Civil Law

Civil Litigation is the trial of civil matters for remedies permitted under civil law. Although there are many types of litigation, civil litigation is generally compared to criminal trials or proceedings where the defendant is charged by the state or a governmental agency with a violation of criminal statutes or codes. Common law and civil statutes and codes provide the basis for civil lawsuits. Criminal are found ‘guilty,’ where in civil proceedings – with a few exceptions – guilt or innocence is not an issue, but instead the defendant is found ‘liable’ for civil damages or remedies.

Arbitration

The Law Office of David M. Kennedy, P.C. practices civil litigation law. In this respect, we represent plaintiff’s and defendants in civil court. With great frequency, arbitration agreements are placed in contracts between parties and as a result the proceedings may be tried before professional arbitrators as opposed to a civil court. The Firm is prepared for those contingencies. Additionally, mediation is mandated by the courts in most every instance, and not only has the Firm represented hundreds of clients in mediation proceedings, but David is a trained mediator who has been retained to serve as the mediator for other attorneys and their clients.

Litigation History

As you will see from the Litigation History page, the Firm is typically representing the victims of civil wrongs. WE DO NOT REPRESENT INSURANCE COMPANIES. With that said, there are many cases where insurance is not involved and David has represented and will when requested represent the defendants in civil suits. In doing so, David is often able to find grounds for counterclaims to be asserted by the defense so as to ensure the client is able to not only defend and defeat the claim, but become the plaintiff and recover in his/her own right.

Some grounds for legitimate civil suits that the Firm has handled are:

• Bad Faith by the Insurance Company in denial or delay in paying claims
• Vehicle accidents (auto, truck, ATV, boats)
• On-the-job injuries (usually when there is no worker’s compensation coverage)
• Medical malpractice and neglect (hospitals, physicians, dental)
• Nursing Home / Assisted Living neglect and abuse
• Breach of Contract (often involves partially completed work or running off with the money)
• Fraud (usually misrepresentation of facts or failing to disclose the true facts)
• Dangerous animal and dog attacks (pit bull attacks are usually covered by homeowners)
• Libel and Slander (media, or usually word of mouth that harms you professionally)
• Consumer fraud and Deceptive Trade Practices
• Providing alcohol to minors (homeowners and bars/sports bars)
• Assault and Battery (any unwanted touching can constitute an assault in most cases)
• Conspiracy (people with a common intent to cheat, lie, commit a fraud)
• Breach of Fiduciary Duty (oil and gas owner; estate representative; attorneys to their clients)
• Premises liability (animal attack; floor failures; hidden dangers; dangerous activities; drownings)
• Nuisance (neighboring business injuring your residence or attracting children to danger)
• Construction defects (warranty remedies and return of construction costs; structural failures)
• Legal Malpractice (neglect of the attorney causing financial injury to client)
• Will / Trust disputes and contests
• Real estate disputes and contests
• Oil and Gas royalty disputes and claims
• Family violence
• Elder Abuse and Neglect (physical, financial, and fraud).