The 6 Most Common Types Of Litigation

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Although these types of litigation are different, many of them also overlap.

Litigation can be complex and may require a person or party to seek the advice of an experienced attorney, but first it may benefit you to learn about the various types of litigation. Here are 6 common types:

Business and Commercial Litigation

Commercial and business litigation occurs when a dispute between individuals or business entities is brought before a court. Disputes can occur at any level of business. They can occur between  partners, shareholders, business owners, competing businesses, lenders, venders, or between other parties. Some types of commercial litigation include breach of contract, breach of fiduciary duty, copyright infringement, fraud, trademark infringement, unfair competition, indemnity, defamation, and construction disputes.

Public Interest Litigation

These types of litigation is a fairly new field of law. These lawsuits are initiated by the courts in order to protect or maintain the well-being of a community. Any person or corporate entity whose actions damage or inhibit societal progress may face legal punishment. This type of litigation often centers around environmental issues, environmental law, and public health concerns.

Personal Injury Litigation

Parties seeking these types of litigation go to civil court in order to obtain legal remedy for losses suffered due to an accident. Injured parties seek financial compensation from parties whose conduct either intentionally harmed them or carelessly caused them injury. Financial compensation is typically in the amount necessary to make the injured party " whole" again and can include future losses or expenses. Some common personal injury cases include automobile injuries and workplace injuries.

Mesothelioma Litigation

In the 1960s the general public became aware of the serious health hazard associated with asbestos exposure. Mesothelioma refers to the cancerous disease that occurs when a person comes into contact with agents such as abestos. Mesothelioma has become so prevalent that mesothelioma litigation has become a common legal practice. Mesothelioma litigation typically occurs when companies knowingly exposed employees to deadly agents such as asbestos without warnings or protections.  Common defendants in asbestos cases include manufacturers of asbestos-containing products, construction companies, mining companies and ship building companies.

Civil Litigation

Civil litigation refers to legal disputes between two or more parties that seek monetary settlements rather than criminal sanctions. Civil litigation is handled by trial lawyers or litigators who specialize in this type of litigation. Civil litigation is a broad practice that can encompass: landlord/tenant disputes, product liability, personal injury, intellectual property, construction disputes, real estate disputes, anti-trust, medical malpractice, and more.

Patent Litigation

When one party infringes on another party's patent or trademark, the infringed party may file a lawsuit to enforce their patent rights and claim illegal use of their patent or trademark. These patents or trademarks can be for inventions, goods, or programs. Basically if a party makes or sells the patent holder's invention without permission, then the patent holder may sue and will typically seek a financial settlement.


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