Many potential clients have questions they'd like to ask prior to meeting with a lawyer. Madia Law has included answers to a number of frequently asked questions below.
If you have any other questions, please contact Madia Law by email or phone.
Business Litigation
What is business litigation?
What are the differences
between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
My company is involved in a business dispute that I suspect may result in litigation. What should I do to protect my company?
How long will a lawsuit take?
What if my company needs legal advice on a matter but it is not involved with litigation?
Consumer Fraud
Why is my insurance company denying my claim even though I’ve paid my premiums?
What is consumer fraud?
What if my insurance policy has an arbitration clause?
What if I can’t afford a lawyer?
Civil Rights
How long do I have to file a claim of employment discrimination?
Can my employer fire me if I bring a claim of discrimination?
What role do the Equal Employment Opportunity Commission and Minnesota Department of Human rights play in eliminating employment discrimination?
What laws protect me from police brutality and excessive force?
What if I can’t afford a lawyer?
BUSINESS LITIGATION
1. What is business litigation?
Business litigation is the process for resolving disputes arising from business, commercial, and professional relationships. These disputes can either be resolved by a court trial or through alternative dispute resolution proceedings (generally mediation or arbitration).
Common types of business disputes resulting in litigation center on:
- contractual disputes;
- business torts;
- employment issues;
- products liability;
- intellectual property concerns; and
- unfair trade practices.
2. What are the differences between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
Many businesses opt for mediation or arbitration proceedings instead of a court trial because of increased efficiency and decreased expenses. The main differences in the processes center on their rules, formality, and finality.
Mediation is a cooperative process that uses a neutral third party to facilitate discussion and attempt to reach consensus amongst the parties. Mediators attempt to engage both sides in a collaborative way to reach a mutually satisfactory solution. No formal rules of evidence govern the proceeding. Mediation is generally the least formal, quickest, and least expensive way to resolve business disputes. However, it is also potentially the least decisive method, as mediation is generally non-binding on the parties, and therefore dissatisfied parties are free to bring their cases to court.
Arbitration employs a neutral third-party (or a neutral panel) to act as an arbitrator of the parties’ dispute by examining the evidence, listening to arguments, and making a decision. This process is more adversarial than a mediation proceeding and arbitrators will usually loosely adhere to rules of evidence, with some notable exceptions. Arbitration can be thought of as a “mini-trial,” with the presentation of evidence and arguments but without the formalities and expense of a court trial. Parties usually submit in writing to binding arbitration proceedings, meaning that the arbitrator’s decision is final.
The court trial is the most formal, expensive, and time-consuming means of resolving business disputes, but it is also the most likely to preserve all parties’ rights by strict adherence to civil rules of procedure. A judge or jury will examine the evidence submitted by parties, listen to their arguments, and make a decision. Dissatisfied parties are free to appeal through the court system until all appeals are exhausted.
I handle alternative dispute resolution cases. Many different factors play into the decision as to which venue is best for a client. You and I will work together to talk through these issues and determine what’s right for your company.
3. My company is involved in a business dispute that I suspect may result in litigation. What should I do to protect my company?
Get written documentation of everything that you can. Keep written records of your discussions, agreements, and disputes with the other company. Save contracts, receipts, and emails. Insist that the other side put their statements in writing. These documents may serve as evidence to support your position and prove persuasive to a judge or jury.
4. How long will a lawsuit take?
The length of time it takes to resolve a lawsuit varies from case to case and depends on a number of factors. The complexity and evidence of the case, the number of parties involved, the readiness of the parties to settle the case, and the court’s schedule all play a role in the speed of resolution. Simple cases may be settled in a few months while a more complex case may take years.
5. What if my company needs legal advice on a matter but it is not involved with litigation?
One of the best ways to avoid litigation is to seek legal advice on questions before they turn into disputes. You may be able to help your company avoid costly litigation by seeking legal action early. Please contact me and I’d welcome the chance to discuss your company’s issue with you.
CONSUMER FRAUD
1. Why is my insurance company denying my claim even though I’ve paid my premiums?
Your insurance company is denying your claim because it makes a profit by doing so. Unfortunately, most insurance companies view their claims centers as profit centers. They have adopted the belief that every claim paid detracts from the insurance company’s bottom line. As a result, they have adopted policies designed to encourage the denial of meritorious claims, such as giving financial incentives to adjusters to deny claims. For more information, read “Delay, Deny, Defend,” by Jay Feinman, which offers an excellent accounting of the insurance industry and its practices.
2. What is consumer fraud?
Consumer fraud is the practice of corporations promising one set of goods or services and then delivering another after being paid full price by consumers. Put simply, it’s cheating. Whether done by health insurance companies, securities companies, landlords, or car dealers, the basic facts are the same. Corporations break their promises to consumers even though consumers keep their word.
3. What if my insurance policy has an arbitration clause?
Most insurance policies contain arbitration clauses. The reason for this is that insurance companies are generally – and understandably – terrified at how a jury of ordinary and decent people would react to denials of the meritorious claims of hard-working people going through very tough times in their lives. First, I’ll do a thorough review of your policy to make sure the arbitration policy applies and determine if there’s a way around it so that we can sue in court. If not, we’ll proceed to arbitration but treat it like a trial by preparing aggressively and building a claim that even arbitrators cannot deny.
4. What if I can’t afford a lawyer?
Many consumer protection laws – including the Minnesota Consumer Fraud Act – force corporations to pay the attorney fees for consumers that have been cheated. The reason for this is to try to make sure that cost doesn’t discourage consumers from protecting their rights. I take many of my consumer cases on a contingency fee basis because of these laws.
CIVIL RIGHTS
1. How long do I have to file a claim of employment discrimination?
Employment discrimination cases are different from many other types of cases in that plaintiffs must act very quickly to protect their rights. Typically, you only have 180 days from the date of an unlawful employment act to file a claim with the Equal Employment Opportunity Commission (“EEOC”) in order to protect your claims under Title VII of the Civil Rights Act and the Equal Employment Opportunity Act. The Minnesota Human Rights Act mandates that employment claims be filed within one year of the unlawful employment act. The bottom line is that you must act without delay to preserve your rights in cases of employment discrimination. If you believe that you have suffered discrimination in the workplace, contact the EEOC, Minnesota Department of Human Rights, or an attorney immediately.
2. Can my employer fire me if I bring a claim of discrimination?
No. Both state and federal law prohibit retaliation of any kind by employers against employees for bringing or participating in equal employment opportunity claims. If your employer takes any action against you because of your claim, then your employer will be subject to additional state and federal retaliation and reprisal claims.
3. What role do the Equal Employment Opportunity Commission and Minnesota Department of Human rights play in eliminating employment discrimination?
These agencies play an extraordinarily important role in discrimination claims. First, in order for a plaintiff to be able to file a federal employment claim at all in district court, he or she must first file that claim with the EEOC within 180 days of the unlawful employment act. Second, the EEOC and MDHR force employers to respond to complaints, thereby giving a preview to plaintiffs of possible defenses in litigation. Third, the EEOC and MDHR provide copies of their findings to plaintiffs, thereby perhaps giving plaintiffs evidence that may be used in civil litigation. Finally, when these agencies choose to prosecute claims, they can obtain money damages and injunctive relief for plaintiffs.
4. What laws protect me from police brutality and excessive force?
42 U.S.C. 1983 serves as the main statutory authority that allows citizens to sue state and municipal law enforcement officers and agencies for conduct that violates their civil rights. The Fourth and Fourteenth Amendments to the U.S. Constitution prevent unreasonable searches and seizures by the state and guarantee “due process” of law to all citizens. These statutory and constitutional authorities form the legal foundation of most excessive force cases against law enforcement.
5. What if I can’t afford a lawyer?
State and federal civil rights statutes authorize attorney fees to be paid by employers who have broken discrimination laws or state/municipal agencies that have violated an individual’s civil rights. The reason for these attorney fee provisions is to encourage individuals who have had their rights violated to step forward and proceed with suit regardless of their personal wealth or ability to pay fees. In sum, I take meritorious civil rights claims on contingency fee agreements that take into account these statutory attorney fee provisions – you will not need to pay an hourly fee.
