Being named as a defendant does not necessarily mean your business is limited to playing defense. When a business is sued, the immediate focus is usually on defending against the claims in the complaint. Common relevant questions include: What is the plaintiff alleging? What is the deadline to respond? What documents contradict the allegations? What […]
Contract Dispute
The Complaint Makes Allegations That Are Not True. What Should Your Business Do?
A lawsuit tells the plaintiff’s version of the story, not necessarily what happened. Few things are more frustrating for a business owner than reading a complaint filled with allegations they believe are inaccurate, misleading, or false. The immediate reaction may be to call the plaintiff, send an angry email, contact employees to explain what “really […]
Should You or Your Business Answer the Complaint or File a Motion to Dismiss?
Being sued does not necessarily mean your first response should be an answer. After being served with a lawsuit, one of the first strategic decisions is how to respond. In some cases, the appropriate response may be an answer that denies the plaintiff’s allegations, asserts affirmative defenses, and potentially brings counterclaims. In others, there may […]
What Happens If Your Business Ignores a Lawsuit?
Ignoring a business lawsuit does not make it go away, and the other side may obtain a judgment without ever proving its case at trial. When a business receives a summons and complaint, doing nothing can be one of the most consequential responses. The allegations may seem meritless. The amount demanded may appear exaggerated. An […]
Your Business Received a Lawsuit. What Happens Next?
Being served with a lawsuit starts the clock, and what your business does next can affect the entire case. Receiving a summons and complaint can disrupt any business. The papers may arrive at the office, be delivered to a registered agent, or reach an owner or executive with little warning. The allegations may be surprising, […]
What Happens When Both Sides Claim the Other Breached the Contract First?
In many business lawsuits, the real fight is not whether one party breached the contract, but who breached it first. Breach-of-contract lawsuits are not always as simple as one party failing to perform and the other suing. In many commercial disputes, both sides accuse the other of violating the agreement. A customer may claim that […]
What Happens When the Contract Says One Thing, but the Parties Did Something Else?
The written contract may say one thing, but months or years of doing business differently can complicate the dispute. Business relationships do not always operate exactly as written in contracts. A contract may require payment within 30 days, but one party routinely accepts payment after 60. An agreement may require written approval before additional […]
Can Your Business Recover Lost Profits After a Breach of Contract?
The value of a contract lawsuit may extend far beyond the amount of an unpaid invoice. When one company breaches a contract, the financial consequences for the other business may extend beyond the money immediately owed under the agreement. A supplier’s failure to deliver critical materials may prevent a company from completing orders for its […]