Litigation Is Often the Last Resort When Disputes Cannot be Settled Reasonably
According to the Legal Information Institute at the Cornell Law School (LII), litigation is the process of resolving disputes that are begun by filing or answering a complaint through the public court system.
When two companies, an individual and a company, or even multiple people and entities have a dispute, most likely, they have tried to resolve the dispute through informal means, such as negotiations or mediation, or more formal means like arbitration. However, when these methods fail, the cases are often continued or brought in court by way of litigation.
How Can the Law Office of Jenna F. Karadbil Help With a Dispute?
When settlement negotiations fail, our attorneys are at ready to litigate for our clients. We have extensive experience in litigating cases in both State and Federal courts around the country. Our litigation practice focuses on our practice areas, such as intellectual property (patent, copyright, trademark, and trade secrets), technology, and entertainment.
We understand that litigation can be stressful and expensive. So, we take the time to understand each of our client’s unique situations and develop a tailored approach to meet each client’s individual needs.
We Walk You Through the Litigation Process
While each case is generally different, you can expect a few similar processes and events along the way. Most litigation follows these steps:
- Filing the Complaint: Lawsuits are triggered when one of the parties (plaintiff) involved in the dispute files a Complaint, which puts the court and the other parties involved in the dispute on notice that they are being sued and provides basic information such as names, addresses, the reason why the lawsuit is proceeding in that particular court (jurisdiction and venue), the claims that are the subject matter of the dispute, and the relief the plaintiff is seeking for such claims.
- Filing the Response: The party being sued (defendant) has a limited time period (typically 30 days) to respond to the Complaint, usually with an Answer, that addresses each allegation in the Complaint. The defendant may also file its own claims against the plaintiff (a Counterclaim).
- Pretrial Motions: While not always seen, often there are pretrial motions that are filed before the case really gets off the ground. These include motions such as a motion claiming lack of jurisdiction or a motion to change the venue.
- Discovery: This is the fact-finding stage. All parties will ask, generally through a number of written and oral discovery requests, for all kinds of information. This stage includes depositions and requests for documents, such as electronic records. Discovery can take anywhere from a few months to over a year, depending on the case and the parties involved
- Motions: There are additional motions that can be filed prior to the trial. These range from motions to limit evidence presented at the trial to motions for summary adjudication, seeking to have the court resolve the matter without a trial.
- Trial: Eventually, we reach the trial stage, where the law is applied to the facts at hand, and the factfinder decides the case. The “factfinder” is typically a jury, but may also be just the judge in what’s called a “bench trial.”
- Verdict: After the trial concludes, the factfinder deliberates and determines the verdict, at which point you either win or lose. Though, sometimes it isn’t quite that simple, such as when a party “loses” but only has to pay limited or no monetary damages or when a party “wins” but isn’t awarded the remedy they requested.
- Appeals: Losing parties may appeal the decision after the trial. Appeals can also occur before a trial, in certain circumstances, such as when a preliminary injunction is awarded.
- Collection: Once the trial is over unless the verdict has been stayed, you can start collecting on your monetary award. Though, even if you win, the opposing party might choose bankruptcy or avoid paying off their judgment in any number of ways.
The Law Office of Jenna F. Karadbil Can Help You Reach a Favorable Settlement or a Successful Trial Outcome
The Law Office of Jenna F. Karadbil, P.C., has decades of experience representing plaintiffs and defendants in intellectual property, technology, and entertainment litigation matters. Contact our firm to help guide you through this often complex and arduous process.