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Texas Lawyer Practice Areas: Litigation
Litigation in Texas state
courts (small claims, county and district), federal courts in the
Northern and Eastern Districts of Texas):
Litigation - Litigation
involves handling 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. Below are answers to some common questions
that we receive in our office.
Types of 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.)
Types of courts - Small claims and JP courts are typically used for disputes involving less than $5,000. 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, or for certain large scale disputes involving parties that are not Texan, federal courts are a common forum.
Class Action litigation - Our firm acts as local counsel for class
action litigation matters in federal court.
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.
Suits
to Collect Past Due Invoices 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.
Wrongful Death and Survivor Suits
in Texas - 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.
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.
Business 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.)
Post judgment - 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)
Intellectual property litigation - Intellectual property cases include trade
secret litigation, copyright infringement, patent litigation, trademark
dilution and trademark infringement matters.
Please visit
our other site www.crookedinsurance.com for information about insurance
and personal injury litigation.
- 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 or email . (Be
sure to read our disclaimer
first.)
Please click below for more information about our law firm’s other
legal practice areas:
Business
formation, business
entities and transactions
Commercial
& residential real estate
Contract
drafting, breach of contract
and review
Franchise and
Distribution Law
Insurance,
bad faith and deceptive
trade practices
Patent,
trademark, copyright, licensing,
infringement & intellectual property
Personal injury, slip and fall, premises liability and wrongful death
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The Law Office
of David L Leon, PC
Dallas, Texas
Offering
litigation and transactional services in the areas of
business, real
estate, intellectual property, personal injury, estate planning and
probate.
Neither this site, nor email communications create an attorney client relationship.
Please read our Disclaimer before contacting us.
Telephone: 214.696.0021