Michigan Business & Commercial Litigation Attorneys
Experienced Representation in
Business and Commercial Lawsuit
    
   Law offices of
Israa       Zaher
Business  Lawsuit  - An Overview

When considering litigation, a business owner should
be aware of his or her options. In addition to the
courtroom, there are other forums that might be
appropriate, depending on the specific needs of the
business. Alternative dispute resolution (ADR), may be a
desirable alternative to litigation or, if the cause of action is of an eligible size, small-claims court may be another venue for an owner to consider. Class actions may also be utilized by a business in certain circumstances. Additionally, business owners must understand the basic features of class actions, in the event that they are named as defendants.

A business contemplating bringing or defending a lawsuit would be well served by consulting with a seasoned trial attorney to better understand all of the legal options.

We handle a broad range of litigation including:

•Business Disputes
•Breach of Contract
•Legal Malpractice
•Shareholder Litigation
•Business Fraud
•Business Disputes in Divorce
•Real Estate Litigation
•Franchise Litigation
•Consumer Fraud Defense
•Class Action Defense
•Litigation: Non-Competition Agreements
•Internet Trademark Infringement and Product Disparagement
•Trademark Infringement and Product Disparagement
•Wrongful Termination of Franchisees or Distributors
•Business torts (including fraud, misrepresentation, civil theft, breach of fiduciary duty and tortious interference)
•Liability defense
•Creditor representation including foreclosures and collection of secured debts
•Replevin, garnishment, fraudulent transfers and execution of judgments


Courtroom Procedure

In the event your business becomes involved in litigation, knowledge of courtroom procedure is essential. Courtroom procedure can be complicated, and knowing what to expect can enable a business to prepare effectively. The civil litigation process is complex and requires extensive work, even if the case settles before going to trial. The process is governed by numerous federal or state rules, depending on the forum, and involves a number of steps, including:

- Filing a Complaint and answer and any subsequent amendments.
- Filing and arguing various pretrial motions, as applicable.
- Conducting discovery, including depositions, interrogatories, and requests for production.
- Attending the pretrial conference to determine the trial schedule and to address any last pretrial motions.
- Trial and judgment.
- Appeals, if a party believes that some part of the judgment was wrong.
- Proceedings to enforce a judgment, if necessary.

The following is a very general outline of the stages of a civil action.

Complaint Filing

Every case begins with the filing and service of a Summons and Complaint. The Complaint will contain one or more "causes of action" such as "Breach of Contract" or "Misrepresentation".

Service Of Complaint

After the Summons and Complaint have been filed with the court, they must be properly served on the defendant(s). If the defendant(s) will accept service, he/she may sign an Acknowledgment of Service." Otherwise the documents will have to be formally served.

Response To Complaint

The Defendant(s) have 21 days (28 days by mail) from the date of service of the Summons and Complaint to serve on the Plaintiff(s) either an Answer to the Complaint or a pleading challenging the sufficiency of the the Complaint. Failure to answer will constitute default and default judgement.  

Discovery

Once the Complaint and Answer have been filed both parties commence "discovery" procedures by which the evidence necessary to prosecute both sides of the case. Depending on the nature and complexity of the case, one or more of the following discovery devices may be used by the parties:

Interrogatories: Written questions which must be answered under oath.

Request For Production Of Documents: Demands for production of documents by the parties involved.

Requests For Admission: Requiring the parties to say which allegations they affirm and which they deny.

Deposition: The parties may be required to appear in the opposing attorney's office to answer questions under oath in front of a court reporter.

Subpoena Documents From Third Party: Documents may be subpoenad from 3rd parties such as banks and employers.

Discovery Motions (If Applicable)

If a party fails or refuses to comply with discovery requests, it may be necessary for the party propounding the discovery to make a motion in court to compel responses. If the court grants the motion, further responses will be made. If those responses are still inadequate, another motion may be made and the court can sanction (fine) the resisting party. In extreme cases the court can even terminate the action in favor of the moving party.

Trial Setting (pre-trial )

Throughout the case the court will set a series of Case Management Conferences to be attended by attorneys for all parties. These hearings are designed to determine whether the case is ready for trial. When the court feels that a case is ready for trial, it will set the date for trial and make orders concerning completion of discovery and final preparation for trial.

Settlement Negotiations

Settlement negotiations may proceed throughout the trial. Often the court will require the parties to try a mediation of the issues or will set a "Mandatory Settlement Conference" (MSC) before the trial date. Settlement negotiations general become more intense as the trial date approaches.

Trial

The vast majority of cases settle before trial. However if the parties cannot settle the case, the only way to resolve the issues is by way of trial.


Our law firm's hands-on personal attention coupled with the support of attorneys who are dedicated to resolving your legal issues sets us apart from other firms. Our excellent reputation within the legal community is evidenced by the fact that many other lawyers refer their commercial and other litigation cases to us to handle. We have extensive jury trial experience in complex commercial litigation matters.  Our lawyers skillfully represent clients with a wide range of litigation matters, including the most complex, document-intensive court cases and arbitrations. In addition, the firm assists clients with internal investigations and regulatory proceedings.

To learn more about our business and commercial litigation practice, please visit our business and commercial litigation overview page or contact a lawyer at our Michigan law offices. For assistance, call (313) 982-0010. You may also contact us by e-mail.


Summary

If you are a business owner and you have encountered a dispute that you need help to resolve, you need to know what your options are. Whether you are considering suing to establish your rights or you are being sued, a seasoned Michigan business attorney can advise you of those options, assess which one is right for you, and assist you in litigating your case.

What should you do if you find yourself named as a defendant in a lawsuit or threatened with litigation?

First, don’t panic!

You have the right to respond to whatever allegations are made in Michigan within 21 days after personal service. You have the right to raise any affirmative defenses that you might have to the claims made in the lawsuit. Further, you have the right to file a counterclaim against the party bringing the suit, if you have any claims against that party. Just because someone sues you doesn’t mean that they will win their suit or that you have no choice but to give in to their demands!

Second, call us

Call us for a free telephone consultation. An attorney experienced in defending lawsuits will discuss your personal situation with you at no charge. If the attorney believes that you have defenses to the lawsuit or threatened lawsuit, you will be invited to make an appointment for a free consultation at our offices.


You've Been Sued: What Do You Do? Call our firm Today
(313) 982-0010
If you are involved in a dispute requiring legal help or if you have received Court documentation requiring an answer, call our office immediately.


(313) 982-0010