Business Litigation Attorney in Dallas, Texas

How Commercial Litigation Works

Litigation involves handling civil disputes between parties. This often includes the negotiation of matters before filing suit and the prosecution of lawsuits. We have litigated matters for clients who have problems that need resolution in Texas courts.

The Law Offices of David L. Leon, PC’s litigation practice includes varied matters in the Texas probate courts, Texas county courts, state district courts in Texas, and federal district courts in Texas. For other clients needing assistance outside Texas, we can coordinate with local counsel to manage litigation on a case by case basis.

Litigation is a complex process, but there are some basic items that a party may seek. There are very few types of relief available through the judicial process. Most often, a party will seek money from another party, called damages, or a party will request a specific action from another party, called an injunction.

In some cases, there is an immediate need to have a court order a party to do or not do something. These time-sensitive requests are known as temporary restraining orders. Other remedies include asking a court to determine the meaning of a contractual clause, called a declaratory or dec action.

What Are the Different Types of Courts?

Small claims and JP courts are typically used for disputes involving less than $10,000. Small claims courts are limited to actions for damages. Justice of the peace courts can hear small claims actions, eviction cases, and other matters. For larger disputes involving Texas parties and questions of Texas law, county courts at law or district courts are the most common forum to file a lawsuit. Family courts hear matters involving domestic relations, custody, adoptions, and the like.

If a case involves the estate of a deceased person or an incapacitated person, then the probate court is an appropriate forum. For disputes involving questions of United States law (i.e. a federal questions), or for certain large scale disputes involving parties that are not Texan, federal courts are a common forum.

Appeals courts hear appeals from the lower courts in their jurisdiction. In most Texas counties, criminal courts are typically separate.

What Is Fiduciary Litigation?  

A fiduciary is someone who owes the highest duty of care to another person. In this type of litigation, a fiduciary may be the person in charge of a retirement plan, a person who has been appointed power of attorney, guardian, administrator, or executor of a ward or an estate. If this person puts his or her interest above those to which s/he owes the fiduciary duty, then such conduct is actionable.

For example, suppose John holds a power of attorney document to conduct the affairs of Steve. John uses the power of attorney for his own benefit. Steve has a cause of action against John for breach of fiduciary duty.

Alternative Dispute Resolution

Arbitration is an alternative form of dispute resolution. Instead of using the court system, parties can elect to resolve their disputes by using a private organization, such as the National Arbitration forum or the American Arbitration Association.

In arbitration, you present the facts of your case to an arbitrator - either an individual or a panel - who decides the merits of the case and the appropriate relief.

Mediation is a process by which parties attempt to mutually negotiate a solution to a dispute by using an independent mediator.

Commercial Collections and Suits to Collect Past Due Invoices

This tends to be one of the more common types of litigation. Essentially, a business will offer goods and services on a revolving account basis to another business. When those invoices remain unpaid, litigation may be necessary.

The typical first step is to assemble all written documents exchanged between the parties. Next, a demand letter stating that the other party is in breach of the arrangement would be sent, detailing what the other side needs to do in order to rectify the situation.

Should the sides fail to reach a settlement, then the side owed money can file a suit in which a representative of the company that issued the invoices swears to the truthfulness of the invoices. This is called a sworn account suit. This forces the other side to have to file a sworn answer stating that they do not owe the invoices.  

Wrongful Death and Survivor Suits

If someone dies due to the act or omission of another, then there may be a cause of action by the heirs of the deceased for wrongful death. If the deceased suffered personal injury prior to death, then the deceased's estate may have a cause of action called a survival claim.

We can assist with the prosecution of these matters. Some of the services include ancillary probate, appointment of personal representatives, appointment of an independent administrator of an estate, determination of heirs, and determination of common law marriage. This also includes obtaining letters of testamentary or letters of administration of an estate.

I Have a Judgment. Now What?

If you have a judgment, either from a Texas court or from another federal or state court, we can assist you with the processing and collection of that judgment in Texas. This includes the registration of a foreign judgment in Texas state or federal court, settlements, including negotiation of judgments, removal of judgment liens, post judgment collections, abstracts, and enforcement.

Contact a Commercial Litigator in Dallas, TX

Attorney David Leon handles a variety of business litigation matters for worldwide clientele who have business matters in Texas. Some of the more common cases include:

• commercial collections

• deceptive and unfair trade practices

• business dissolution disputes

• breach of contract actions, including breach of employment agreements and breach of noncompete contracts