Frequently Asked Litigation Questions
The information contained herein is for informational purposes only as a service to the public and is not legal advice or a substitute for legal counsel. Persons viewing this information should not act upon the information contained herein without seeking legal counsel.
What types of lawsuits does WCG typically handle?’
What are some examples of cases that WCG attorneys have handled?
My Sweet Petunia v. Stampin’ Up!, 2021 U.S. Dist. LEXIS 17769 (D. Utah Jan. 28, 2021)
- WCG attorneys served as lead counsel for patentee My Sweet Petunia and successfully obtained a summary judgment of infringement in the District of Utah against a company that was making a competing crafting product.
Sunless, Inc. v. Selby Holdings, LLC, 2021 U.S. Dist. LEXIS 149902 (M.D. Tenn. Aug. 10, 2021) and Sunless, Inc. v. Selby Holdings, LLC, 2022 U.S. Dist. LEXIS 56638 (M.D. Tenn. Mar. 29, 2022)
- WCG attorneys served as lead counsel for defendant Selby Holdings and succeeded on several motions to dismiss in the Middle District of Tennessee.
Research Found. of State Univ. of N.Y. v. Mylan Pharms., Inc., 723 F. Supp. 2d 638 (D. Del. 2010)
- WCG attorney Shane Cortesi was part of the team that successfully obtained a preliminary injunction in favor of the patentee that prevented a generic drug company from introducing a copy of the patentee’s pharmaceutical product.
Where can I file my lawsuit?
If your lawsuit does not qualify for federal court, or we think there is an advantage of filing in state court, we can file in state court.
Which state can I file my lawsuit in?
Sometimes personal jurisdiction and venue are easy, such as where the plaintiff and defendant reside in the same judicial district or where the contract in dispute contains a forum selection clause. Other cases are more complex, especially if the parties reside in different states or countries.
Do we handle lawsuits outside of Tennessee?
We also periodically handle cases outside of Tennessee, Georgia and Ohio by associating with local counsel licensed in the state of the lawsuit.
Should I try to resolve the issue myself before engaging an attorney?
What happens after a complaint is filed and served?
What is a counterclaim and how does it differ from an affirmative defense?
An affirmative defense is a defense to the plaintiff’s claim. Examples of affirmative defenses include statute of limitations, statute of frauds, fraud and contributory negligence. Affirmative defenses must be included in the Answer.
What happens after the Answer is filed?
What happens at summary judgment?
We have argued and succeeded on a number of summary judgment motions in federal and state court and often summary judgment is a critical juncture in the case, as it often provides a good opportunity for settlement even if the case is not fully resolved at summary judgment.
Will my case go to trial?
We became attorneys because we like going to court, but we are focused on obtaining the best possible outcome for the client, whether that means arguing the case before a jury or reaching an out of court settlement.
What can I do as a client to set myself up for success throughout this process?
Also, have patience. Litigation, particularly in federal court, takes time. Judges dockets are busy and the discovery process especially can be drawn out.
Be prepared to spend time and money on the case. Unfortunately, litigation is expensive, particularly complex cases. However, sometimes you have no other choice but to file suit and enforce your rights.
What factors do we look at when determining whether to represent a client in a lawsuit?
I won or lost at trial. What happens next?
The best cases for successful appeals are those where the record shows that the trial judge made an error of law in the decision. Factual errors are more difficult to overturn, especially, if decided by the jury.
What happens on appeal?
An appeal is initiated by the party appealing, known as the appellant, filing a notice of appeal. Each party then has the opportunity to file briefs. In Tennessee, the case will be heard by a three judge panel, which may decide the case on the briefs or after hearing oral argument after receiving the briefs.
My case is on appeal. Is the trial court’s judgment still enforceable?
WCG | Wright, Cortesi & Gilbreath
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Unlike many large firms, a small team will be assigned to your matter, which allows us to provide individualized attention and cost-efficiency.