Common Claims in Litigation

Breach of Contract
A contract is a legally enforceable agreement between two or more parties.  When a contract is formed, all parties are expected to perform their duties under the contract. A lawsuit is often required to enforce a contract or to receive damages resulting from a party's breach.

False Imprisonment
False Imprisonment occurs when a person is restrained by another without justification or consent. This often occurs when a person is trying to leave a location but is prevented from doing so against their will.

Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress protects the emotional well being of a person.  It occurs when someone intentionally or recklessly inflicts emotional distress on another through extreme or outrageous conduct.

Interference with a Business
This occurs when a person intentionally damages another's business relationship.  This is often seen when a person or another business takes steps outside the normal course of business to intentionally hurt the contractual relationships of another.

Assault and Battery
Assault occurs when a person, with the ability to commit a battery, intentionally causes another to be apprehended or to have a well founded fear that a battery will occur. Battery occurs when a person intentionally makes harmful or offensive contact with another.  Although these actions usually occur together, it is possible to commit only one without committing the other.

Invasion of Right to Privacy
There four types of Invasions to a person's Right of Privacy.  
   1) The first is when someone uses a person's photo without authorization for a commercial advantage.  
   2) The second is is when a person intrudes into another's affairs or seclusion in a location that the person would have a reasonable expectation of privacy.   
     3) The third is when a person publicizes a fact that places another in a false light.
    4) The fourth is when a person publicly discloses private of confidential facts about another.

Misrepresentation or Fraud
Misrepresentation occurs when a person makes a statement of a material fact that they know or believe to be false in an attempt for another to rely on the misrepresentation.  Misrepresentation can be either intentional or negligent depending on the circumstances.

Defamation by Slander or Libel
Defamation occurs when a person causes harm to another economic or dignitary interest by spreading false information about the person.  If the false information is in writing, such as in a newspaper or online, it is considered libel.  If the false information is spoken, it is considered slander.

Negligence
Negligence occurs when a person has a duty to conform to a specific standard of care and the person breaches that duty resulting in harm to another.  The most common example is the driver of car.  When a person is driving, they have a duty to follow the rules of the road.  If they fail to follow the rules of the road and a wreck results, the driver is liable to the anyone injured because of their negligence.  Negligence has many different standards of care depending on the person and situation. 

Trespass
Trespass to Land occurs when one enters onto another's land.  A trespasser is liable for the damages resulting from their trespass.

Conversion or Destruction of Property
Conversion is most often compared to the criminal charge of theft.  Conversion occurs when a person exercises dominion or control over another's property. 

Insurance Issues
Insurance issues most often arise when a person's insurance claim is denied, or not paid in full, by their own insurance company.  When an insurance company refuses to pay out under its own policy, the insurance company may be acting in bad faith, and a lawsuit may be required to get the insured the money that they are entitled too.

Insurance issues also arise when another person's insurance owes another party money but is not giving the person the amount of money they deserve.  If an insurance company is trying to avoid paying out the full amount of money owed, a lawsuit may be required.