usiness disputes can arise in any area of an enterprise. Partners can disagree, suppliers fail to make timed deliveries, employees get hurt or mistreated on the job, shareholders are upset with management decisions, or the government comes knocking on the door seeking explanations of conduct or products in the marketplace.
The corporate litigation lawyers at Massey, Stotser & Nichols, PC, counsel and represent businesses in litigation across industries on a wide variety of legal disputes in Birmingham, Alabama and the Southeastern area of the state.
Whether you own a mom and pop store, are a franchise, or are an executive at a publicly traded company, the litigation needs of a business are the same. Businesses need advice and counsel of lawyers to initiate a lawsuit or defend against one when the parties involved in a dispute cannot reach an amicable solution.
THE BEST SETTLEMENT IS WHEN EVERYONE WINS
Oftentimes, during the settlement of claims, lawyers, judges, and other people connected with the litigation tell litigants that the best legal settlements are the ones where everyone loses. That suggestion is not the complete picture. When people are sued they become upset and defensive that their action or inaction may have harmed other people. The focus becomes proving they took correct action rather than resolving the dispute.
Companies are not in business to litigate disputes. Companies are in business of making products to sell to customers or providing services to clients for a profit. Whether you come out of the litigation process the winner or the loser is not important, resolving your lawsuit competently and quickly are the most important factors to focus on so that you can return to running your business instead of fighting about who is right and who is wrong.
COMMON CORPORATE LITIGATION MATTERS
Business Operation Disputes
- Partnership disputes
- Shareholder disputes
- Premise liability
- Business dissolution
- Violations of federal, state and county discrimination laws
- Violations of federal, state and county wage and hour laws
- Workers’ Compensation lawsuits
- Unemployment Insurance lawsuits
- Pension and retirement plans lawsuits
Regulatory Agency Disputes
- OSHA violations
- FDA product recalls
- SOX violations
- Incorrect labeling
- Deceptive advertising or consumer information practices
Product and Service Offerings Disputes
- Recalled products disputes
- Defects in design or manufacturing of products disputes
- Professional malpractice disputes
- Medical malpractice disputes
DISPUTE RESOLUTION FORUMS IN CENTRAL ALABAMA
When companies sue, or are sued, by a person or another company, they appear in court to seek a resolution of their dispute. Before getting court help, oftentimes companies, their managers, executives or their lawyers, try to resolve the dispute in structured or formal negotiations. If they reach an agreement they prepare a settlement agreement, which creates a legally binding contract, writing and acknowledging the agreement to resolve and end the dispute.
If a voluntary agreement is not possible, the company hires corporate litigation attorneys to initiate or defend the company in a lawsuit. Lawsuits in Alabama can be initiated in several different forums. To determine where to file a lawsuit, considerations such as the place of the accident or dispute, the country where the parties are located, the amount in controversy, and the laws in question are all examined.
Alabama Court System
Civil disputes in Alabama are resolved in the state court system. There is an appellate body that reviews the decision of the lower court and either agrees, disagrees, or sends the case back for further inquiry. If one of the parties is still not satisfied with the outcome of the lawsuit and if a legal question is presented, they may petition the Supreme Court of Alabama, the highest court of the state, for final resolution of the dispute.
Alabama Federal Court System
Similarly, if the parties in the lawsuit are from different states, the matter involves a federal law question, and the amount in controversy is over a certain amount of money, the parties can sue each other in the U.S. federal court system through the federal district courts and court of appeals. Like in Alabama, the supreme law of the United States is determined by the U.S. Supreme Court.
CORPORATE LITIGATION LAWYERS IN ALABAMA
Massey, Stotser & Nichols, PC is a full service, Birmingham, Alabama law firm that serves clients in the cities of Birmingham, Alabaster, Ashville, Bessemer, Clay, Fultondale, Gardendale, Homewood, Hoover, Leeds, Moody, Mountain Brook, Oneonta, Pelham, Pell City, Pinson, Springville, Trussville, and the surrounding areas. Visit our website at msnattorneys.com for more information about our business law, family law, and accident and injury law practice groups.