Civil Litigation

What Is Civil Litigation?

Civil Litigation describes the resolution of legal disputes between private parties in state or federal court. Court cases typically are initiated by the filing of a Complaint by the Plaintiff(s) followed by an Answer to the claims by the Defendant(s). The parties then participate in discovery through Interrogatories, Document Requests, Requests for Admission, and depositions.

In civil litigation, either party may file motions with the Court in which the party asks the Court to Order a certain action, such as a Motion to Compel responses to certain discovery, or Motions to Dismiss where the Defendant asks the Court to dismiss a Plaintiff’s claims.

If the case does not settle, it will ultimately be resolved at a trial, either before a jury, or with the judge deciding the case which is known as a bench trial.

Although Greco & Greco’s civil litigation lawyers’ practice often involves representation of investors in arbitration (an alternative way to resolve disputes to court), we also regularly appear in state and federal court to represent harmed parties seeking justice for the wrongful acts of securities firms, banks, insurance companies, credit unions, investment firms, and other corporations and entities. Tort and contract causes of action may be involved including negligence, breach of contract, breach of fiduciary duty, fraud, securities fraud, conversion, and constructive fraud.

Civil Litigation may also include business disputes between founders and management of businesses, stock option disputes, personal injury and wrongful death claims, intellectual property disputes, employment related disputes by employees against their employers, real estate disputes, whistleblower claims, and trust and estate disputes involving wills, trusts, and estates.

Many civil litigation cases are filed in state court, but a dispute may be filed in or removed to federal court if it involves a federal law question, or involves a case of diversity – i.e., one between citizens of different states and allegations of damages over $75,000.00.

One significant difference between civil litigation and arbitration is that civil litigation in courts typically have an appeals process of final judgments at the trial court level. Arbitrations on the other hand will not have an appeals process, although one may attempt to vacate an arbitration award if certain limited criteria can be proven.

Similar to arbitration, the vast majority of civil litigation cases settle before a final decision is made regarding the case by the factfinder. Most courts encourage the parties to discuss settlements at settlement conferences or mediations. In federal court, Magistrate Judges often serve as court appointed mediators. In settlement conferences, the Magistrate Judge will often meet with all parties and attorneys together, and then meet separately with each side in an effort to work out a settlement (typically involving a payment by the Defendant(s) to the Plaintiff(s)) which is agreeable to all parties.

Our Virginia securities fraud and civil litigation lawyers represent individuals from all states across the country in civil litigation and have decades of experience protecting the rights of individuals and investors, and holding banks, insurance companies, investment companies, securities firms, and other corporations and entities responsible for the wrongful acts of their agents, brokers, advisors, and fiduciaries.