Business litigation can cover a broad range of legal issues that affect a business. Lawsuits can arise from a breach of contract, a breach of warranty, business torts, unfair practices and trade regulation violations, insurance matters, real estate law, partnership and shareholder disputes, and intellectual property issues. At Mehrmann Law Offices in Kingston, Plymouth County business litigation lawyer Michael S. Mehrmann can advocate for you based on more than 30 years of experience.Business Litigation
Even when important documents, such as contracts or shareholder agreements, are properly and carefully drafted by an experienced attorney, disputes can arise in any business. Business litigation can become very expensive, making it particularly important to retain an attorney who understands your objectives early in the process. In some cases, it is possible to resolve a matter through correspondence or through alternative dispute resolution, such as mediation or arbitration. In other cases, it becomes necessary to take a case to trial. Our firm understands the options available to you and can help you find solutions that work in tandem with your business objectives.
Among the disputes that may arise are commercial real estate disputes. These can become expensive and time-consuming battles. They may involve issues like boundary disputes, zoning litigation, ownership disputes, landlord-tenant disputes, appeals of denied requests for variances, financing disputes, easement disputes, and adverse possession. In some cases, these disputes turn on interpreting a contract for purchase, sale, or lease. In other cases, both parties understand the contract in the same way, but one of them wants to renege or otherwise get out of the contract. A business litigation attorney in Plymouth County can help you protect your interests in these situations.
In general, a written contract is interpreted according to its plain language meaning. Unless a term is ambiguous, the court will not look at outside evidence to interpret it. This means, for example, that the court will not usually look at oral agreements between the parties to do things differently than what the contract says.
Also, in some cases, businesses can be liable for "torts," or wrongs that harm someone else in a way other than breaking an express agreement. One tort for which businesses can be liable is interference with business relations. In order to establish liability for this tort, you need to prove that you had a business relationship for economic benefit with a third party, the defendant knew of your relationship, the defendant interfered with the relationship through an improper means or with an improper motive, and your loss of advantage was caused by the defendant's interference. There is also a tort for interference with a contract, which is similar, except that as a plaintiff you need to prove the existence of a contract with a third party.
In some cases, consumers allege that a business used an unfair or deceptive practice, and it is critical to retain a business litigation lawyer in Plymouth County to defend against such claims. Litigation can be expensive, and in some cases it can result in business dissolution. In order to make a claim under the Massachusetts Consumer Protection Law (Chapter 93A), a consumer needs to allege that the business used a deceptive act or practice, the consumer suffered an injury or loss, and there was a causal relationship between the deceptive act and the injury or loss. Under this law, there are no specific business actions that are explicitly prohibited.
However, some unfair practices that could fall under Chapter 93A include when a business charges consumers higher rates than what was advertised, a business fails to provide relevant information about a product or service, a business advertises an item at a good price but does not sell that item and instead tries to sell a different item for a higher price or less favorable terms in a "bait and switch," or a business does not meet its warranty agreement.Seek Representation from a Plymouth County Business Litigation Attorney
You do not need to hire an in-house attorney to obtain sophisticated legal advice and representation in connection with business litigation. We are proud of providing superior legal services to our clients at a fair rate. Attorney Michael S. Mehrmann has the experience and skills to provide strong legal representation, whether you are going through a partnership dispute or another form of litigation. We represent clients in cities such as Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury. Call us at (781) 585-3911 or use our online form.