Litigation

iStock_000006814649_LargeMany legal issues and disagreements can be resolved outside of the courtroom through negotiation between the parties. When it becomes clear, however, that a mutually agreeable resolution is not forthcoming without formal legal action it is time for litigation.  Many business tort issues require litigation to resolve because of the complexity of the legal issues involved.  KM’s staff includes experienced and skilled litigators who focus on personal injury and financial tort litigation.

Expert – Efficient – Results. 

Financially Based Litigation

In recent years, creditors and adverse parties have regularly sued defendants in an attempt to enforce defaulted financial obligations.  Our attorneys have extensive experience in litigating financially based matters including breach of contract and unjust enrichment.  Our principals’ finance and real estate experience has been invaluable in both defending and prosecuting claims related to defaulted obligations and often our attorneys are able to think “outside the box” to reach settlement terms that maximize the value systems of both parties.

Tort Litigation

Personal Injury Tort Litigation
Tort law is the area of the law that deals with injury caused by wrongful acts.  KM has experience representing plaintiffs in personal injury claims for wrongful death, vehicle negligence, slip and fall, construction related injury and death, property damage, medical malpractice, and premises liability.  KM also represents plaintiffs in product liability actions

Business Tort Litigation
Although an individual can be sued for a financial tort, most financial tort lawsuits are filed against a business often businesses have the  financial wherewithal to pay the damages should the plaintiff prevail.  A business may face tort litigation for a wide variety of reasons and from numerous potential directions.  When financial matters are at stake, the possibility of litigation typically increases dramatically.  Our attorneys represent both plaintiffs and defendants involved in tort litigation based on a wide variety of claims, including:

  • Fraud – fraud, in the realm of business torts, typically occurs when the defendant intentionally used deception for financial gain. Within the tort of fraud there are numerous sub-categories such as computer fraud, mail fraud, and investment fraud. Fraudulent advertising is a common allegation businesses face from unhappy customers or clients.
  • Breach of Fiduciary Duty – when someone is in a fiduciary position, the individual must use the utmost caution and care with the assets or funds under his control.  If the fiduciary breaches that duty the injured party may pursue legal action for damages.  If, for example, a business handles client funds and an employee mismanages those funds, the business could face a lawsuit for breach of fiduciary duty.  Further, a member or partner owes certain duties to their co-members or co-partners.  If these duties are breached, the aggrieved party may have a legal claim.  KM stands ready to represent parties in the prosecution or defense of such claims.

Despite the fact that many complaints a business receives lack merit, a business cannot ignore a complaint.  On the contrary, even a seemingly frivolous complaint, claim, or allegation should be defended aggressively from the outset by any business to prevent protracted and expensive litigation down the road.  Whether the threat of legal action comes from a disgruntled former employee or partner, a client, or a competitor, a business should move swiftly and expeditiously to resolve the matter when possible.  When a swift resolution is not possible, the attorneys at KM will be prepared to defend or prosecute the claim in court.