Commercial/Civil Litigation

Commercial/Civil Litigation

Our attorneys that provide counsel in this area of practice :

This is perhaps one of our most active areas of practice. Fox McCluskey handles a wide range of commercial and contract disputes. When disputes cannot be resolved by our attorneys through other means, our attorneys serve as strong and persuasive advocates in the courtroom.

Our litigation department consists of highly qualified attorneys who concentrate in various aspects of civil and commercial litigation. The trial lawyers and legal assistants work together to provide our clients with zealous legal representation. We stress preparedness at all levels of the litigation process. Several of our attorneys in the civil litigation department are Board Certified in Business Litigation Law.

Major areas we handle include commercial litigation, real estate litigation, shareholder and partnership disputes, contracts, probate litigation, mortgage and mechanic's lien foreclosures, construction defects litigation, anti-trust cases, defamation cases, zoning and land use matters, consumer fraud claims, and collections.

Our litigation team has the advantage of working closely with practitioners from other departments at the firm, especially in complex areas such as condominium law, tax law, and probate law.

Civil Rights

Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations.

Civil rights include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age, or sexual orientation; and individual rights such as the freedoms of thought and conscience, speech and expression, religion, the press, and movement.

Class Action

Class Actions can create adverse publicity and result in very high litigation costs for a business. Ending a class action lawsuit quickly and efficiently helps protect a business's bottom line and cash flow. The attorneys at Fox McCluskey have creatively worked to end several class actions before they become a burden on a business and have developed strategies to help protect you, your business and your employees.

If you are interested in forming a class action or are facing a class action suit, please allow the Fox McCluskey team of attorneys to assist you.

Contract Disputes

The attorneys at Fox McCluskey draw from a broad range of expertise, which allows us to represent clients in all aspects of contract disputes. For instance, our attorneys represent clients in contract disputes, such as, insurance coverage litigation, real estate litigation, complex land sale disputes, enforcement of promissory notes and mortgages, and partnership and shareholder disputes.

Estate Disputes

The attorneys at Fox McCluskey handle disputes concerning disagreement over the distribution of a deceased person's property in accordance with their will. These cases involve the interpretation of wills and the rights of persons under the terms of those documents, including family members and third parties.

If one member or heir receives a larger portion, a claim can be made that the heir had "undue influence" over the making of the will by the deceased. Also, in relation to cases when an heir receives much less than the others, the validity of the will may be challenged and set aside by contesting the ability of the deceased to make reasonable and/or sound decisions regarding the distribution of the estate.

Insurance Defense

We represent clients in litigating insurance claims. The firm works to minimize the risk and exposure that our insurance clients face by counseling them as to the validity of claims. Our attorneys have extensive experience litigating insurance claim disputes for all types of liabilities, including general liability, professional, products, premises, casualty, construction defect, and more.

Landlord/Tenant Disputes

Commercial and residential landlord/tenant disputes including, but not limited to, evictions, rent abatements, lease violations, terminations and security deposit claims, from inception through litigation, final judgment and post-judgment proceedings. 

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