If you run a business in New Jersey, you may be engaged in litigation at some point.
Corporate litigation can involve a wide range of matters including:
- Breach of contract cases
- Partnership disputes
- Shareholder disputes
- Business torts (such as interference with a prospective business advantage)
- Employment disputes (including discrimination and wrongful termination)
- Unfair competition
- Environmental damage and toxic torts
- Product liability
- Regulatory compliance
- Franchise disputes
- Misuse of confidential information and trade secrets
- Covenants not to compete
- Land use and zoning
- Real estate disputes (including lease disputes)
- Construction cases
- Insurance coverage disputes
- Licensing disputes
- Banking and creditor’s rights
- Defending against consumer class actions
Corporate litigation generally starts with the filing of a complaint in either state or federal court. This complaint must be filed within a time limit – the “statute of limitations.”
The time limit will vary depending on the type of case. For example:
- The time limit to file most breach of contract cases in New Jersey is six years.
- The statute of limitations for product liability and personal injury cases is two years.
- The statute of limitations for property damage is six years.
If you’re the plaintiff in a corporate litigation matter, it’s important to move quickly to protect your rights and hire an experienced corporate litigation attorney.
Most corporate litigation in New Jersey involves state courts, which handle most types of business disputes.
Federal courts handle things like:
- Antitrust cases
- Most intellectual property disputes (such as patent and copyright infringement cases)
- Corporate bankruptcy
- Federal tax disputes
- Securities litigation
- Labor relations
- Federal civil rights violations
Corporate litigation proceeds through the same stages as any other civil litigation matter:
- Initiation of the case, including filing any pre-litigation claims or notices
- Filing of a complaint
- Service of the complaint on the defendant(s)
- Responsive pleadings, such as answers
- Amendment of the pleadings, if needed
- Discovery (uncovering relevant facts and evidence)
- Motions (such as discovery motions, motions to dismiss, and summary judgment motions)
- Post-trial motions (if any)
- Appeals (if any)
There are various things a corporate plaintiff can do to protect its interests even before a case is finally resolved. For example, a plaintiff can seek an injunction to prohibit the defendant from doing, or continuing to do, some act.
A corporate plaintiff can also seek to impose a lien on the defendant’s property, so that the plaintiff will be able to collect a judgment awarded by a court.
Most corporate litigation cases filed in New Jersey don’t go all the way to trial and verdict. Most cases are dismissed or settle before they reach that stage.
Often, the parties are able to settle their dispute on their own. They may also seek the help of third party arbitrators or mediators who specialize in alternative dispute resolution.
At the firm of Leopold Law, LLC our New Jersey attorneys represent both plaintiffs and defendants in corporate litigation matters.
If you have questions about the corporate litigation process, we invite you to contact our Hackensack office for a free initial consultation with one of our experienced New Jersey litigation attorneys.
Call us today at (201) 345-5907 or send us an e-mail and let us help you with your New Jersey litigation matter.