Our Birmingham lawyers at Fischer & Associates, LLC handle a wide range of business and commercial litigation matters. We take a unique approach in how we handle these complex cases. Our team is flexible in our representation, and we always strive to tailor our strategies to the unique and individual needs of each and every one of our clients.
Contact us at (205) 598-2531 for the skilled and reliable legal counsel you need.
Contingent Fee Arrangement for Corporate Clients
Fischer & Associates, LLC has experience forming a legal team – on a contingency fee basis – to work in conjunction with other firms that handle other parts of complex matters on a billable hour basis. This has proven in past representations to be the best approach to protect companies and their rights without committing large sums of money to litigation up front.
We have achieved success in shareholder derivative litigation, and cases that involve trade secret violations, litigation between franchisees, fraud, a wide array of business torts, price fixing, and other business litigation matters. We have been successful in representing business owners and government agencies in complex business litigation. Our team at Fischer & Associates, LLC recently concluded longstanding litigation brought on behalf of the Commissioner for the Department of Commerce and Insurance for the state of Tennessee in her role as Receiver for three Risk Retention Groups in Liquidation. Our founder, Erby Fischer, was responsible for prosecuting third-party liability claims on behalf of each of the Receiverships. Ultimately, the success of that litigation provided complete relief to all creditors entitled to take from the Receivership Estates.
Breach of Contract, Business Torts, & Complex Litigation
Many commercial disputes involve breach of contract claims, including collection issues. However, when one business enterprise intentionally harms another commercial venture, then both Alabama law and federal statutes exist to correct that wrong. These causes of action seek monetary awards that can involve substantial punitive damages in some cases, and are based upon circumstances that include:
- Accounting Fraud
- Bad Faith – Insurance Litigation
- Bank of America Loan Modification
- Business Fraud
- Class Actions
- Copyright, Trademark, or Service Mark Infringement
- Disparagement or Defamation (Libel or Slander of a Business)
- Fair Labor Standards Act
- Franchisee Claims
- Insurance Actions
- Intellectual Property Theft
- Interference with Business Relationships
- Interference with Business Contracts
- Minority Shareholder Oppression / Squeeze Out Claims
- Predatory Pricing (Including Price-Fixing)
- Private Investment Claims
- Reinsurance Matters
- Securities Claims
- Shareholder Derivative Claims
- Theft of Trade Secrets
- Trade Secrets
- Unfair Competition (Antitrust)
Bad Faith – Insurance Litigation
Although most insurance companies try to deal with the insured in a fair manner, this is not always the case. Unfortunately, some insurance companies act in ways that are simply unfair, and sometimes unethical, in their negotiations about insurance policy proceeds and how much the insurance company should pay its insured for a claim covered under the contract of insurance. This area of law is often referred to as an insurance company’s “bad faith failure to pay a claim.” Our Birmingham personal injury lawyers at Fischer & Associates, LLC have seen these improper activities all too often, particularly when large claim amounts and significant monetary damages are involved.
On many occasions, our injury lawyers have not only helped clients in the aftermath of their car accident, but we have also helped victims sue the insurance company for its own bad faith in settlement talks on legitimate claims. Bad faith lawsuits are complex and generally involve claims based upon both contract and tort law. Damages can derive from both the insurance contract itself and tort law in Alabama, which affords punitive damages against the insurance company.
Insurance policies are contracts between the insured and the insurance company to protect the insured against all kinds of harm. When an insurance company refuses to pay its own insured for a legitimate claim made under the provisions of the policy, the insured may have to file suit against the company for bad-faith. These kinds of lawsuits are referred to as first-party bad faith claims. There are life insurance policies, disability policies, homeowner’s policies, car insurance policies, dental insurance policies, long term health care policies, fire policies, travel policies, commercial general liability policies, error and omission policies, professional malpractice coverage, and annuities. Today, if you can think of a risk, an insurance carrier can be found to insure against it.
Implicit within each of these agreements is the understanding that should the risk occur, the insurance company will act in the utmost good faith to perform pursuant to the contract. The company is understood to pay claims and provide fair insurance settlements. Unfortunately, insurance carriers are for-profit corporations and all too often, their interest in maximizing profits will conflict with honoring their obligation to pay in good faith upon a legitimate claim. Additionally, a lot of insurance plans are misrepresented to consumers and businesses as investments.
Birmingham Business Litigation Attorneys – (205) 598-2531
Fischer & Associates, LLC handles commercial claims of all kinds. We have successfully recovered millions of dollars in punitive and compensatory damages for ordinary people victimized by an insurance company’s bad faith failure to pay legitimate claims. We have successfully prosecuted cases against insurance and annuity companies for misrepresenting insurance products as investment products.
We are ready to discuss your business or commercial litigation claim with you. Call (205) 598-2531 to schedule your complimentary evaluation.