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.