the first place a litigant will go when there is a business issue involving small monetary damages.
Class Action
A class action involves one or a couple of representative plaintiffs pursuing litigation on behalf of a larger group of people similarly aggrieved. The cause of action could be about anything from toxic-waste disposal to securities fraud. The fundamental purpose of a class action is to combine similarly situated litigants with similar causes of action, thereby gaining efficiency by consolidating many similar cases into one large case.
Alternative Dispute Resolution (ADR)
Alternative dispute resolution is a litigation alternative that includes both arbitration and mediation. Arbitration is a process that is less formal than a trial. It is generally cheaper and has fewer formal procedural rules; however, it also has limitations not present in courtroom litigation. Mediation is a more informal process than arbitration, and is facilitated by a neutral third party, a trained mediator, who hears both sides of a dispute and then attempts to reach a resolution through mutual compromise. Businesses use both of these methods of conflict resolution to reduce costs and time and avoid litigation.
Conclusion
When a business owner is confronted with an issue that may involve litigation, he or she should be aware of the different forums and alternatives that will best serve the specific needs of his or her company. If you are faced with a dispute involving your business, it is recommended that you understand all of your legal options. A business attorney at Ryan & Downey, P.C. in Springfield, Massachusetts, would be an excellent resource for this information.
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