Has your business been sued in Minnesota?
A summons and complaint require a timely assessment of what the plaintiff is asking for and how the business should respond. The immediate questions include who was served, when service occurred, which court is involved and whether a hearing or request for temporary relief is already pending.
MJB's business and commercial litigation practice represents defendants as well as parties bringing claims. We review the governing agreements, communications and business records to distinguish disputed allegations from supported facts and develop a response suited to the client's objectives.
A company does not need an existing relationship with MJB to contact us about a lawsuit. Identify the parties and any approaching deadline before sending confidential documents.
Business lawsuits we defend
Breach-of-contract and payment claims
Claims involving commercial agreements, unpaid obligations, performance, termination and disputed contractual terms. We examine the agreement and the parties' conduct, including amendments, notices, payment history and communications that may affect the asserted obligation or claimed damages.
Shareholder, LLC and fiduciary-duty disputes
Claims concerning management decisions, ownership rights, distributions, access to records and alleged breaches of duties within a business. We assess the governing documents, the parties' roles and the conduct at issue, including whether the company and individual owners have different interests.
Business fraud and misrepresentation
Allegations that a business or owner made deceptive statements, concealed information or caused losses in a commercial transaction. We evaluate the specific representations alleged, the available documents, the claimed reliance and loss, and how the allegations relate to the underlying business agreement.
Commercial property, lease and construction claims
Disputes involving purchase agreements, commercial leases, project performance, payment and alleged construction defects. The defense may require a detailed account of the transaction or project, the contractual allocation of responsibility and the evidence supporting the requested relief.
Financial and investment-related disputes
Commercial claims involving lending relationships, financial transactions or investments, including lender-liability and securities matters within the firm's practice. We evaluate the governing documents, transaction history, communications and applicable claims or defenses. Potential representation is assessed for conflicts at the outset.
Counterclaims and requests for urgent relief
Evaluating whether the business has related claims of its own and responding to requests for temporary restraining orders or injunctions. We consider the procedural posture, evidentiary record and immediate effect of the requested order while developing the broader litigation strategy.
A defense built around the record and business objective
The first response is one part of the case. We evaluate the legal sufficiency of the claims, the agreements and business records, potential defenses and counterclaims, and the information needed to assess exposure. The initial work also addresses relevant documents and communications that should be preserved.
As the matter develops, we connect discovery, motions, settlement discussions and trial preparation to the client's objectives. A proposed resolution should be evaluated against the evidence, the cost of continued litigation and the effect on the business. If an agreement requires arbitration, our commercial arbitration practice can assess the appropriate forum and related court issues.
Business litigation experience at MJB Law
Matthew Bialick handles commercial and financial disputes. James Magnuson represents businesses in contract, ownership, construction and commercial property matters. Kyle Bear handles business litigation, commercial lease disputes and civil securities matters. When bankruptcy issues affect a dispute, Karl Johnson brings the firm's bankruptcy and restructuring experience.
James's representation of Chadco of Duluth illustrates the firm's work defending a business's position in contested litigation. In First & First, LLC v. Chadco of Duluth, LLC, the Minnesota Court of Appeals affirmed denial of the purchaser's request for a temporary injunction blocking cancellation of a commercial property purchase agreement. The published decision addressed the showing required for temporary relief.
The appropriate defense depends on the particular claims, documents, evidence and procedural posture. We discuss those factors when evaluating a proposed engagement.
Minnesota defense counsel for out-of-state businesses
Being based outside Minnesota does not eliminate the need to address a Minnesota lawsuit. MJB can evaluate direct representation or work alongside the company's existing lawyers, including assessment of jurisdiction, service, the requested relief and the appropriate response.
Our Minnesota local counsel practice handles litigation in Minnesota state courts and, where federal jurisdiction exists, the U.S. District Court for the District of Minnesota. We can coordinate a defined role with an in-house legal department or out-of-state law firm.
For companies that also want continuing advice beyond the lawsuit, the firm provides outside general counsel services. An ongoing counsel relationship is not a prerequisite to retaining MJB for a particular dispute.
Questions about defending a business lawsuit
How long does a business have to respond to a lawsuit in Minnesota?
For many Minnesota district court civil actions, Minnesota Rule of Civil Procedure 12.01 sets a 21-day period after service of the summons. In federal court, Federal Rule of Civil Procedure 12(a) generally sets 21 days after service of the summons and complaint.
Special procedures, waivers of service, motions and court orders can change the applicable deadline. Have counsel evaluate the actual documents and service history promptly, especially if the papers include a hearing date or request for emergency relief.
Can I represent my corporation or LLC in court myself?
A nonlawyer owner generally cannot represent a corporation or LLC in an ordinary Minnesota district court civil action. The Minnesota Judicial Branch's civil-action guidance explains the attorney-representation requirement, and the committee comment to Minnesota General Rule of Practice 523 addresses corporations appearing in district court.
Different rules apply in conciliation court under Minnesota General Rule of Practice 512(d), and certain housing proceedings have exceptions. In federal court, corporations and other artificial entities generally must appear through licensed counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201–02 (1993).
Our company already has an attorney in another state. Can MJB work with them?
Yes. We can discuss a defined role alongside the company's existing counsel or direct responsibility for the Minnesota case. Our Minnesota local counsel practice addresses state and federal litigation, including coordination over appearances, filings, hearings and case strategy. Identify the court, the existing lawyers and any approaching deadline when contacting the firm.
Do we still need to respond if the allegations are wrong?
Yes. Disputing the allegations does not by itself stop the response deadline. Depending on the case, the appropriate response may involve an answer, a motion or another procedural step. Failing to respond can expose the business to a default judgment even when it believes it has a defense. The Minnesota Judicial Branch's civil-action guidance explains the consequences of not answering.
What if our agreement says disputes must be arbitrated?
An arbitration provision may affect where the dispute should proceed, but the agreement and procedural posture need to be evaluated. Do not assume that the provision makes court papers irrelevant. MJB's commercial arbitration practice can assess the clause, the claims and any request to compel or stay arbitration.
What should we provide when contacting the firm about a business lawsuit?
Start with the parties' names, the court, when and how the papers were received, and any stated response or hearing deadline. The summons, complaint, court orders, governing agreements and key communications are usually important. Identify any existing lawyers or insurer involved. First arrange a conflict check and an appropriate method for sharing confidential materials.
Discuss a lawsuit against your business
Contact MJB Law about defending a commercial lawsuit, evaluating a threatened claim or coordinating Minnesota litigation with existing counsel. Identify the parties, the court, the date the papers were received and any approaching deadline.
Please provide only basic information initially. After checking for conflicts, the firm can arrange an appropriate method for reviewing the relevant documents.