Although any lawsuit can be complicated, complex litigation refers to a specific type of large civil case that can involve multiple parties and jurisdictions, lengthy trials, complicated or novel legal issues, and large amounts of money at stake.
Litigations such as these can attract significant media attention, and they will cost the parties money and time, even if they are successful.
At Valerian Law, we use the tools of class and representative litigation to protect employees and consumers. When systematic corporate misconduct affects the workplace and threatens financial security, workers and consumers deserve top-notch complex litigation counsel.
When two or more parties cannot resolve their differences with another on their own, a legal dispute can arise and be resolved through various methods, such as negotiation, mediation, or litigation in court or arbitration. Legal disputes could arise when one party is required to provide goods or services to the other under a contract, either verbal or written. They may also be based on employment-related issues (such as discrimination and wage/hour law disputes). If one party feels that the other party has not delivered what was promised or that a law has been broken, it can result in a legal dispute requiring lawyers well-versed in legal dispute resolution methods.
A lawsuit is considered to be a “class action” case when it involves numerous people (perhaps hundreds or even thousands) who are negatively affected by the unlawful policies and practices of the same person or organization. Certain procedural requirements allow those individuals to submit a single lawsuit (instead of filing hundreds or thousands of individual lawsuits).
Defective products, unfair business practices, and stockholder claims are common bases of class action lawsuits. The lawsuits may also be about employment-related issues such as wage theft, inadequate meal breaks, discrimination and unequal pay.
An alternative to class actions is mass actions. Mass actions are large numbers of technically individual cases that are proceeding in an organized and coordinated fashion. Mass actions are a useful tool for representing victims of toxic torts, such as defective medical devices. Mass arbitrations have increased in recent years in the employment and consumer rights areas, due to the proliferation of class action waivers in mandatory arbitration clauses embedded in employment and consumer contracts.
Complex litigation cases can be class action lawsuits, disputes with numerous defendants, or involve multiple related cases proceeding in the same or different forums. Often, complex litigation involves large corporations and companies whose interests are being protected by a large team of attorneys. These types of lawsuits become very complex and expensive. That is why having a firm with extensive resources and access to financing, expert witnesses, and other resources is important.
Complex litigation can involve numerous pre-trial motions or novel legal issues and will take considerable time to resolve. Some other elements of complex litigation include:
It is important to know what to expect during the complex litigation process, from beginning to end. First and foremost, complex cases are by definition going to take longer and involve more out-of-pocket costs. But those are necessary evils when there is no simpler way to achieve the client’s objective.
Like most lawsuits, complex litigation cases can usually be broken down into six phases. However, each phase is likely to involve more time, money and effort by the legal team, compared to a non-complex case.
An investigation includes a thorough look at all the facts of the case as well as careful consideration of all evidence that will be used for settlement negotiations or a trial.
Pleadings outline the issues that will be raised in the case. There may be multiple pleadings from both parties, but the plaintiff must submit the first one, which is referred to as a complaint. The defendant then files an answer to the complaint.
The discovery process involves the exchange of information and facts that are relevant to the case. This may be done through depositions, admissions requests, interrogatories, subpoenas, and production requests.
The pre-trial process includes meetings and motions between each party and the trial judge.
It is usually preferable for both parties to settle their differences out of court rather than go to trial. However, if the case goes to trial, the judge determines which information will be heard.
The parties may appeal the court’s decision if they are not satisfied with it. The case will be reviewed, and an appellate court may change or reverse the decision.
In light of the time and money at stake, it is critical to work with lawyers and law firms with extensive experience who have handled complex lawsuits similar to your own, and who will collaborate with you on finding the dispute resolution methods that suit your unique circumstances and objectives.
Our attorneys at Valerian Law have the resources and expertise to hold large entities accountable and fight for the interests of everyday people. We prioritize minimizing court expenses and obtaining results in keeping with your objectives, with the goal of making the necessary evils of litigation as painless as possible for you and your family.
It is important to hire an attorney with a history of success in complex and high-stakes litigation. Even if your case does not become a complex one, having attorneys with a track record of successful complex litigation means your adversaries will know that you are serious about vindicating your rights. If you want experienced attorneys who can take on complex lawsuits when that’s necessary, we’re here for you.
Call Valerian Law today or use the contact form on this page to schedule a consultation with our experienced attorneys.