Knowing All About Commercial Litigation

The most succinct and simplest definition of commercial litigation explains it as a body of law that includes business conflicts. These conflicts arise from disagreements over the legal contracts. Occasionally referred to as business or corporate law, commercial litigation is usually considered to be a branch of civil law that administers disputes of both a private and public nature. But there are some aspects that are related to commercial litigation that you might not be aware of, so here is a little brief:

Common Areas

Commercial law legalizes corporate contracts, hiring practices and also the manufacture and sale of consumer products. The most common cases involve class employee disputes, action suits, shareholder issues, partnership disputes and debt collection. In the Texas, commercial litigation is pretty complex since it is the regulated and governed by both the states and the U.S. Congress. In other words, the rules differ from state to state, which is the reason that it is imperative to speak with legal professionals at recognized law firms before you file a lawsuit.

Legal Options

If the disputes cannot be resolved through negotiations and meetings, it may be obligatory to go to court. Since they do not engage criminal charges, most of the commercial lawsuits are heard by a jury in a civil trial. It is probable to waive a jury trial so that a judge can make a decision of these cases, as long as both sides agree.

Because a maximum of these lawsuits is relatively complex, they can even take several months or even years to resolve. It is for this motive that the courts often encourage litigants to arrive at an acceptable settlement before the case goes to trial. Naturally, the court cannot force either side to concur to a settlement against their will. If the plaintiff and his lawyer do not acknowledge the offers made by the defense, the case will unavoidably go to trial.

Prior to the trial, a savvy litigator from one of the top law firms may demand that the case is heard in federal court. The reason for this is to curtail the home field advantage for a larger company that is based in a specific state. This is only feasible when the suit involves a federal program or statute, or when the disagreement is between citizens that reside in different states and the amount involved is over $75,000.

Legal Fees

There is no established procedure, but a judge can order the losing side to compensate for all of the court costs and legal fees, as well as witness expenses, the cost of exhibits, and filing fees. It is for this reason that most of the commercial litigation suits are settled before they go to a trial.

Due to their intricacy and the fact that commercial laws differ from state to state, the devastating majority of plaintiffs in these matters retain legal counsel from well-known law firms. As mentioned earlier, the court may grant attorney's fees to one party if it is found that the other side brought a frolicsome lawsuit. That is why a plaintiff should always check with a knowledgeable commercial litigator before he/she takes any legal action.

About The Author

Kate Livingston is an expert lawyer who also likes writing informative articles and blogs, helping people understand the repercussions of their legal choices and actions and facilitating them in taking corrective action. She recommends Albinroach.com as the name to trust if you are looking to hire a lawyer in Plano, TX.

Kate Livingston is an expert lawyer who also likes writing informative articles and blogs, helping people understand the repercussions of their legal choices