Common Types of Complex Commercial Litigation in Louisiana

Common Types of Commercial Litigation in Louisiana

Business disputes in Louisiana courts come in different forms. Some involve money that’s owed to multiple parties. There are also issues with company control. Breach of contract is one of the most common. It usually happens when a company doesn’t deliver on its promises.

Other claims include a breach of fiduciary duty. These often arise in partnerships. One partner may accuse another of hiding profits. It’s possible that decisions are made without consent. A third party can cause harm in the business relationship, too.

A growing number of tech companies also bring claims involving intellectual property. As the economy shifts, so do the kinds of commercial litigation businesses face.

Louisiana Business Litigation Process

Filing a commercial case starts by preparing a detailed complaint. This outlines the claim and what the party is asking for in damages.

Once filed, the other side gets a chance to respond. The discovery phase follows. Both sides exchange documents during this phase. They try to gather as many facts as possible.

An attorney can file motions to limit the claims. Sometimes, they try to dismiss parts of the case. Some cases have to go to trial, but many settle before they get to that point.

Settlement can come after direct talks between the parties. Courts often encourage resolving disputes without a full trial. This is especially true in civil dockets that are already stretched. Louisiana’s unique legal system can change how some commercial claims are analyzed.

Examples of Commercial Disputes Handled in Louisiana Courts

Many disputes involve companies failing to meet contractual obligations. Others concern ownership rights. Below are some common case types seen in commercial courts:

• Breach of contract: These claims usually come from one party that says the other side failed to perform its obligations. Louisiana courts look closely at the contract terms in these types of cases.
• Shareholder disputes: Internal conflicts can arise when company founders disagree. These disputes can affect control of the company. Courts may be asked to enforce agreements as a result.
• Business fraud claims: These can involve false financials during a sale. Sometimes, there are claims of deception in investment deals. Fraud claims often include allegations of hidden facts.
• Intellectual property: Copying a brand can lead to claims. Courts often look at how the copied material was used. A deciding factor is whether confusion resulted from copying a company’s intellectual property.
• Real estate conflicts: Businesses often end up in court over commercial leases. This includes violations of the lease. Non-payment can also lead to a trial.

Each case turns on its own facts. Businesses in Louisiana should hire a commercial litigation lawyer for such matters. These legal professionals understand how local judges handle these disputes.

When to Hire a Commercial Litigation Lawyer

Speaking with a Louisiana commercial litigation attorney early in the process can protect your interests. An attorney can assess the claim’s strength. Even if you haven’t been served yet, legal guidance can prevent an escalation.

Hiring a lawyer can be helpful if you’re accused of wrongdoing. They can also represent you if you’re trying to collect compensation for lost revenue. Sometimes, just having counsel on record can move a negotiation forward. It might just keep the other side from overreaching.

There are 76,821 employer firms in Louisiana. This makes commercial disputes common across many industries. Legal guidance can improve how your claim is handled, regardless of the size of the business.

Why Choose Us?

Gibson Law Partners, LLC, has over 60 jury trials and 200 bench trials handled to verdict. We have experience in complex litigation involving business and insurance issues. We’re trusted by other lawyers to defend them in high-profile claims. Choose a legal team that has delivered for their clients.

FAQs

Q: What Qualifies as Complex Commercial Litigation in Louisiana Courts?

A: Complex commercial litigation in Louisiana courts usually involves high-value business claims. These situations require interpreting detailed financial documents and lengthy business contracts. They often arise from business breakups or disputes between shareholders. In 2022, 108,161 employer establishments were recorded in the state. This creates the potential for conflicts to arise.

Q: How Are Contract Disputes Between Businesses Handled in Louisiana?

A: Contract disputes between businesses are handled in Louisiana by reviewing the terms of the written agreement. Courts look at the contract language to determine if a breach occurred. One party can file a claim in court. This can happen if a resolution can’t be reached through alternative dispute resolutions, like mediation.

Q: What Types of Fraud Claims Commonly Arise in Commercial Litigation Cases?

A: The types of fraud claims that commonly arise in commercial litigation cases include allegations of false representation, such as concealing facts. In 2023, 418,516 nonemployer establishments were active in Louisiana. This means that disputes over business issues are a frequent source of fraud claims. Proving intent is important for resolving these and other commercial litigation cases.

Q: Are Disputes Involving Intellectual Property Considered Commercial Litigation?

A: Disputes involving intellectual property are considered commercial litigation. This is especially true when they involve competition among similar businesses. New technologies, like artificial intelligence, could also involve commercial litigation laws. This is because innovations in AI could be tied to a business’s branding or commercial operations, making it necessary for that business to defend its proprietary rights.

We Know How to Win

Business owners carry enough stress. They deserve representation who understands the legal system. A trusted legal team knows the impact on daily operations. Companies that wait to act often face further negative outcomes. Schedule a consultation with Gibson Law Partners, LLC. There, you can talk to a legal team that understands what your business means to you.