What Is Commercial Litigation, And What Types Of Cases Fall Under Commercial Litigation?
Commercial litigation is a generic term for any non-criminal legal dispute where one or both parties are a business entity, such as a partnership, a corporation, or an LLC. For example, cases handled under commercial litigation can include a breach of contract case, trade secrets, a non-compete agreement, partnership disputes such as a shareholder derivative type of action; anything like this falls under commercial litigation.
What Is The Process For Filing A Commercial Litigation Case?
Our process usually is to meet with the client or have a telephone discussion about the issue they’re experiencing. Then, we gather evidence such as documents, communications, and anything that would help support their position. We investigate the possible outcomes and sometimes we must research the law to see if it’s a specific or unique area of law.
Sometimes we reach out to the other side and try to negotiate a settlement before resorting to litigation. Sometimes you might go to mediation or have some informal settlement discussions. If none of those things work out, then typically, we file a complaint, whether it’s in a state or federal court, and then go through the whole litigation process.
What Are The Potential Outcomes Of A Commercial Litigation Case?
The result of commercial litigation will depend on the type of dispute. Most people start litigation to recover damages in the form of money, while others will start litigation for injunctive relief, to have someone stop doing something.
Yet another potential outcome could be to get the other party to have a specific performance of a contractual obligation, along with numerous other reasons. Still, money tends to play a major role in most commercial litigation cases.
What Damages Can Be Awarded In A Commercial Litigation Case?
A commercial litigation case could result in monetary damages for the following:
- Breach of contract
- Lost profits
- Interest charges
- Delay damages (usually seen in construction cases)
- And more…
You could also be awarded your attorney’s fees and costs, depending on whether a contractual provision allows for that or a statute that provides for recovery of attorney’s fees.
How Can A Business Prevent Commercial Litigation?
Unfortunately, you can’t always prevent a commercial litigation dispute from happening. Lack of good communication can often present many conflicts. Indeed, if you are engaged in a contract, effective communication is vital. As such we recommend documenting conversations since this allows less wiggle room for people to deny things later.
What Should A Business Do If It’s Facing A Commercial Litigation Case?
First, hire an experienced attorney such as our firm. We will counsel them, investigate, advise them of potential outcomes, and work on a strategy to produce the best result for their business. For more information on Commercial Litigation Cases In Pennsylvania, an initial consultation is your next best step.