Litigation Services
Our litigation attorneys reside in the lakeshore community in & around Holland, Michigan.
Litigation Attorneys
Litigation Attorneys
Every litigator within the Litigation Practice Group of Cunningham Dalman resides locally in and around Holland, Michigan. The commitment to our “neighborhood” and its residents, plus our active litigation practice in state courts, federal courts, and administrative agencies all over Michigan, make us unique in the field.
We're your neighbors!
We are accessible because we’re your neighbors. You see us in church, at local sports activities, at the supermarket. We are never too busy to chat with you, answer questions, or just say, “Hi!”
Our litigators bring hundreds of years of combined experience (involving thousands of cases) to the table when we stand up for your rights and solve your legal problems.
The Best Resolution of Disputes
Voted Best Law Firm in Holland
Attorney Articles
Celebrating Our Recognition in the 15th Edition of Best Law Firms®
We’re thrilled to share some exciting news—our firm has been recognized in the 15th edition of Best Law Firms®! This
Celebrating Our Firm’s Recognition in Grand Rapids Top Lawyers 2024!
We’re proud to announce that several of our attorneys—Tom Hillegonds, Rob Howard, Haans Mulder, Susan Vroegop, Ron Vander Veen, Brad
Medicaid Planning Seminar – Nov 2024
Cunningham Dalman will be hosting a Medicaid Planning Seminar on Thursday, November 21, 2024, 5:30-7:00 pm. We’ll cover important topics
Estate Planning Seminar – Oct 2024
Cunningham Dalman will be hosting an Estate Planning Seminar on Thursday, October 24, 2024 from 5:30-7:00 pm. We’ll cover important
Are You Having a Dispute with Someone?
Civil Litigation. reach out today & we’ll do our best to assist!
Our Litigation Services
Understanding Civil Litigation
Civil litigation involves cases where private citizens (or firms) sue each other. Our litigation attorneys are well versed in drafting pleadings, discovery, pre-trial, mediation, court room trials, settlements, and even appeals.
Civil LitigationTort / Wrongful Act Claims
Civil tort or wrongdoing by someone against another is a broad area of law. Our attorneys are ready to assist you filing or defending a claim.
Tort ClaimsBreach of Contract
These cases result from an individual's or firm's failure to complete some portion of a contract. Examples are not completing a job on-time, not delivering goods, failure to pay, and many others.
Breach of ContractEquitable Claims
Equitable claims request for the court to order one party to take certain action or seek an injunction to prevent something from happening.
Equitable ClaimsLandlord / Tenant Disputes
Civil courts hear cases involving landlords and tenants. Eviction of a tenant or tenants suing for security deposit returns are common examples.
Read moreWanting a Legal Opinion?
Know Your Options. Most Civil disputes are best handled outside of court!
understanding the Civil litigation process
Understanding Civil Litigation
Civil lawsuits are disputes between two parties with one deciding to file a claim with the court requesting “damages” or an “injunction”. In many cases, the parties work through the issue using legal counsel and eventually settle the case without going to trial.
By contrast, criminal suits involve specific crimes and will most times involve a trial by jury with possible jail time and fines administered.
Steps of Civil Litigation:
- Assessment & Investigation - A Litigation Lawyer will often begin the process by investigating the dispute to see if there's enough evidence to even file a case or defend against a case. This part can involve locating witnesses, doing interviews, taking formal witness statements, and investigating all of the facts collected. Our attorneys also discuss potential settlement options in an attempt to resolve the matter before a lawsuit is filed.
- Drafting Pleadings & Motions - For plaintiffs, our attorneys will draft and file your complaint to initiate a lawsuit and the defendant's attorney will draft their answers and any counterclaims they may file. Any number of pretrial motions can be filed to dismiss the case, change the location or venue of the trial, and in some cases to render a judgement based on the pleadings alone.
- Discovery - During discovery, attorneys on both sides will begin their process of exchanging information and asking for written answers to questions under penalty of perjury. In some cases, depositions will be setup and questions will be answered under oath. Attorneys on both sides can also review physical evidence collected and analyze any electronic information submitted during the process. All of this information will assist in formulating a case strategy should the matter end up going to trial.
- Pre-Trial - At this stage, our attorneys will begin the process of preparing for trial. This can involve interviewing expert witnesses, preparing trial exhibits, and drafting any final motions dealing with certain evidence which surfaced during discovery. Case strategy will be finalized based on all of the evidence and facts collected.
- The Trial - At trial, a process called "voi dire" begins and essentially is the process used to select a fair and impartial jury. Once completed, attorneys from both sides will present their case, call witnesses to testify, and do cross-examinations.
- Settlements - At every stage is the process, negotiations will be ongoing in hopes of reaching an equitable resolution for all parties. Settlements allow parties to negotiate terms and eliminate the risk and expense of going through a full trial. Often times, settlement conferences or mediation processes will be setup with the judge to see if an agreement can be reached.
- Appeals - Attorneys can appeal a decision against their client if they can present evidence which challenges the court's decision. This involves drafting post-trial paperwork / motions and presenting arguments before an appellate court in Michigan.
Civil courts & Tort claims
Tort / Wrongful Act Cases
In civil cases, the standard of proof is lower than criminal cases and focuses on “the preponderance of evidence”. A tort is a civil wrong that causes loss or harm to an individual.
If proven, a civil tort lawsuit will compensate the victim and hopefully discourage or deter the wrongdoing from occurring again. Wrongdoings can include items such as: physical injury, monetary / economic injury, property rights, constitutional rights, pain & suffering, damage to your reputation, and more.
Types or Classifications of Torts:
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Intentional - Intentional torts are simply acts done on purpose which caused harm to the plaintiff. In these cases, it isn't necessary to prove intent just that the defendant purposely did something harmful. Intentional wrongdoings to a person can include assault, defamation, libel, emotional distress, and more.
Intentional wrongdoings can also be directed at a person's property and can include trespass, intentional interference with property use, physical damage, and more. - Unintentional - This usually involves an allegation of negligence on one party that resulted in an accident. Often times, these are slip & fall accidents, medical malpractice, or automobile accidents.
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Strict Liability - These are tort cases where the plaintiff does not need to prove the defendant violated any type of standard of care. Some examples are your dog bites someone or you illegally use explosives you are not authorized to use.
Product liability is another one considered a strict liability tort. A user of the product simply needs to show the product was defective and this is what caused the injury.
Michigan Tort Examples
- Negligence (most common)
- Defamation
- Property Trespass
- Wrongful death
- Infliction of Emotional Distress (intentional)
contract terms are not fulfilled
Breach of Contract Claims
Our civil courts allow individuals to seek relief when you have entered into a contract and the other party does not fulfill their obligations.
In these cases, the plaintiff (person filling the suit) should be prepared to prove a contract existed with language addressing the terms of the agreement. A signed document by both parties is the simplest form of proof but oral contracts can be proven as well.
Minor Breach of Contract
A minor breach of contract occurs when a party fails to perform an obligation, but the item isn’t so significant it delays or keeps the overall contract from being completed.
As an example, a painter or someone hired to stain your deck may not be able to get the specific brand discussed due to availability. The job is completed with an equitable brand but you are not satisfied.
These types of matters are usually negotiated outside of court.
Material Breach of Contract
A material breach of contract occurs when a violation is so severe it prohibits project completion. In our previous example, the painter never shows up for the job even though a deposit was placed.
Contractor used material not agreed upon or of less quality than defined in the contract.
court requests to stop certain actions
Equitable Claims
A party can seek the courts assistance in ordering an injunction which compels another party to refrain from certain actions. The injunction is ordered to prevent future harmful actions rather than to address relief in the form of monetary damages.
Common Types of Equitable Claims:
- Employee Non-Competition / Non-Solicitation Agreements
- Hiring Employees with Existing Non-Competition / Non-Solicitation Agreements
- Merger & Acquisitions without Provisions for Existing Non-Competition / Non-Solicitation Agreements
Types of disputes & litigation
Landlord / Tenant Disputes
Landlord / tenant disputes are common in our civil courts and generally involve rent payments, upkeep and repair issues, security deposits, and evictions. Our litigation practice at Cunningham Dalman is here to assist landlords and tenants protect their interests.
Common Landlord & Tenant Disputes:
- Security Deposits - The majority of lease contracts give the landlord the right to deduct unpaid rent, damages & repairs, cleaning fees, and storage of items left in the unit.
- Maintenance & Repairs - Lease agreements should have provisions which state how repairs will be addressed during the lease period. Unfortunately, tenants will sometimes withhold paying rent due to delays in repairs.
- Pet Deposits & Damages - Landlords will often require additional deposits for pets based on the size and/or number of pets. Agreements should clearly layout how pet deposit refunds will be administered and the type of deductions which can occur for pet damages.
- Cleanliness of Premise - Tenants are required to keep the leased unit clean by periodic dusting, mopping, vacuuming, garbage removal, and other items listed in the lease agreement.
- Habitability Covenant - A tenant has a right to clean and sanitary premises.
- Breaking Lease - Tenants can and do move out before their lease expires.
Litigation FAQ
Most frequent questions and answers
Civil litigation is our legal process for handling disputes which are not criminal in nature. This could be a simple disagreement with your neighbor over a boundary dispute or a contractor not performing their obligations. There isn’t a specific law broken but simply a disagreement over an issue. In most situations, civil litigation cases are settled outside a court room.
Yes, it generally is better to reach an agreement with the other party rather than going through a jury trial.
Most civil cases will be settled by reaching an agreement which works for both sides. Settlements can be negotiated before, during, and even while a jury is deliberating.
