Our trial attorneys serve clients in Ohio and Kentucky
At Hemmer Wessels McMurtry PLLC, our attorneys represent a diverse spectrum of individuals, entrepreneurs, small businesses, municipalities and multi-million dollar corporations in a wide range of civil litigation matters. Our litigation group is large enough to provide the full menu of services our clients need, yet lean enough to provide the responsiveness they need in the modern workplace. Our attorneys and staff take advantage of the latest technology and developments in the law to provide our clients with aggressive representation in state and federal courts in Ohio and Kentucky. Our attorneys are mindful of the costs and risks our clients face in litigation, and we always strive to minimize these costs and risks in a business-like manner. While we always prepare as is if our clients’ cases are going to trial, our goal is to help our clients achieve the best possible outcome informally.
Strong advocacy when a business dispute is headed for court
We understand that it is in your company’s interest to avoid time-consuming litigation, so our attorneys attempt to resolve business disputes out of court through negotiation, mediation and arbitration. But when the other party is unreasonable, you cannot avoid litigation. The trial-tested attorneys at Hemmer Wessels McMurtry PLLC are experienced in litigating all types of disputes, including:
Breach of contract – The most common business dispute involves a breach of contract. We understand how courts interpret contracts, the type of proof needed to prove a contract, and how juries perceive contracts. Be it a real estate contract, business agreement, lease, purchase agreement, or other form of agreement, we can help.
Real Estate Litigation – Our attorneys have handled a wide variety of real estate related disputes, including foreclosure, eminent domain, tax liens, quiet title disputes, zoning and other matters.
Collections — When you have run out of patience with a nonpaying client, debtor or customer, we bring a collection action to recover the money you’re due.
Employment disputes — When a former employee has violated a non-compete agreement or other provision of an employment or termination contract, we aggressively protect your interests. If an employee sues you for discrimination, harassment or unfair labor practices, the attorneys at Hemmer Wessels McMurtry PLLC defend you and explore the potential for counterclaims.
Commercial litigation — Our veteran litigators prosecute your claim or defend you in disputes arising out of real estate transactions, foreclosures, lender liability claims, healthcare provider contracts, breaches of fiduciary duties, professional liability claims, bankruptcies, probate and estate matters, and construction and condominium projects.
Protecting your interests in employment litigation
Even with sound employment contracts in place, businesses still face occasional legal problems with employees. Employment disputes can affect not only your profits, but also your reputation as an employer. They need to be addressed swiftly and decisively. The litigators at Hemmer Wessels McMurtry PLLC are experienced at resolving employment law disputes, including those involving:
Wrongful dismissal and discrimination claims — Kentucky and Ohio are both “employment at will” states, which means employers can dismiss workers for any — or no — reason so long as it’s not discriminatory or retaliatory. Consequently, employee lawsuits alleging wrongful dismissal often are based on allegations of harassment, retaliation or discrimination based on race, religion, age, national origin or gender.
Noncompetition violations — When a former employee uses or sells your company’s trade secrets, such as client lists, marketing plans or information about products that are in the pipeline, you need a team of experienced litigators to protect your interests.
Wage and hour violations — If you have been accused of failing to pay wages or overtime, requiring excessive hours or withholding benefits, you need litigators who know how to resolve the allegations with as little disruption as possible to your company. If not handled swiftly, these accusations can spiral into regulatory or even criminal matters.
Acting decisively in shareholder, LLC member and partnership disputes
The business litigators at Hemmer Wessels McMurtry PLLC are experienced at handling partnership conflicts, which often involve:
- Breach of fiduciary duties by officers, directors, and LLC members
- Misappropriation of a corporate opportunity
- Conflicts of interest
- Inadequate dividends
- Failure to provide financial information
- Excessive salaries
- Allegations that a partner is misappropriating the business’s assets
- The untimely death of a partner
- Conflicts among family members who have inherited a piece of the business
- Partnerships with poorly defined roles
- Partnerships with weak or no governance procedures
- A partner who “borrows” money from the business for personal use
- A partner who develops a problem with gambling or drugs
- A partners who claims that another partner has breached the partnership agreement
Our trial attorneys understand the law that applies to businesses and duties that that law places upon officers, members, directors and partners. As well, we are skilled at quantifying the damages that arise from corporate wrongdoing and can present the evidence in a persuasive manner to a judge or jury.
We know how personal a corporate dispute can be and we are committed to achieve your desired outcome, while also providing alternative dispute resolution skills to get a case settled.
Perhaps most importantly, other attorneys know we will take a case to a jury and up on appeal. So, we enter any negotiation fully prepared to say “no” to a bad deal.