Also known as:litigates · litigated · litigating · litigation · litigations · litigant · litigants · litigator · litigators · litigable · lawsuit · sue · legal action
Written by attorneys · grounded in primary & secondary sources — see below
To pursue a legal claim or defense through formal judicial proceedings in a court of law. The term encompasses filing suit, conducting discovery, presenting evidence, and seeking a judgment or settlement.
Sources & Authorities
How it applies
Common Examples
6
Pending Suit Clouds Marketable Title
Lars Lindstrom contracted to sell land to Lola Langley. Before closing, a neighbor filed suit claiming an easement across the parcel. Langley refused to close because the pending action rendered title unmarketable under the contract standard. Lindstrom could not cure the defect by the closing date, so Langley rescinded without liability.
Judge Barred from Representing Family
Judge Leah Lamb attempted to appear in court on behalf of her adult child in a contract dispute. The judicial conduct commission charged her with practicing law. Lamb argued the representation was uncompensated family assistance, but the rule prohibits serving as counsel in any forum even without pay.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Hornbooks
Liam Larson retained Legacy Motors' outside counsel on a personal injury claim arising from a defective vehicle. The parties signed a written agreement stating the lawyer would receive thirty-five percent of any recovery after deducting expenses. The agreement also notified Larson that he remained responsible for costs if the case was lost.
Privilege Covers Employee Communications
Lumen Capital's in-house counsel interviewed a mid-level engineer at the direction of the general counsel to assess potential product-liability exposure. The engineer described internal testing data. When a plaintiff later sought the notes in discovery, the company successfully asserted attorney-client privilege over the communications.
Venue for Entity Defendant
Lunar Dynamics, an LLC headquartered in Delaware, was sued in a products case. The plaintiff filed in a district where the company maintained a sales office and was subject to personal jurisdiction. The court held that the LLC resided in that district for venue purposes under the statute governing entities that can sue and be sued.
LLC Sues in Its Own Name
Landmark Realty, an LLC, discovered that a tenant had breached a lease by subletting without consent. The LLC filed suit directly in its own name seeking damages and eviction. The court recognized the entity's statutory capacity to sue without joining its members as parties.
Common questions
Frequently Asked
6
How does pending litigation affect marketable title in a real estate contract?+
Pending litigation that clouds title constitutes a defect that may render title unmarketable. The buyer may rescind or refuse to perform if the seller cannot cure the defect by closing.
Supporting sources
May a sitting judge represent a family member in court proceedings?+
A judge is prohibited from serving as the family member's lawyer in any forum, even without compensation. The judge may give legal advice or draft documents but may not appear as counsel.
Supporting sources
What must a contingent fee agreement contain under the Model Rules?+
The agreement must be in a signed writing that states the percentage fee, how litigation expenses will be deducted, and whether the client remains liable for expenses if there is no recovery.
Supporting sources
Does the attorney-client privilege extend to communications with lower-level corporate employees?+
Yes. Communications made by any corporate employee to counsel at the direction of superiors for the purpose of securing legal advice are protected, not merely those from the control group.
Supporting sources
Where does an unincorporated entity reside for venue purposes?+
An entity resides, when sued as a defendant, in any judicial district where it is subject to personal jurisdiction with respect to the civil action.
Supporting sources
Can a limited liability company initiate suit in its own name?+
Yes. An LLC possesses the capacity to sue and be sued in its own name and may exercise all powers necessary to carry on its activities.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…v. TVA , 297 U. S. 288, 345 (1936) (Brandeis, J., concurring). II Even if there were a plaintiff in this case capable of litigating the issue which the Court decides, I would reach a conclusion opposite to that reached by the Court. I have difficulty in concluding, as the Court does, that the right of "privacy" is…