Significance Of Business Litigation Matters

By Author: Adli law
Total Articles: 10
Comment this article

Business litigation refers to the situation where a business either filing a lawsuit against anyone or someone filed case against the company. These both circumstances resulted through the specific process of litigation. Irrespective of the source of the litigation, it has basic three phase to get converted into the legit lawsuit.

* Initial stage - The lawsuit begins when any individual or company opt for lodging lawsuit against someone or company in federal or state court. However, price could be started by sending notice to other party or asking for the settlement of dispute outside the court. The state and federal court have different norms and regulation related to proceedings the lawsuits.

* Investigation phase – It is the stage of discovery of the relevant and required information where both parties search for the vital details related to their lawsuits. It could be compiling the documents, deposition of the witnesses and other methods. The lawyers of both parties search for the content that makes their version strong. The process of the discovery could be long or short depending on the complexity ...
... level of lawsuit.

* Negotiation or Trail court – After filing lawsuit both parties come down to the single platform for negotiation to settle the conflict or dispute before pushing the case further. However, the settlement point must be agreed by both parties with consensus. In case of the failure of the negotiation stage, the lawsuit will further move to the trail court.

* Appellate court – If you are not satisfied with the trail court judgment, you can make your appeal in the appellate court for expected decision regarding your business litigation matters.

What are causes that lead to the litigation situation?

Indeed, there must be some motive or cause that generates the litigation situation. Here are some causes that can prepare the ground for business litigation matters.

* Contract conflict – Contracts are the major element of any business. Whether the contract is between the business, between clients and business or between customers and business, breach of contract could be arise in any condition. The major course of the litigation could be the dispute between the tenant and landlord or customer with company or shareholders conflict with company.

* Employee claim – This situation arise when any employee raise issue against the business or company in terms of harassment, discrimination in recruitment or when worker is wounded at workplace.

* Product Liability – Whenever business produces or renders services to their customers, it ensures its liability to render standard services or products in good quality. In case business fails to do so whether it is product failure such as laptop battery bursting or substandard services, it causes the business litigation situation.

* Breach of confidentiality - Most of the company uses the non-disclosure agreements with its employees and partners while operating. When any violation occurs regarding the breach of the vital contents of company, the litigation situation can arise.

* Fiduciary duty – It is very sensitive legal responsibility wherein someone owes asset of others for caring only. In case any violation of the responsibility occurs, business litigation matters can be occurred.