Business litigation FAQ
Business Litigation Frequently Asked Questions
How much time do I have to file a lawsuit for breach of a contract?
It depends on whether the contract was verbal or written. You have three years from the date of breach to file a lawsuit for breach of a verbal contract. You have six years from the date of breach to file a lawsuit for breach of a written contract.
If someone wins a lawsuit against a business, are they still allowed to shop or use the business?
Depends on the business, and the details of the lawsuit. McDonalds is a franchise, meaning that it's owned by private businesspeople. So you'd probably have to pick a different McDonalds. The owner would probably kick you out. Amazon and Walmart? Depends on the situation, but they'll probably take your business. The underpaid employee at the checkout counter doesn't care what lawsuits you've won or lost.
What should I bring to an initial business litigation consultation?
If you are coming to discuss a personal injury matter, I would like to see a copy of your insurance policy, scene and accident photos, medical records, medical bills, property damage estimates, police reports, and letters to insurance claims agents. I would also like copies of any text messages and e-mails you sent or received to anyone about the accident. If you are coming to discuss a business dispute or construction defect matter, I would like to see a copy of all contracts, all change orders, any photos, inspection reports, and correspondence you sent or received with anyone about the dispute.
What type of attorney do I need to sue a business?
In the U.S., you need a lawyer who practices litigation in the courts where your case will proceed. That means a member of that state Bar.
What do people need for effective dispute resolution?
For there to be an effective dispute resolution, the following factors must be considered : An agreement by the two disputants to resolve their disputes themselves or submit their disputes to a neutral third person. The type of dispute/mode of resolution: the type of dispute in question determines the mode of resolution. For example; a marriage dispute needs *Mediation or Arbitration* modes of resolution while a dispute arising from breach of contract between a Civil Engineer and his client will most likely need a *negotiation* or *arbitration* modes of resolution. The ability of the two disputants to either reach a negotiated agreement or adhere to an arbitral award or any other outcome from the resolution. When the above three factors are put into consideration, then people will surely experience an effective dispute resolution. I hope this answers your question.
How long does it take to resolve a business litigation case?
It depends on the type of case and its complexity. I suggest planning on 18 months for most cases, but COVID has slowed down everything, including how long it may take to resolve a case.
How can my business partner and I resolve a stalemate?
If you are involved in a business stalemate or other dispute with a co-owner, you need the best legal help possible. Whether you need assistance with the goal of negotiating a business split or owner buyout, or want to keep your ownership and start a competing business, Aultman Law PLLC can provide you with the guidance and advice necessary to protect your rights and business interests.
What is the difference between mediation and arbitration?
These are fundamentally different processes. In arbitration, the parties agree to abide by the binding decision of an arbitrator or a panel of arbitrators in much the same way as a Court will come to a binding judgment in litigation, though the outcome of the arbitration is private. In mediation, the mediator assists the parties in their negotiation with one another. S/he will not usually pass an opinion on the merits of the case but is there to ensure that the parties have the best possible chance of finding settlement terms which they can live with and which they believe are better for them than the alternative, usually litigation or arbitration.
What do Business Dispute Lawyers do?
Business litigation encompasses defending or resolving legal disputes between companies and other parties. In many instances, it is used to describe defending companies accused of misconduct or being sued for a variety of reasons. A business litigation lawyer is a legal professional who is able to manage both minor and significant legal concerns, including lawsuits, that a company may need to navigate as part of their business.