When a corporate business relationship or a partnership has been harmed or is dissolving, there are real reasons for the split or dissolution. The business does not just fail or fall apart without one or all of the owners having some share in that process. Hopefully, those reasons are not associated with, or due to, one of the business owners or partners acting negligently or breaching their fiduciary duty to that business, for if that is the case damages can be sought to remedy that breach, including criminal actions.
In some cases, if a business is having problems, one of the owners is usually blamed and accusations may be made that will or may threaten the existence of the business, its professional image or even the personal reputation of one of the owners or partners of the business.
If you are finding yourself falsely accused of intentional or negligent behavior, or a breach of fiduciary duty to that business, contact an experienced Trial Lawyer or Business Litigation Attorney who can protect your business and your personal reputation.
For Which Causes of Action can Another Owner of a Business be Sued?
Intentional Acts (Intentional Torts) arecivil actions in which the complaining party claims that the defending party (the party being sued), willfully and intentionally violatedhis professional duties with the intent to cause injury to the person or business.
A “tort” is a legal wrong, and a person or company, who suffers the injury caused by someone else, may be able to pursue compensation from the defending party responsible.
This is done by filing a lawsuit with the local court with proper jurisdiction. Common intentional acts include fraud, theft, embezzlement, defamation of character and conversion of property without consent. The complaining party must prove that the defending party had a duty to observe or protect; that the defending party breached that duty and endangered the other party or business; the complaining party or business suffered damages; and the damages were caused by the negligence of the defending party.
What is Negligence?
Negligence occurs when a person acts contrary to what a reasonably prudent person in a similar situation with a similar background would normally behave. When these negligent acts cause financial injury (or damage) to a business entity or a person, the injured party may take legal action to become reimbursed for such damages. Negligence implies a failure to exercise reasonable or due care of professional duties. Direct intention to cause injury is not required. A simple example of negligence would be failing to file for licensure paperwork with the state causing the company to lose a major contract. The harm was caused through a failure to act and not through a direct intention to cause injury.
Understanding the Litigation Process
Once the Complaint or the Original Petition is filed with the court by the complaining party, and after the defending party is served, a lawsuit is then initiated in court. The defending party will have the opportunity to answer the complaining parties’ charges, in most cases, within 20 days. The defending party can also file a Counter-Complaint or Counter-Petition against the complaining party.
The Trial Litigation Lawyers for the complaining party and the lawyers for the defending party will then work with the court and their clients to come up with stated court and discovery deadlines.
Discovery will be served and responded to and Depositions will be held so that facts and evidence can be ascertained and accumulated. Expert witnesses will also be determined, named and deposed. The discovery process is usually the longest period of the case. Once the discovery process has been completed, the case may go through mediation or arbitration. If neither one works or is not required, your case will proceed on to settlement conferences or a final trial, which can last a day or several weeks depending on the complexity of the claims made.
Hiring the right Trial Lawyer or Business Litigation Attorney who specializes intrial litigation, one who is skilled and understands your case and who can properly ascertain your facts and evidence and present your facts and evidence to the court, can greatly impact the results of your case ultimately so that you can win your case. Keep in mind not all attorneys care about gathering proper evidence or in listening to the client, only going though the motions while you have to deal with the outcome. That is why it is important to hire an attorney who is proactive in your case.
The firm, Goldstein & Scopellite, PC, with its experienced litigation attorneys, has an excellent track-record. The firm, located in Dallas, Texas, was established in 2002; and now only takes selected clients. Contact the firm at 214-351-9100 for more information.
