Frequently Asked Questions - LITIGATION

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Yes!  Besides being on the Trial Team and receiving the American Jurisprudence Award in Trial Advocacy while at Notre Dame Law School, Paul has been a trial lawyer handling all sorts of litigation cases from his very first attorney position in 1994.

Specifically, and as some examples, Paul has experience with:

• Advising clients on all aspects of non-criminal litigation
• Taking cases to trial
• Representing both Plaintiffs and Defendants in civil litigation
• Landlord & Tenant litigation and evictions
• Contract disputes, negotiation, and litigation
• Business disputes, negotiation, and litigation
• Commercial litigation
• Construction/Mechanics' lien law litigation
• Discovery procedures, depositions, document requests, and so forth
• Property disputes & property litigation, and more.

Commercial litigation refers to the process of resolving legal disputes that arise in a business or commercial context through the court system. 

It involves legal actions taken by one business entity against another, or by an individual against a business, relating to various business-related matters. 

Commercial litigation (a/k/a "business litigation") can encompass a wide range of disputes, including:

1. Contract Disputes: These are disputes arising from breaches of contracts or disagreements over the terms and performance of contracts.
2. Business Torts: These involve claims related to business-related wrongdoing, such as fraud, misrepresentation, defamation, interference with business relationships, unfair competition, and more.
3. Intellectual Property Disputes: These cases involve issues related to trademarks, copyrights, patents, and other intellectual property rights.
4. Employment Disputes: Matters such as wrongful termination, discrimination, harassment, and wage disputes can lead to commercial litigation.
5. Real Estate Disputes: Cases concerning property leases, purchase agreements, zoning issues, and property rights can also fall under commercial litigation.
6. Partnership and Shareholder Disputes: These involve conflicts among business partners, shareholders, or members of a company over ownership, management, or decision-making.
7. Debt Collection: Litigation to recover unpaid debts or resolve disputes over financial obligations falls into this category.
8. Antitrust and Trade Regulation: Cases involving violations of antitrust laws or unfair business practices may lead to commercial litigation.
9. Insurance Disputes: Disagreements between businesses and insurance companies over coverage, claims, or policy terms can result in litigation.
10. Product Liability Claims: Cases where a business is held responsible for injuries or damages caused by a defective product can lead to litigation.

Commercial (business) litigation can be complex and may involve significant financial stakes. The parties involved typically hire attorneys who specialize in this area of law to represent them in court. The litigation process includes various stages such as filing the lawsuit, discovery (gathering evidence), pre-trial motions, negotiations, trial, and potentially appeals. 

A civil (non-criminal) case is a legal dispute between two or more parties seeking a resolution through the court system. Civil cases can involve a wide range of issues, such as: 

• Family law
• Divorce
• Dog bite/dangerous animal cases
• Estate Planning, Wills, and Trusts
• Probate cases
• Contracts
• Cases involving injuries on someone else's property
• Landlord-tenant cases
• Property disputes
• Personal injury claims, and more.

Generally, civil cases in Montana are typically filed in the District Court of the county where the incident occurred, where the defendant resides, or where the defendant can be found. Each county in Montana has its own district court.

To initiate a civil lawsuit in Montana, you must file a complaint with the appropriate district court. The complaint outlines your claims against the other party and the relief sought.  Call us for more information or if you are considering filing a lawsuit in district court.

Yes, parties in a civil case can choose to settle their dispute through negotiation, mediation, or arbitration, without going to trial.

 If a civil case goes to trial, both parties present their arguments, evidence, and witnesses to a judge or jury. The judge or jury then decides the outcome of the case based on the evidence and applicable laws. Call us and we can review the particulars of your case with you.

Yes, if you disagree with the outcome of a civil case, you may have the right to appeal to a higher court.

Yes, there are time limits for bringing a civil case in Montana. These time limits are known as "statutes of limitations," and the statute of limitations varies depending on the type of civil case. It is crucial to consult with an attorney to determine the specific statute of limitations that applies to your case.

Oh my goodness, yes.  If you call our Firm, you might be surprised who answers the phone -- (406) 630-3032.