Litigation

The business litigation department at Palmieri Tyler handles a broad range of business and commercial matters. We have wide experience both in defending businesses and individuals in litigation brought against them, and in prosecuting lawsuits on behalf of our clients.

We customize our approach to fit the needs of each individual client. We will aggressively litigate the case when necessary. However, we have also been successful in negotiating favorable settlements in many cases using various forms of alternative dispute resolution. We offer top quality legal services and cost-efficient solutions in a broad range of civil disputes.

Palmieri Tyler’s litigation department has developed significant expertise in both state and federal courts. Our trial teams are comprised of seasoned trial attorneys. An added benefit of working with our firm is that once you have a settlement or jury verdict in hand, our attorneys in other departments such as estate planning and wealth protection can help you realize its maximum potential through wise investment and retention strategies.

For more information about a particular practice area, please select the appropriate link below:

Contact an Orange County litigation law firm for assistance

If you would like to speak to one of our highly skilled attorneys, please contact us to schedule an initial consultation at 949-851-9400 or use our online contact form.


Business Litigation

Our trial attorneys have experience handling all types of business lawsuits, including cases involving sole proprietors, joint ventures, corporations, partnerships and limited liability companies (LLCs). These cases include the following:

  • Claims involving  corporate dissolution
  • Disputes between partners, shareholders and members
  • Minority rights
  • Breach of fiduciary duty
  • Fraud and misrepresentation
  • Disputes involving the purchase or sale of a business
  • Securities litigation

In addition, our litigators represent businesses in numerous cases involving the following:

  • Breach of contract
  • Uniform Commercial Code litigation
  • Misappropriation of trade secrets
  • Defamation
  • Interference with prospective economic advantage
  • Americans with Disabilities Act claims
  • Debt collection matters
  • Unfair competition
  • Interference with contract
  • Non-compete clauses
  • Trademarks and trade names

Further, we handle cases that involve injunctions, temporary restraining orders, applications for the appointment of receivers, writs of attachment,  pre-judgment remedies, such as requests for accounting and motions for summary judgment. We also pursue business insurance and insurance coverage litigation, so that our clients can obtain the benefit of all applicable insurance coverage. Since many business contracts contain arbitration clauses, we have substantial experience handling business litigation matters in the arbitration setting. Our business litigators work closely with our corporate and transactional attorneys to achieve the best possible result.
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Arbitration & Mediation

Our litigation attorneys are always ready to present the best possible case to a judge, jury or arbitrator. However, it must be recognized that in today’s litigation world, most cases settle prior to trial. Therefore, we are experienced and knowledgeable in representing our clients in the mediation process. We have experience with many of the retired judges who are affiliated with private dispute resolution companies, such as JAMS and Judicate West. In addition, we have worked with many excellent local business litigation attorneys who conduct private mediations. We have substantial experience in the art and strategy of presenting a case at mediation. Good settlements can often generate very substantial savings to the client in costs, time and attorneys’ fees.

Creditor's Rights

Our litigation attorneys have extensive experience in litigating actions on behalf of creditors and in pursuing claims against debtors in bankruptcy. Our experience includes filing creditor claims, representing property owners whose tenants have filed for bankruptcy, and defending voidable preference and fraudulent transfer actions in adversary proceedings before the bankruptcy court.

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Product Liability

For over 25 years, we have played a lead defense and trial counsel role in national product liability and mass tort litigation. Our attorneys have a wealth of experience managing complex litigation, with particular strong experience in the representation of manufacturers in product liability actions. We represent pharmaceutical and medical device manufacturers, property owners and manufacturers in cases involving claims of injury from asbestos and silica exposure, and manufacturers of a variety of toxic chemicals and medical, industrial, high-tech and consumer products. Our firm also specializes in the protection of trade secrets and other confidential, proprietary information sought in pretrial discovery.

We tailor the scope of our representation to the nature and complexity of each case. Our attorneys have considerable experience advising clients on preventive measures that can reduce the risk of liability without interfering with strategic business objectives. For those matters that result in litigation, we conduct an early assessment of the case to evaluate potential exposure and to formulate appropriate strategies to resolve claims successfully in the early stages of the dispute. Focusing on the pretrial aspects of complex litigation, we strive to locate and work with the most qualified expert witnesses, such as toxicologists, radiologists, pathologists, industrial hygienists and product safety engineers. Our trial attorneys aggressively litigate claims on both a local and national level.

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Real Estate and Construction Litigation

Our litigation attorneys handle all types of real estate-related claims, including the following:

  • Claims involving construction disputes
  • Mechanics' lien claims
  • Contractor disputes
  • Unlawful detainer actions
  • Boundary disputes
  • Easement litigation
  • Development entitlement litigation
  • Construction defect lawsuits
  • Litigation regarding purchase and sale agreements
  • Escrow litigation
  • Encroachment issues
  • Deed disputes and quiet title actions
  • Environmental contamination
  • Lease disputes
  • Specific performance actions
  • Real estate deposit cases
  • Adverse possession
  • Zoning and land use lawsuits
  • Writs of mandate to compel actions by governmental entities and agencies

We are familiar with insurance coverage issues under general liability, title and other insurance policies affecting real estate litigation. Therefore, we can provide our clients with the benefits of all applicable insurance coverage. Our real estate litigation attorneys work closely with the attorneys in our real estate department to achieve the best possible results.

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Employment Litigation

Our litigation attorneys have experience handling employment and labor issues as well as employment litigation. We are knowledgeable and experienced in handling issues involving the following:

  • Employee hiring and firing
  • Employee handbooks
  • Employment contracts
  • Severance and severance agreements
  • Issues involving vacation time, sick leave, family leave, workplace privacy, overtime, and other wage and hour issues

In addition, we represent companies in the defense of wrongful termination actions, whistleblower actions, sexual harassment actions and discrimination cases. We have handled many cases before the California Department of Fair Employment and Housing and the California Labor Commission.

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