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Frequently Asked Questions about Business Litigation

Q: What is involved when litigating a business issue?

A: This depends on the issue. The business owner would follow the same process for business litigation as he or she would for any civil lawsuit, including usually obtaining an attorney, pretrial matters such as motions, possible settlement negotiations, trial, and possibly appeal.

Q: What are some alternatives to litigation?

A: Businesses often use Alternative Dispute Resolution (ADR) methods. The ADR process usually utilizes arbitration or mediation. These alternatives are attractive because they are often less expensive and more efficient than traditional litigation.

Eastern Washington and North Idaho Business Lawyers

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Ramsden & Lyons, LLP represents business law and litigation clients throughout North Idaho and Eastern Washington.

This Business Litigation Center is intended to offer interested people general information about the current state of business law. It is not intended as legal advice, nor does it create an attorney-client relationship. If you have additional questions, please contact Ramsden & Lyons, LLP.

Business Litigation - 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), described below, 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.

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. In addition, state and federal law govern procedural issues; depending on the jurisdiction and the specific court involved, there may be notable procedural differences. If you are faced with litigation involving a business transaction or any aspect of your business, a lawyer can provide additional assistance and counsel regarding your jurisdiction, court, and possible legal options for your situation. A business lawyer is an excellent resource for information regarding litigation and courtroom procedure.

Business Litigation - Appeals

An appeal is an official request for a higher court to review a trial court decision based on alleged error of procedure or alleged error in application of the law. In civil cases, including business litigation, this may occur immediately following a decision on a motion or at the end of a trial. The ability to appeal and the timing of an appeal depends on the court rules and laws of the relevant jurisdiction. In the realm of business litigation, the appeals court scrutinizes the lower court decision to determine whether to uphold, reverse, or modify it. If you have questions about business litigation, it may be advantageous to consult with a business trial attorney.

Class Actions

Class action lawsuits are brought by named plaintiffs, usually one or two, whose alleged injuries are the same as those of a large number of other parties. The plaintiffs do not have to be individuals; businesses may also be class plaintiffs. The purpose of a class action is to combine many similar causes of action. The cause of the common injury could be from any number of sources, such as from violations of federal regulations, product defects, securities fraud, or environmental issues. When multiple plaintiffs with similar claims are involved, litigating each case individually would be expensive and time consuming. A class action suit allows for a combined effort, potentially saving litigation costs and time spent in preparation for and in court.

Alternative Dispute Resolution

In some instances, a business may want to avoid a complicated and expensive courtroom battle by using instead an alternative dispute resolution (ADR) method. ADR is a way to resolve legal issues without going to court. The two most frequently used forms of ADR, described below, are arbitration and mediation.

Business Litigation Resource Links

Cornell University School of Law
This site provides general information about the judicial process, courtroom procedures, and various legal topics.

National Mediation Board
This government site provides public information on the topic of alternative dispute resolution (ADR), particularly focusing on mediation. Although the site is specific to federal law, it is a good general source of ADR information.

Official United States Government Website
This is a good resource for official federal government information. There are links to the federal and state court systems.

Ramsden & Lyons, LLP offers comprehensive business legal advice including business formation, incorporation of limited liability corporations (LLC), formation of limited liability partnerships (LLP), litigation of contract disputes, and business sale and acquisition. Contact Ramsden & Lyons, LLP.

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Our offices are located to serve clients in North Idaho and Eastern Washington. We are convenient to many locations in the Northwest, including Boundary, Bonner, Kootenai, Spokane, and Pend Oreille counties and the cities of Coeur d'Alene, Post Falls, Bonners Ferry, Sandpoint, Wallace, Moscow and Lewiston.