The landscape of today’s business world and our everyday lives can be complex, aggressive, and litigious. When people are negligent or malicious or competitors breach contracts, commit fraud, or misappropriate your creative ideas, you are forced to protect your rights. When frivolous and baseless lawsuits or claims are brought against you, you are required to defend yourself. While Beth Santilli Law takes every possible measure to settle disputes outside of court, sometimes lawsuits cannot be avoided.
When litigation becomes necessary, you need competent, dedicated representation in court or in alternative dispute resolution. Beth Santilli Law is an experienced civil litigation firm in Mt. Pleasant, SC who will provide individualized counsel and fight to protect your interests and rights. Get in touch with us today to request a consultation.
Civil Litigation Practice Areas
Here are just some of the civil litigation practice areas our trial lawyers can assist you with:
Although a business owner may try to run their company with nothing but integrity and honesty, there are always those who can cause harm to the business. Just a few of the most common claims and torts business owners are involved in regularly include:
– Breach of Fiduciary Duties
– Defamation, Slander, and Libel
– Fraud & Negligent Misrepresentation
– Violations of the South Carolina Unfair Trade Practices Act (SCUPTA)
– Theft of Trade Secrets
– Violations of Non-Compete Agreements, Non-disclosure Agreements & Confidentiality Agreements
– Tortious Interference with a Business Contract or Relationship
All of these claims and torts have the potential to become disastrous for a business, so the owner(s) must fight for what is rightfully theirs. We can help.
One of the biggest investments that a homeowner or business owner can make is purchasing a home or constructing a building. Unfortunately, whether homeowners or business owners are building their own real property, improving upon their existing structure, or involved in other construction projects, there is always a chance that something will go wrong. Just some of the problems that homeowners and business owners face include structural and building code violations, mechanical and electrical system defects, and water intrusion and mold issues. To make matters worse, poor design, inferior materials, or improper workmanship can remain for years after purchase before becoming visible. Our lawyers will pursue the best pre-litigation resolution for your case or take liable parties to court when necessary.
On the other hand, if you are a contractor and find yourself defending litigation against your workmanship, Beth Santilli Law is experienced with handling defect claim disputes. We will fight to dismiss false claims against you. If the matter needs to be settled, we will represent you through the entire process, protecting your rights at each and every turn.
If you are facing a mechanics’ lien filed against your property as a homeowner or business owner, we can help you to get the mechanics’ lien lifted. Our experience with mechanics’ liens also extends to contractors who need to file a lien in order to get paid. No matter your situation, we are here to help.
The actions of your competitors may not pose the greatest threat to your business. Instead, the greatest threat to your business may well be a dispute with your business partners. Partnership disputes often arise due to disagreements over business decisions, cash flow problems, arguments over profits and direction of the business, internal turmoil and control, and partnership splits.
We want to resolve partnership disputes through negotiation and settlement if possible. However, if pre-trial settlement is impossible, our attorneys are prepared to fight for your interests in court.
South Carolina law states that insurance companies must treat you fairly. Yet, as insurance companies look to reduce payouts and maximize returns for their shareholders, policy holders are often left with unpaid or underpaid claims. Beth Santilli Law can handle your insurance coverage denials and bad faith actions. We deal with insurance companies daily and are here to support you in your time of need.
A breach of contract occurs when one party fails to perform a legally enforceable promise. Those promises, also known as contracts, can be written or oral. Sometimes a breach of contract may also be accompanied by a fraudulent act. Whether you are the plaintiff or defendant in a breach of contract action, we are here to help.
In a breach of contract lawsuit, the plaintiff must prove the existence of the contract, its breach, and damages. The purpose of damages is to place the plaintiff in as good a position as he or she would have been if the contract had been performed. The measure of damages is the actual loss suffered by the plaintiff.
Fraud occurs when someone intentionally deceives another by their words or conduct to induce another person to give up property or forgo a legal right through dishonesty and deceit. Fraud comprises anything calculated to deceive by some artful plan that goes against the plain rules of common honesty.
Negligent misrepresentation is not as intentional as fraud. The person at fault is often careless in how they represent their capabilities and cannot follow through on their representations.
We are dedicated to prosecuting legitimate claims or defending our clients from baseless lawsuits regarding fraud or negligent misrepresentation.
In defamation cases, a plaintiff may recover damage caused to his or her reputation as the result of a defendant’s false oral or written comments made to others about the plaintiff. Defamation is not based on hurt feelings but on the injury to a plaintiff’s reputation. Defamation is either in the form of libel (written defamation) or slander (spoken defamation).
Defamation only has a two (2) year statute of limitations in South Carolina. If your reputation has been injured by another, time is of the essence. Contact our experienced trial lawyers to prosecute or defend a defamation claim.
When you purchase a home or condo in a neighborhood with a homeowners’ association (HOA), you are responsible for HOA fees. The benefits of an HOA include well-kept common areas and amenities as well as standards of appearance that all homeowners must follow according to the HOA’s bylaws. Disputes can arise, however, between the homeowner and the HOA.
HOAs are bound by the South Carolina Homeowners Association Act governing documents, including the declaration, master deeds, bylaws, covenants, conditions, and restrictions. It is of vital importance to seek representation who is familiar with the Act and governing documents. If you have had a mechanics’ lien filed against your property, we can help. Beth Santilli Law has represented homeowners against HOAs when those HOAs are operating outside of the Act and/or their own guidelines.
A rental agreement, or lease, will control many of the duties and entitlements of residential and commercial landlords and tenants. Our lawyers are highly skilled at negotiating, drafting, and reviewing residential and commercial leases and can help you step-by-step with this process. However, no matter how thoroughly a lease was drafted and reviewed, disputes can still arise concerning the provisions of the lease.
Regardless of whether the lease is residential or commercial, a landlord must follow South Carolina law regarding proper eviction of a tenant. If a tenant believes they were wrongly evicted, he or she may seek remedies for unlawful eviction. Beth Santilli Law has handled both residential and commercial evictions for both landlords and tenants and stands ready to support you through this daunting process.
The South Carolina Unfair Trade Practices Act is meant to protect both businesses and individuals from others that wish to intentionally take advantage of them through unfair business practices that affect the public and have a potential for repetition. In cases such as these, the victim of the unfair act may seek civil remedies including treble damages and attorneys’ fees. Contact our civil litigation lawyer if you have fallen victim to these unfair practices.
In many cases when individuals and business owners have a dispute with another party, they can use civil remedies to make the situation right—and even claim compensation. Unfortunately, this is not always possible. In cases where it seems that no civil legal remedy is available for a dispute, an individual or business owner may seek an injunction or other equitable relief. These measures prevent another party from taking actions that have the potential to harm the individual or business owner. Injunctions and other types of equitable relief may carry civil penalties or court sanctions when one party fails to comply.
Beth Santilli Law has been awarded injunctions in cases of defamation, unfair trade practices, and business disputes. We have successfully fought to keep clients free from the restrictions of an injunction. Contact us if an injunction is necessary to stop others from infringing on your rights or require defense against an injunction.
A debt can easily turn into a difficult legal dispute. When this is the case, experienced attorneys from Beth Santilli Law can help business owners and individuals with fraudulent transfers, foreign judgments, and receiverships. We have experience with business and individual disputes, which may include the collection on promissory notes, mechanics’ liens, and the payments for goods and services, just to name a few.
Obtaining a judgment that pertains to a certain dispute is difficult enough. Unfortunately, for many individuals and business owners, that is not the end of the problem. Other parties do not always comply with judgments, even though they are court orders and therefore legally binding. In these cases, a civil litigation lawyer can help with asset searches, charging orders, debtor exams, domestication of foreign judgments, fraudulent conveyance challenges, judgment lien foreclosure, payment plans, receiverships, and more.
Get Legal Help Today
At Beth Santilli Law, LLC in Mt. Pleasant, SC, we are here to defend your rights, whether you are an individual or a business. If you are involved in a civil dispute, contact us today to schedule a consultation to review your case.