Business disputes in Louisiana and nationwide are more often than not concerned with some kind of a contract or purported agreement between the parties. A modern technique of trying to keep contract disputes out of the business litigation arena is to insert a clause in the written agreement, compelling the parties to arbitrate their dispute. Arbitration usually involves a more informal procedure where one or more lawyers or retired judges hear the case and render a decision.
Lawsuits between performers and concert promoters are common occurrences in litigation nationwide and in Louisiana. Sometimes such disputes get an extra element of publicity due to the level of fame of the entertainer involved. When all the hoopla is stripped away, however, these are just contract disputes much like any other. Business litigation is primarily populated by breach of contract cases in which contract interpretation and factual disputes often play a key role.
Louisiana is host to many different varieties of business litigation. In the world of rapidly evolving science and technology, business litigation disputes are noticeably more exotic and complex than many of the simple contractual conflicts of the past. Recently, for example, even lab mice have become the bitter center of a dispute between scientific researchers.
Intellectual property disputes are a regular aspect of business litigation cases in the Louisiana state and federal courts. These kinds of cases can be complex and of great importance to the litigants. Business litigation attorneys are adept at guiding their clients through such litigation by using their broad experience to extract the best outcome for the client.
In Louisiana and other states, when an insured customer fails to pay the premiums owed to its insurer for ongoing coverage, the insurer may notify the insured that it will cease to provide further coverage as of a certain date. After the policy lapses for nonpayment, the company may file a business litigation lawsuit against the former customer for the past premiums that remain due. Every insurance policy is a contract between the insurer and the insured, and a lawsuit for unpaid premiums is generally based on a cause of action for breach of contract.
The world of high-tech mobile devices involves putting a lot of proprietary information together to make a working unit suitable for mass marketing. This inevitably means that breach of contract and intellectual property disputes will arise during the course of a product's public life. In Louisiana, such disputes often appear in the dockets of the business litigation courts.
Bankers and credit card lenders have long been protected from certain kinds of consumer class actions, both in Louisiana and nationwide. Generally, the courts have in the past enforced provisions in the consumer's contract with the lender that call for arbitration to resolve disputes and which prohibit the filing of class action lawsuits against the institution. In recent years, however, many consumers have challenged the right of banks and other institutions to control their remedies in the business litigation arena.
A surprisingly vibrant industry in Louisiana and nationwide involves the activity of investing in commercial litigation lawsuits. Although it has been generally considered unethical for outside investors to have an ongoing financial stake in the profits and losses of law firms, that principle has given way to an exception that allows for the outside funding of highly costly business litigation suits. Because the suits are expected to obtain substantial monetary recoveries, it arguably makes sense to allow for outside interests to invest through companies that specialize in such transactions.
Lawsuits involving the owners of large business entities comprise a distinct area of litigation in Louisiana and other states. Shareholders often join together to sue the corporate entity that they assert is not being run in a proper or legal manner. In some instances, this kind of business litigation can get quite personal, as when major shareholders sue the CEO personally for mismanaging the company and/or regarding any number of fraud or concealment claims.
Louisiana, like all other states, gets to host a variety of business litigation claims. The litigants may be companies of all sizes, from struggling startups to massive, established pillars of an industry. In one recent business litigation case in another state, the giant candy-maker, Mars Inc., is facing a drawn-out trademark dispute with a small chocolate maker consisting of one person.