Litigation is referred to as “complex” both because of the issues and the stakes involved. There are a number of things that can make litigation complex, including:
Complex litigation usually involves one or more businesses. They are either engaged in a business dispute or defending themselves from allegations filed by customers or people who have been impacted by their business. Complex litigation could also involve two businesses that have a dispute with each other over their relationship or something that one of the companies is doing.
Complex litigation often means going up against a sophisticated company that has vast resources at its disposal. Your litigation opponent may have a lot at stake and is prepared to invest heavily in the case. Thankfully, the law is equal for all, and having the facts on your side and an attorney who can skillfully present them levels the playing field.
When you are involved in complex litigation, you can expect a lengthy and painstaking process. Your dispute can take years to resolve, and the result can affect your bottom line for years to come. Companies that are involved could face a substantial amount of liability. There is a reason why attorneys often refer to complex litigation as a “bet the company” lawsuit.
Below, you can read an explanation of the types of cases that we handle and how we can help you.
Commercial litigation involves a business relationship. Accordingly, the litigation may be more complex with sophisticated clients. In addition, the stakes are high for each litigant. Here are some examples of commercial litigation cases:
The commercial litigation process begins as soon as you realize that you are involved in a dispute with someone else. A lawsuit rarely arises immediately, and it is more the product of a prolonged disagreement. You need to hire a commercial litigation attorney as soon as you realize that you are in dispute. An attorney can help you communicate with the other party and potentially reach a resolution that keeps your case out of court.
If your disagreement ends up in the court system, there is a lengthy process that must be followed. Commercial litigation cases often take years if they go all the way to trial. The most important part of your case is the discovery process, where both parties will be able to obtain evidence that is in the hands of the other. Discovery also involved depositions of fact witnesses, potentially including yours.
Many commercial litigation cases will settle before they reach a trial. There are high stakes involved in the case for both parties, and they each have the incentive to reach an agreement and manage their own risk. The rare commercial litigation case that does go to court will have a dramatic impact on your company. Although the court process is expensive and intensive, you may have no choice but to litigate your case. Our law firm has experienced trying many types of complex litigation cases. We offer you pragmatic counsel that is aimed at protecting your legal interests.
Class action lawsuits avail themselves of state and federal rules that allow a group of plaintiffs to join together when they have similar lawsuits to take on a powerful defendant. Individual cases may not make sense because of the amount of effort involved in obtaining a financial recovery. You may have a valid legal case, but it could not be worth a large enough award to take it all the way to trial. It may be difficult for each individual plaintiff to invest the amount of time and effort necessary to gather evidence to prove their case.
The law permits a class action lawsuit in the interests of efficiency and justice. A group of plaintiffs together is stronger than many individual plaintiffs, and they can go toe-to-toe with the largest companies and their white-shoe law firms.
However, you must meet strict requirements in order to file a class action lawsuit. Among other things, there must be enough plaintiffs to justify a class and a common injury suffered by all plaintiffs. There can be dozens of plaintiffs or tens of thousands. The defendant will do everything that they can to keep the class from being certified because they want to make the lawsuit go away, and breaking up the potential class could defeat a lawsuit entirely.
Milian Law can help you by:
In mass tort cases, there are many plaintiffs and one defendant. Mass tort cases are often filed when there has been:
Mass tort cases are somewhat different from class action lawsuits. In both instances, one defendant has committed widespread harm to many people. However, in mass tort cases, the plaintiffs have not suffered the same exact injury, and they may have different facts (disqualifying them from potential class certification). Thus, the cases cannot proceed together.
Separate cases do not mean that there are no efficiencies that can make a case easier. Mass tort cases can often proceed as part of multidistrict litigation. In these cases, all the cases are joined all the way through discovery and the pre-trial motions. Once a common evidentiary record is developed, each case will proceed on its own. It is possible for some plaintiffs to win and others to lose. Everything depends on the lawyers and the jury.
Mass tort cases can lead to a large global settlement. They can also lead to large punitive damages if a jury is shocked and angered by a defendant’s conduct. The result of your case is based on the evidence that you build.
Milian Law can advise you whether it is better to file your lawsuit in state court or join a federal multidistrict litigation. If you are in federal court, we can be the lead counsel or participate on the steering committee. We will then take your case to trial if a settlement is not reached. If there is a settlement, we can help you file a claim and negotiate compensation.
“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”
David P. MilianFounding Attorney
The best legal outcome for your case may not even be a trial. Your attorney is continuously analyzing the strength of your case and weighing it against your risks based on what you know at the time. You may find it in your interest to settle your case.
If your case does go to trial, you can be confident that Milian Law will provide you with aggressive and gloves-off advocacy and representation. We have argued cases in front of juries, and we know how to effectively communicate your position. Each case requires its own distinct strategy, and we are experienced in devising the larger aim of your case based on your own goals and needs.
Milian Law will partner with you while working aggressively on your behalf. We provide pragmatic legal advice after we take the time to get to know you before we recommend how to proceed in your case. At the same time, we will help you prepare for possible litigation by giving you strategic counsel. You should call us as soon as possible because you never know when an offhand remark or action could impact your case. If you have been injured by the actions of a large corporation, we can help you take the fight to them. To speak with a complex litigation attorney, you can fill out an online contact form or call us today at (786) 808-9736.
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Contact us today to schedule a consultation and learn more about how we can assist you with your legal needs (786) 808-9736
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