Litigation


Sometimes legal rights disputes regarding estates and business matters can only be effectively resolved through lawsuits and court intervention.

When you come to us at Mammel Law to discuss the facts of your legal dispute, we listen to gain a full understanding of the pertinent facts and your position, claims or defenses to claims. We analyze those facts in light of the law and provide you with a fair and objective analysis. We identify and explain your strengths and concerns, so you can make a well-informed decision on how to address your dispute, while keeping your financial bottom line in mind. Sometimes, the best approach involves pre-suit or early suit negotiations to avoid costly litigation. When forced to proceed to court, we have successfully represented clients, whether plaintiffs or defendants, through numerous dispositive motions granted by the courts and jury verdicts at trial.

Estate Claims

The fiduciary (trustee or personal representative) and beneficiaries have both duties and reasonable expectations in the administration of a trust or probate estate. Fiduciaries have the obligation to openly inform the beneficiaries of the assets of the estate and to diligently work toward the distribution of the estate assets. Beneficiaries should cooperate with the fiduciary by maintaining an open line of communication with the fiduciary, reviewing inventories and accounts of assets and making appropriate preparations (including establishing accounts) to receive the assets to be distributed by the fiduciary. In this relationship, both parties must communicate in order to complete the administration of the estate. In short, fiduciaries can’t keep beneficiaries “in the dark,” and beneficiaries can’t keep the fiduciaries guessing as to what they need.

When one or both parties fail to communicate and cooperate, court intervention may be necessary. With more than 20 years of litigation experience and a thorough knowledge of trust and probate law, the attorneys at Mammel Law have assisted both fiduciaries and beneficiaries to obtain favorable settlements and court rulings to end these disputes.

Business

Business disputes can arise from breaches of contract, fraud, negligent misrepresentation or unfair competition. Claims in contract require legal review, interpretation, and analysis. Damages are often limited by the written terms of contracts. Fraud and unfair competition can often involve higher damages, including punitive damages. Other disputes can arise in the context of dealings between business owners or in the infringement of intellectual property rights (patent and copyright) or trade secrets.

Mammel Law represents your claim when you have been wronged or defends you when you are wrongly accused. We are experienced in negotiating, litigating, and analyzing business disputes key to your success or critical to your survival.