Experienced Representation in Significant Civil Disputes
Civil disputes can arise from contracts, property interests, organizational relationships, contested legal rights and other circumstances in which individuals, businesses or organizations find themselves in serious disagreement.
When those disputes cannot be resolved informally, litigation may become necessary to establish legal rights, prevent continuing harm or obtain an appropriate remedy.
Thorgood Law Firm represents individuals, businesses and organizations in significant civil litigation in New York State and federal courts.
For nearly three decades, attorney Shamsey T. Oloko has represented clients in contested legal matters. The Firm’s litigation experience includes proceedings before the New York State Supreme Court, the United States District Courts for the Southern and Eastern Districts of New York, appellate courts and the United States Tax Court, as well as arbitration, mediation and other forms of alternative dispute resolution.
We represent both plaintiffs and defendants. Our approach begins with understanding the dispute, identifying the client’s objectives and developing a strategy designed to achieve an effective resolution.
Civil Litigation Matters We Handle
Civil litigation encompasses a broad range of disputes. Our practice is focused on significant matters involving contractual, property, organizational and other legal rights.
We represent clients in matters involving:
The appropriate strategy depends upon the nature of the rights involved, the available remedies, the urgency of the dispute and the client’s objectives.
Contract and Agreement Disputes
Many civil disputes arise because parties disagree about their respective rights and obligations under an agreement.
The dispute may concern what the agreement requires, whether a party has performed its obligations, whether a breach has occurred, whether an agreement was properly terminated, or what remedy is available when one party fails to perform.
Thorgood Law Firm represents plaintiffs and defendants in disputes involving the interpretation, enforcement, performance and termination of agreements.
A contract dispute often requires careful analysis not only of the written agreement, but also of the parties’ conduct, communications and performance.
Where appropriate, we seek monetary damages, declaratory relief, injunctive relief, specific performance or other remedies available under the circumstances.
Declaratory Judgment Actions
Sometimes the central issue in a dispute is not simply whether one party owes another money. The parties may fundamentally disagree about their respective legal rights.
A declaratory judgment action can provide a means of asking a court to determine those rights and legal relationships.
Declaratory relief may be appropriate in disputes concerning the meaning of an agreement, the authority of parties under governing documents, ownership or property rights, continuing contractual obligations, or other circumstances in which uncertainty concerning legal rights has created an actual controversy.
A declaration can be particularly important where the parties have an ongoing relationship and need a judicial determination of their respective rights before additional disputes or injuries occur.
Depending upon the circumstances, declaratory relief may also be sought together with an injunction or other relief.
Temporary Restraining Orders and Preliminary Injunctions
Some civil disputes require immediate action.
Waiting months or years for a final judgment may provide little protection when the challenged conduct is occurring now and threatens continuing harm.
In appropriate circumstances, a party may seek a temporary restraining order or preliminary injunction to preserve rights and prevent specified conduct while the underlying case is being litigated.
Thorgood Law Firm represents clients both seeking and opposing applications for temporary restraining orders and preliminary injunctions.
Emergency relief may arise in disputes involving contractual rights, organizational control, property interests, confidential information, restrictive covenants, governance issues or other circumstances in which monetary damages may not adequately address the threatened injury.
Applications for provisional relief often occur at the very beginning of a case. Careful development of the facts, governing documents and requested relief can therefore be critical.
Property, Ownership and Other Contested Rights
Civil litigation may also involve disputes concerning ownership, control, use of property or other legally protected interests.
These disputes can involve individuals, businesses, organizations or combinations of parties whose rights arise from contracts, ownership documents, governing instruments or other legal relationships.
Where the parties disagree over who possesses a particular right, authority or interest, litigation may require the court to interpret the relevant documents, determine the parties’ legal relationship and fashion an appropriate remedy.
Depending upon the circumstances, that remedy may involve damages, declaratory relief, an injunction, specific performance or other equitable relief.
Organizational and Governance Disputes
Disputes within corporations, nonprofit organizations and other entities can become particularly difficult when competing parties claim the authority to act on behalf of the organization.
These cases may involve bylaws, operating agreements, corporate documents, membership rights, voting rights, management authority, fiduciary obligations or other governing instruments.
We represent clients in disputes concerning the interpretation and enforcement of governing documents and the respective authority and obligations of the parties.
In appropriate cases, declaratory and injunctive relief may be necessary to establish who possesses authority under the governing documents and to prevent unauthorized conduct while the dispute is pending.
Fraud, Misrepresentation and Fiduciary Duty Claims
Civil disputes sometimes involve allegations that another party engaged in fraud, made material misrepresentations or violated fiduciary obligations.
These claims can arise from contractual relationships, financial dealings, ownership arrangements, organizational relationships and other transactions.
Thorgood Law Firm represents plaintiffs asserting such claims and defendants accused of wrongful conduct.
Because New York law distinguishes between independent tort claims and claims that merely duplicate contractual obligations, careful analysis of the underlying duties, representations and alleged injuries can be particularly important.
Civil Litigation in New York State and Federal Courts
Litigation strategy is affected not only by the substantive dispute but also by the court in which the case proceeds.
Thorgood Law Firm’s experience includes matters before New York State Supreme Court, the United States District Courts for the Southern and Eastern Districts of New York, appellate courts and the United States Tax Court.
Our representation in civil litigation may include:
Not every matter requires every stage of litigation. Our strategy is developed around the particular dispute and the result the client is seeking.
Resolving Civil Disputes Through Mediation and Arbitration
A lawsuit is not always the only—or best—way to resolve a civil dispute.
Some agreements require arbitration. Other disputes may be appropriate for mediation or negotiated resolution before or during litigation.
Thorgood Law Firm represents clients in arbitration and mediation proceedings and participates in court-sponsored and other alternative dispute resolution processes.
Mediation can be particularly useful where parties want to explore resolution while retaining control over whether to accept a settlement. Arbitration may provide an alternative adjudicative forum where required by agreement or chosen by the parties.
We evaluate these alternatives as part of the overall litigation strategy rather than treating them as an afterthought.
A Strategic Approach to Civil Litigation
Effective litigation begins with identifying what the client actually needs to accomplish.
For one client, the principal objective may be recovering damages. For another, it may be enforcing an agreement, stopping another party from taking unauthorized action, establishing ownership or contractual rights, compelling performance, preserving an organization or obtaining a judicial declaration that resolves an ongoing controversy.
Those differences matter.
At the outset of a case, we seek to identify the controlling documents and legal issues, evaluate the available claims and defenses, determine whether immediate relief is necessary, and assess whether litigation, negotiation, mediation or arbitration provides the most effective route forward.
The objective is not litigation for its own sake. It is using the available legal process strategically to protect the client’s interests.
When Should You Contact a Civil Litigation Attorney?
It is often beneficial to consult litigation counsel before a dispute develops into a full lawsuit.
Consider seeking legal advice when:
Early evaluation can help identify potential claims and defenses, preserve important evidence and determine whether steps should be taken before litigation begins.
Frequently Asked Questions About Civil Litigation in New York
What is civil litigation?
Civil litigation is the legal process for resolving non-criminal disputes between individuals, businesses, organizations or other parties.
Civil cases may involve contracts, property or ownership rights, fraud, fiduciary obligations, organizational governance, requests for injunctions or declarations concerning the parties’ legal rights.
Depending upon the dispute, the plaintiff may seek monetary damages, equitable relief or both.
What is the difference between civil litigation and commercial litigation?
Civil litigation is the broader category. It encompasses many types of non-criminal disputes involving individuals, businesses and organizations.
Commercial litigation is generally focused more specifically on disputes arising from business and commercial relationships, such as breach of commercial contracts, business torts, restrictive covenants and disputes among business owners.
Thorgood Law Firm handles significant civil disputes as well as commercial litigation.
What is a declaratory judgment?
A declaratory judgment is a judicial determination of the parties’ legal rights or relationships.
Rather than simply awarding damages for a past wrong, a court can in appropriate circumstances declare what an agreement requires, whether a party possesses a particular right or authority, or how the parties’ legal relationship should be understood.
Declaratory relief can be particularly useful when an actual controversy exists and resolving uncertainty about the parties’ rights may prevent continuing or future disputes.
When can a court issue a temporary restraining order or preliminary injunction?
Temporary restraining orders and preliminary injunctions are forms of provisional relief intended to address circumstances in which waiting for a final judgment could cause significant harm or undermine the effectiveness of the eventual judgment.
The party seeking preliminary injunctive relief must satisfy specific legal requirements. The court will consider matters including the merits of the claim, the nature of the threatened injury and the respective equities of the parties.
Because these applications can proceed quickly, obtaining legal advice promptly can be important.
Can I obtain both damages and an injunction?
Potentially. The remedies available depend upon the underlying claims and circumstances.
Some cases primarily involve monetary damages. Others may justify equitable relief such as an injunction, declaratory judgment or specific performance. In appropriate circumstances, a party may seek both monetary and equitable remedies.
The relief requested should be evaluated at the beginning of the litigation because it can affect both pleading and litigation strategy.
What happens after a civil lawsuit is filed in New York?
The precise procedure depends upon the court and type of action, but a civil case generally begins with pleadings setting forth the parties’ claims and defenses.
The case may then involve motions, exchange of documents and other discovery, depositions, expert evidence where appropriate, settlement discussions and potentially summary judgment.
If the case is not dismissed or resolved through motion practice, negotiation, mediation or another process, it may proceed to trial.
Can a civil lawsuit be settled before trial?
Yes. Many civil cases are resolved without trial.
Settlement can occur before an action is filed, during discovery, after significant motion practice, through mediation, or even while a case is being tried.
Whether settlement is appropriate depends upon the strength of the claims and defenses, available remedies, litigation risks, costs and the client’s objectives.
Preparation for litigation and willingness to proceed when necessary can also materially affect the strength of a party’s negotiating position.
Can civil disputes be resolved through mediation or arbitration?
Yes.
Mediation involves a neutral mediator who assists the parties in attempting to reach a voluntary resolution. The mediator generally does not impose the result.
Arbitration is different. An arbitrator or panel hears the dispute and ordinarily issues a decision in accordance with the governing arbitration agreement and applicable rules.
Some contracts require arbitration. Mediation may be voluntary, contractually required or part of a court-sponsored dispute resolution process.
Do you represent both plaintiffs and defendants?
Yes. Thorgood Law Firm represents both parties bringing civil claims and parties defending against them.
Experience on both sides of disputes can be valuable in evaluating the opposing party’s likely strategy, the strengths and weaknesses of claims and defenses, and potential opportunities for resolution.
Experienced Civil Litigation Representation
Thorgood Law Firm brings nearly three decades of legal experience to significant civil disputes.
Our litigation background includes New York State and federal court litigation, appellate matters, commercial disputes, U.S. Tax Court litigation, arbitration and mediation.
We bring careful factual analysis, detailed legal research and strategic judgment to each matter, with the objective of protecting the client’s rights while pursuing an effective resolution.
Our civil litigation practice is focused on significant contractual, property, organizational, business-related and other contested legal matters. The Firm does not handle matrimonial, landlord-tenant or personal injury matters.
Speak With a New York Civil Litigation Attorney
If you are involved in a significant civil dispute—or believe litigation may be imminent—early evaluation can help identify your rights, available remedies and strategic options.
Thorgood Law Firm represents individuals, businesses and organizations in civil litigation in New York State and federal courts, as well as in arbitration and mediation proceedings.
Contact Thorgood Law Firm to schedule a consultation regarding your civil litigation matter.
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