Civil Litigation Attorney in Austin, TX
Are you in a professional or personal dispute with another company or individual? Is your business suffering due to a contract breach? Has professional incompetence or negligence caused you harm?
Settling a case in civil court can be a complex process, and you’ll need an experienced civil litigation attorney to help protect your interests. At Minton, Bassett, Flores & Carsey, P.C., our lawyers have successfully represented plaintiffs and defendants in Texas state, federal trial, and appellate courts in all business matters.
Our Austin civil litigation attorneys take a unique approach to every case. Our goal is to maximize positive results for you or your business. Contact us today to learn more about what a civil litigation lawyer can do for you.
What Is Civil Litigation?
The civil litigation process will typically be either uncontested or contested.
In uncontested civil litigation, both parties negotiate and agree to the terms of a proposed arrangement. They will use the court to file their agreement, so it’s valid and legally enforceable. Under certain circumstances, a judge might need to sign off on the contract to make it legally binding.
Contested civil litigation is when one or both parties cannot agree on specific terms. The issues might need to be argued in court, and a judge might need to rule on the issues. Contested cases require more time, money, and effort because each side must prepare legal arguments, file documentation, and gather evidence. Each party can challenge the other party’s case, explaining why their arguments don’t apply to the law or why the other party’s actions should result in civil penalties.
Types of Civil Litigation Cases We Handle in Austin, TX
Minton, Bassett, Flores & Carsey, P.C., represents Texas clients in a range of civil litigation cases, such as:
- Business Disputes
- Contract Disputes
- Construction Disputes
- Trade Secrets
- Insurance Disputes
- Employment Law
- Products Liability
- Toxic Torts
- Professional Malpractice
- Election and Campaign Law
A civil dispute with an employee, contractor, customer, partner, or shareholder can seriously derail a business’s operations. Did one of your employees violate the terms of a non-compete agreement, or did your partner engage in fraudulent activity?
No matter the dispute, an experienced and aggressive Austin civil litigation attorney from Minton, Bassett, Flores & Carsey, P.C., could help protect your interests. Common types of business disputes include:
- Breach of contract
- Dissolution of a partnership
- Trade secrets
- Breach of warranty
- Unfair business practices
- Non-compete agreement
A legally enforceable contract is essential when entering a business relationship. Disputes commonly occur when one party doesn’t fulfill the duties and obligations of the contract.
The most common types of contract disputes include:
- Invalid agreement due to coercion or fraud
- Disagreements over the conditions because of unclear or confusing language
- Failure to provide a service or good as promised
- Misrepresentation or omission of material facts
A commercial or residential construction project must be meticulously planned and executed. Contractors must meet specific Texas law requirements to ensure the safety and health of the occupants.
Disputes leading to civil litigation during or after a construction project could include:
- Structural failure
- Defects in the design of a building
- Work site accidents and safety violations
- Mold and other toxic substance issues
- Shoring and slope failures
- Differing site condition
- Failing to comply with the terms of the contract
Antitrust litigation is one of the most complex cases to handle. Someone could bring a claim against business under the Clayton Act, Lanham Act, the Sherman Act, or other federal laws.
An Austin civil litigation attorney from Minton, Bassett, Flores & Carsey, P.C., can represent you in an antitrust matter involving:
- Price fixing conspiracies
- Unfair competition
- Non-compete agreements and group boycotts
- Intellectual property/antitrust disputes
- Franchisor/franchisee disputes
- Interlocking directorates
- Joint ventures and merger transactions
- Exclusive tying and dealing
A trade secret can be intangible or tangible. Intellectual property falls under the classification of a trade secret if:
- A company reasonably conceals it from the public.
- There is economic value in the confidential information.
- Minimal people know of the information.
Disputes arise when someone mishandles the trade secret or engages in criminal activity, such as:
- Theft of intellectual property
- Corporate espionage
- Breach of non-disclosure, confidentiality, or another agreement
- Bribery to obtain a trade secret
- Trade secret misappropriation
Some insurance companies will fight vigorously to deny claims and avoid settlement payouts. Whether it’s Medicare, auto insurance, or another type of insurer, acts of bad faith can negatively affect the claimant.
You may pursue civil litigation against an insurance company if they:
- Failed to investigate a claim promptly and thoroughly.
- Denied a claim without a valid explanation or reason.
- Denied payments for medical supplies, services, or procedures without providing evidence of it being unnecessary for the illness or injury.
- Intentionally misrepresented or withheld coverage information related to the claim.
- Failed to respond to emails or phone calls in a timely manner.
- Enforced deadlines that don’t align with the policy requirements.
The problems someone experiences in the workplace can lead to various consequences. Disputes can occur between an employer and an employee that requires legal action. Employment-related issues that can lead to civil litigation include:
- Wrongful termination
- Overtime violations
- Unpaid wages or benefits
- Labor union disputes
A manufacturer may have product liability if they sell or create a defective product to make it inherently dangerous. These products can include:
- Cleaning products
- Children’s toys
- Motor vehicles
- Household appliances
The three primary types of defects that can exist in products include:
- Manufacturing defect – A manufacturing defect occurs when the manufacturer makes an error while assembling a product. The flaw makes the product inherently unsafe despite consumers using it as intended.
- Design defect – A design defect is a flaw or error in the design of a product. Even if the manufacturer assembles the product correctly, it can still harm the user.
- Failure to warn – A marketing defect involves a product that the company markets as safe despite a defect or provides an inadequate warning label for the possible risks.
Toxic torts are cases involving a toxic substance, such as hazardous chemicals, causing injury or a medical condition. Toxic torts often involve large groups of people injured by the same substance due to a company’s negligence.
The most common types of toxic torts include:
- Environmental hazards
- Consumer products that contain carcinogens
- Water contamination
- Oil spills
- Asbestos exposure
- Hazardous waste
- Industrial accidents
Professional malpractice occurs when a person fails to perform their duties to acceptable industry or occupational standards and harms their client’s finances or reputation. Pursuing a lawsuit might be necessary against a professional due to:
- Breach of fiduciary duty
- Failure to meet necessary deadlines
- Stealing from a client or customer
- Providing a service despite a conflict of interest
- Disclosing personal and confidential information
- Violating a state or federal law
Election and Campaign Law
Issues can arise during a campaign or election that significantly affects public officials, corporations, lobbyists, judges, and others. Resolving these disputes may require civil action.
The most common types of election and campaign disputes include:
- Contract disputes
- Land use matters
- Violation of voting rights
- Personal injury
- Civil rights issues
About the Civil Litigation Process
The civil litigation process requires completing three phases: pre-trial, trial, and post-trial.
The steps involved in the pre-trial stage are crucial in any civil lawsuit:
- Research – Research involves determining the validity of the case, the relevant facts, which laws apply, and the type of remedy you want to seek.
- Filing – We’ll draft and file your petition with the appropriate court. The petition includes the type of action you’re taking and the outcome you hope to reach.
- Notice and Response – The person you’re pursuing legal action against must receive a notice of the lawsuit from a qualified professional, such as a process server. The defendant will then have a specific timeframe to respond.
- Discovery – The discovery process involves obtaining relevant evidence and information the opposing party finds. Discovery can also include scheduled depositions to ask the defendant in the case questions under oath.
- Motions and Requests – Filing a motion or request is necessary to ask the court for permission to do something. That might be postponing a scheduled hearing, requesting a jury to decide the case, or amending the initial petition.
- Ending a Case Before Trial – Either party can file a motion to end the case before the trial begins. A notice of nonsuit is for when the plaintiff doesn’t show all their evidence, except for rebuttal evidence. If a party didn’t follow state law or file a document properly, filing a motion to dismiss could end the case.
A trial involves various aspects both sides must consider and prepare for before proceedings begin, such as:
- Limited Scope Representation – Limited scope representation is when someone plans to represent themselves at trial instead of hiring a civil litigation attorney.
- Procedure – Studying the necessary procedures is vital to ensure you don’t violate any laws.
- Evidence and Objections – The trial includes both presenting valuable evidence and objecting to the other party using inappropriate or inadmissible evidence.
- Practice – The trial will require each side to present their cases before a judge and/or jury.
After the judge issues their decision, the case isn’t necessarily over. You must follow deadlines to enforce the judge’s order or appeal their decision. The options available to you after the trial include:
- Setting Aside Default Judgments – If the court issues a default judgment against you, it might be possible to get the judgement “set aside” if you didn’t receive proper notice.
- Enforcement – Regardless of the case’s outcome, reviewing your responsibilities is critical. Both parties must comply with the terms of the judge’s order.
- Appeal – If you believe an error contributed to the outcome of the case, you may be able to appeal the judge’s decision. There is a deadline you must follow to file your appeal.
How an Austin Civil Litigation Lawyer Can Help You
Since 1963, Minton, Bassett, Flores & Carsey, P.C., has represented clients against unfair and illegal conduct by individuals and businesses. An Austin civil litigation lawyer could help you protect your interests and seek the financial compensation or civil remedy you deserve.
Call us now for a confidential consultation with a dedicated civil litigation attorney in Texas.