Commercial Litigation

At VolkLaw in Melbourne, Florida, our experience in commercial litigation is wide and deep. Our Commercial litigation attorneys understand that many cases demand subject matter knowledge and special skills, so we will create a personalized litigation team that possesses those specific skills needed for your case. We are prepared to conduct extensive research and analysis and use advanced technologies in the litigation process. We involve you in key steps in the process. We want you to feel that you have the most knowledge possible to make an informed decision with all of your available options. We will walk you through everything from pre-litigation strategies and tactics, to deciding how and when to try your case.

Commercial Law, or business law, is considered a branch of civil law, and deals with both public law and private law issues. This applies to the relations, rights, and conduct of businesses and individuals engaged in trade, sales, merchandising, manufacturing, and other forms of commerce. Commercial Law regulates hiring practices, contracts, and manufacturing and sales of consumer goods, banking; contracts; securities; collections; marketing and advertising.

Our dynamic combination of industry knowledge, courtroom experience, legal insight and practical business sense set us apart from all other attorneys, helping our clients to triumph in cases that are critical to their businesses. Contact VolkLaw today to consult with one of our lawyers and find the team that will ensure the successful resolution of your dispute.

Questions and Answers about Commercial Lawsuits 

Commercial lawsuits in Florida encompasses a wide range of legal disputes that arise within the business context. The lawsuit process is often called litigation. Here are some frequently asked questions and answers to provide a general understanding:  

Q: What types of disputes fall under commercial litigation in Florida?

• A:
• Breach of contract: Disputes over the terms and performance of business agreements.  
• Business torts: Claims involving wrongful acts that harm a business, such as fraud, defamation, or unfair competition.
• Partnership disputes: Disagreements between partners regarding the operation or dissolution of a partnership.  
• Shareholder disputes: Conflicts between shareholders of a corporation.  
• Real estate litigation: Disputes related to real estate transactions or leases.  
• Intellectual property disputes: Claims involving patents, trademarks, copyrights, or trade secrets.  
• Debt collection.  

Q: What are some common steps in a Florida commercial litigation case?

• A:
• Filing a complaint: The plaintiff initiates the lawsuit by filing a complaint with the court.  
• Discovery: The parties exchange information and evidence relevant to the case.  
• Negotiation and mediation: The parties may attempt to settle the dispute through negotiation or mediation.  
• Trial: If a settlement cannot be reached, the case proceeds to trial.  
• Judgment and appeals: The court issues a judgment, and either party may appeal the decision.

Q: What is the "discovery" process in commercial litigation?

• A:
• Discovery is a pre-trial process where parties obtain information from each other third parties.  
• This can involve:
• Depositions (oral testimony under oath).
• Interrogatories (written questions).  
• Requests for production of documents or inspection of lands.  

Q: Can commercial disputes be resolved outside of court in Florida?

• A:
• Yes. Alternative dispute resolution (ADR) methods, such as mediation and arbitration, are commonly used to resolve commercial disputes.  
• These methods can be less expensive and time-consuming than litigation.  

Q: What are some key considerations when selecting a commercial litigation attorney in Florida?

• A:
• Experience: Look for an attorney with experience in handling commercial litigation cases.  
• Knowledge of Florida law: Ensure the attorney is knowledgeable about Florida's commercial laws and court procedures.
• Communication skills: Choose an attorney who communicates effectively and keeps you informed throughout the process.
• Reputation: check reviews and ask for referrals.  

Q: How does Florida law address breach of contract claims in commercial litigation?

• A:
• Florida law generally requires that a valid contract exist, that a breach occurred, and that monetary harm, called damages resulted from the breach.  
• Injured party remedies are usually for monetary damages. In some rare cases specific performance can be sued for such as with the purchase of a unique asset like real estate.  

Important Note: Commercial litigation is a complex area of law. It's crucial to consult with a qualified Florida commercial litigation attorney for specific legal help. If you hire a jack of all trades, you might end up as a joker.

 

The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention. The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.