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Industrial
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Texas Lawyer Practice Areas:
Litigation
We
handle a variety of business litigation matters for
worldwide clientele who have business matters in Texas. Some of the
more common cases include commercial collections, deceptive and unfair
trade practices, business dissolution disputes and breach of contract
actions (including breach of employment agreements, breach of
non-compete contracts.) Our
firm handles litigation in Texas state courts (small claims, county and
district), and federal courts in the Northern and Eastern Districts of
Texas). Here are a few frequently asked questions about our Texas
business litigation practice. Feel free to contact our firm online or call us
at (214)
696-0021 if you have a matter you would like to discuss. You can also visit
our web log for more frequently asked questions about
litigation in Texas.
What is litigation?
Litigation
involves handling civil disputes between parties. This often includes
the negotiation of matters before filing suit and the prosecution of
lawsuits. We have litigated matters for clients worldwide, who have
problems that need resolution in Texas courts. Our litigation practice
includes varied matters in the Texas probate courts, Texas county
courts, state district courts in Texas and federal district courts in
Texas. For other clients needing assistance outside Texas, we can
coordinate with local counsel to manage litigitation on a case by case
basis. Below are answers to some common questions that we receive in
our office.
What are the different types of civil litigation?
Litigation
is a complex process, but there are some basic items that a party may
seek. There are very few types of relief available through
the
judicial process. Most often, a party will seek money from another
party (called "damages") or a party will request a specific action from
another party (called an "injuction"). In some cases, there is an
immediate need to have a court order a party to do or not do something.
These time-sensative requests are known as temporary restraining
orders, (called a "T.R.O."). Other remedies include asking a court to
determine the meaning of a contractual clause (called a "declaratory"
or "dec" action.)
What are the different types of courts?
Small
claims and JP courts are typically used for disputes involving less
than $10,000. Small Claims courts are limtied to actions for damages.
Justice of the Peace courts can hear small claims actions, eviction
cases and other matters. For larger disputes involving Texas parties
and questions of Texas law, county courts at law or district courts are
the most common forum to file a lawsuit. Family courts hear matters
involving domestic relations, custody, adoptions and the like. If a
case involves the estate of a deceased person, or an incapacitated
person, then the probate court is an appropriate forum. For disputes
involving questions of United States law (i.e. a federal questions), or
for certain large scale disputes involving parties that are not Texan,
federal courts are a common forum. Appeals courts hear appeals from the
lower courts in thier jurisdiction. In most Texas counties, criminal
courts are typically separate.
What is a class action?
A
class action is a very specific type of large scale litigation matter
involving numerous plaintiffs against a single defendant.
What is fiduciary litigation?
A
fiduciary is someone who owes the highest duty of care to another
person. In this type of litigation a fiduciary may be the person in
charge of a retirment plan, a person who has been appointed power of
attorney, guardian, administrator or executor of a ward or an estate.
If this person puts his or her interest above those to which s/he owes
the fiduciary duty, then such conduct is actionable. For example,
suppose John holds a power of attorney document to conduct the affairs
of Steve. John uses the power of attorney for his own benefit. Steve
has a cause of action against John for breach of fiduciary duty.
What is Aleternative Dispute Resolution, Arbitration and Mediation?
Abritration
is an alternative form of dispute resolution. Instead of using the
court system, parties can elect to resolve their disputes by using a
private organization, such as the National Arbitration forum, or the
American Arbitration Association. In arbitration, you present the facts
of your case to an abitrator (either an individual or a panel) who then
desides the merits of the case and the appropriate releif (if any).
Mediation is a process by which parties attempt to mutually negotiate a
solution to a dispute by using an independent mediator.
What about suits to collect past due invoices? Or Commercial
Collections?
This
tends to be one fo the more common types of litigation. Essentially, a
business will offer goods and services on a revolving account
basis to another business. When those invoices remain unpaid,
litigation may be necessary. The typical first step is to assemble all
written documents exchnaged between the parties. Next, a demand letter
stating that the other party is in breach of the arrangement would be
sent, detailing what the other side needs to do in order to rectify the
situation. Should the sides fail to reach a settlement, then the side
owed money can file a suit in which a representative the company that
issued the invoices swear to the truthfulness of the invoices. This is
called a "sworn account suit" This forces the other side to
have
to file a sworn answer stating that they do not owe the
invoices.
What are wrongful death and survivor suits?
If
someone dies due to the act or omission of another, then there may be a
cause of action by the heirs of the deceased for Wrongful Death. If the
deceased suffered personal injury prior to death, then the deceased's
estate may have a cause of action called a survival claim. We can
assist with either the prosecution of these matters. Some of the
services include ancillary probate, appointment of personal
representatives, appointment of an independent administrator of an
estate, determination of heirs and determination of common law
marriage. This aslo includes obtaining letters testamentary or letters
of administration of an estate.
What about Personal Injury / Negligence matters?
We
can assist individuals and businesses with plaintiffs personal injury
matters, including car accidents, wrongful death, traumatic brain
injury, premises liability matters and other tort law matters. Please see our
personal injury
page for more details.
I have a judgment. Now what?
If
you have a judgment, either from a Texas court or from another federal
or state court, we can assist you with the processing and collection of
that judgment in Texas. This includes the registration of a foreign
judgment in Texas state or federal court, settlements (includes
negotiation of judgments, removal of judgment liens, post judgment
collections, abstracts and enforcement)
What about intellectual property litigation?
Intellectual
property cases include trade secret litigation, copyright infringement,
patent litigation, patent infringement, trademark dilution and
trademark infringement matters.
If
you
would like to discuss your matter, please email our firm or call us at (214)
696-0021 (click to call). (Be
sure to read our disclaimer
before contacting us.)
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Cases may be worked on jointly or referred. Even if you do not see your
specific issue listed here, please feel free to call our law firm. One
of our attorneys may still be able to help, or send you to a lawyer
referral service. For more information call us at (214)
696-0021 (click to call) or email
. (Be sure to read our disclaimer first.) Also, please visit
our web log for more frequently asked questions about
litigation in Texas.
Please click here
to return to our
home page for a list of legal practice areas.
Please click here
to contact our law firm in Dallas, Texas
Please click here to visit our blog for
frequently asked questions about Texas law.
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Copyright
(c) 2008, David L. Leon, P.C., Dallas Business Attorneys.
The Texas lawyer responsible for this site is David L. Leon.
Primary office in Dallas, Texas.
Matters may be worked on jointly or
referred. Please our disclaimer
before
contacting our firm.
Contact with our firm alone does not create an attorney client
relationship.
Not specialized by the Texas Board of Legal Specialization.
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