Litigation

Litigation

A litigator is an attorney who is skilled in (1) obtaining the relevant facts of a claim or dispute which has been or may be asserted by or against a client; (2) determining  the factual and legal issues involved, the strengths and weaknesses of the client’s position, and the client’s available remedies and relief or exposure to liability and/or other adverse consequences, (4) devising strategies for resolving the claim or dispute; (3) negotiating the disposition of the claim or dispute; and (5) if the matter cannot be resolved by negotiation, representing the client in  any ensuing lawsuit, arbitration, or other proceeding.

Mr. Bergmann is a litigator.

Once Mr. Bergmann agrees to represent a person or business, he works zealously to obtain for that client the best possible result under the law and facts of his/her/its case. In many cases, he is able to resolve the claim brought by or against his client through a negotiated settlement. However, when a fair and reasonable settlement cannot be achieved without resort to the courts, Mr. Bergmann will aggressively strive to obtain for his clients any remedies to which they are legally entitled.  Through negotiated settlements, trials, and arbitrations, Mr. Bergmann has obtained excellent results for many clients. Examples of a few such cases are listed below.

Mr. Bergmann does not accept or refuse a prospective client’s case based on “which side of the fence” the client is on—i.e. whether that person or business is a claimant or defending party. Rather, his litmus test is whether he believes that the prospective client’s position has legal merit and is factually supportable.

Mr. Bergmann is available to assist clients asserting or defending against claims involving:

  • Breach Of Contract
  • Breach Of Fiduciary Duties
  • Breach Of Non-Disclosure, Non-Compete, or Other Restrictive Covenants
  • Breach of Warranties
  • Commercial Debts
  • Construction Bonds (Performance and Payment)
  • Construction Defects
  • Contract Interpretation
  • Conversion (i.e., wrongful taking of personal property or money)
  • Financial Adviser/Stock Broker Liability
  • Fraud
  • Intentional Interference with Business Contract or Relationship
  • Mechanic’s Liens
  • Negligence
  • Nuisance
  • Ohio Consumer Sales Practices violations
  • Personal Injury
  • Products Defects (called “Product Liability”)
  • Premises Liability
  • Public Improvement Fund Liens
  • Real Estate Defects (involving title or property)
  • Trespass (i.e., wrongful intrusion on and damage to real property)
  • Unfair Competition
  • Will Contest
  • Wrongful Death

The firm will handle most matters involving a claim or dispute for under an hourly fee agreement. Personal injury and wrongful death claims are an exception to that policy. (If you have such a claim, see Personal Injury Claims.) 

All of the types of claims and disputes which the firm handles are not stated in this brief overview. If  you would like to find out whether  this firm accepts a type of case not listed, please feel free to contact us in that regard.

Examples of Exceptional Litigation Results

♦   In the Kenwood Towne Place litigation (Hamilton County, Ohio), Mr. Bergmann obtained a settlement of $350,000 for his client, a local subcontractor, on its public improvement fund lien claim. His client was one of only handful of claimants to obtain any recovery on the $100,000,000 project. Arts Rental Equipment Inc vs. Bear Creek Construction LLC, et al.

♦   In a Will contest brought in the Hamilton County, Ohio Probate Court, Mr. Bergmann successfully defended the Will of a decedent whose estate was valued at $1,000,000.  After a 5-day trial, the jury rendered a verdict against the claimants. In re Estate of Mary Liddy.

♦   In a home construction defect case brought in Warren County, Ohio Court of Common Pleas, Mr. Bergmann obtained a $1,200,000 judgment against a local custom home builder, after a 3-week jury trial. Musuraca v. Kurlemann Builders, Inc, et al.