Attorneys from the Pursley Law Firm recently reached a settlement for a national commercial client in a breach of contract dispute. An out of court settlement negotiated by Pursley recovered 95% of the client's damages.
Online PR News – 07-May-2009 – – HOUSTON, TX -- Pursley Law Firm PLLC recently represented a large commercial client with national business interests and operations. The law firm negotiated two legal concerns: a complex Breach of contract claim on behalf of the commercial client, and an intellectual property issue. Pursley's lawyers were able to settle for the company in pre-litigation, obtaining favorable terms with over 95% of damages recovered.
The case began as a pure breach of contract claim. Pursley, a law firm with a specialized breach of contract lawyer team, was retained to represent the party injured by the breached contract. It was clear that the case would involve the Uniform Commercial Code rather than state common law. The Uniform Commercial Code is a set of laws adopted by many states to govern contracts where the primary objective is the transfer of goods. The commercial client, whose business focuses on goods transfer, was expected to fall under UCC laws.
However, the case was far from simple. There were many complex legal issues raised with the Uniform Commercial Code, and Pursley had to sort through them in the process of preparing the materials for trial. During the legal research phase, the Pursley breach of contract attorney team discovered another aspect to the case. There were important intellectual property implications raised by the situation, which ultimately became a key factor in the out of court resolution.
With the addition of the intellectual property component, the multiparty suit became more likely to settle out of court. The new information helped change the legal landscape of the case, and ultimately an out of court settlement was reached. Pursley's breach of contract attorneys were able to recover 95% of damages for the client without going to trial.
"Breach of contract can be a horrible and damaging experience, and we are happy that our client was able to recover such a large percentage of what they lost," says Jack Pursley, Firm Manager of Pursley Law Firm PLLC.
The out of court settlement represents an important moment in Uniform Commercial Code litigation. The UCC is law in most states, but some still use common law for the majority of contract disputes, relying on judicial precedent for resolution. Although common law provides states with a great deal of individual power, it poses problems of uniformity: code in Texas is not guaranteed to be similar to code in Maine, or in any other state. Only once the Uniform Commercial Code is adopted can some degree of similarity be guaranteed.
Because of this discrepancy, a breach of contract lawyer needs to be well versed in the law of the Uniform Commercial Code, but also have a good understanding of the common law issues raised by the case he or she is researching. This fact is made all the more complicated by the issue of jurisdiction: breach of contract cases are usually tried where the contract was created, not where the parties are headquartered or where the main business transactions are conducted. In Pursley's case, these issues complicated the legal research, but a settlement was still reached.
About Pursley Law Firm PLLC: Pursley Law Firm is a law firm specializing in business litigations needs, including breach of contract disputes. Pursley's services are available to businesses throughout Texas.