Litigation

William D. Dowling, Practice Group Chair

The Litigation Group is a multi-state practice with resources to service the needs of an individual to the needs of a large corporation. Buckingham, Doolittle & Burroughs is committed to its clients. As such, we service individual needs in a variety of matters, including personal injury, wrongful death, civil defense, divorce/dissolutions, custody matters, and criminal defense, including government investigations. Our commercial clients include many large and small businesses located primarily in Ohio as well as in other states, such as financial institutions, manufacturers, sales organizations, construction companies, schools and public institutions. When litigation is necessary we assist our other practice areas in serving the client's litigation needs.

Our services include advising, litigation, appellate practice, drafting and transactional matters.

The members of the Litigation Law Group also work with all Buckingham’s other practice groups.

Litigation Information | Talking With Your Lawyer (Litigation Lingo)

Litigation Information:
According to the National Center for State Courts, the number of lawsuits filed in state courts in 1998 was 91,486,547.

Buckingham, Doolittle & Burroughs Lawyers are licensed to practice in the following states:

Ohio Florida New York California Kentucky South Dakota West Virginia

Pennsylvania District of Columbia Alabama New Jersey Connecticut Wisconsin

Buckingham, Doolittle & Burroughs lawyers are admitted to practice in the following federal courts:

United States Supreme Court United States Court of Appeals Third Circuit Sixth Circuit Eighth Circuit Tenth Circuit Eleventh Circuit Fifth Circuit D.C. Circuit Federal Circuit

United States District Court Northern District of Ohio Southern District of Ohio Western District of Kentucky Central District of Illinois Middle District of Florida Southern District of Florida Middle District of Alabama Northern District of Alabama District of New Jersey District Court of Connecticut District of Columbia United States Tax Court United States Court of International Trade United States Court of Claims United States Patent and Trademark Court United States Court of Military Appeals

Talking With Your Lawyer (Litigation Lingo)
Civil Lawsuit — A civil lawsuit occurs between individuals, corporations, or political subdivisions and officeholders. The Plaintiff initiates the action in the appropriate court by filing a complaint. The Defendant must then file an Answer within a specified time established by Rules of Procedure. In a civil action, the plaintiff can seek monetary relief or declaratory relief.

Federal Litigation — Litigation at the federal level occurs one of two ways: 1) between individuals of different states when the controversy exceeds $75,000; or 2) cases involving a federal question or statute, or one in which there is original federal jurisdiction.

Common Pleas Court — A court at the state level with no jurisdictional minimum or maximum. The common pleas court commonly includes a general division, probate division, a juvenile division, and domestic relations division. Criminal cases heard at the common pleas level includes felonies or crimes punishable by more than one year imprisonment.

Municipal Court — In Ohio, only civil cases which do not exceed $15,000 can be filed in Municipal Court. Municipal courts include small claims court, traffic court, and a housing division and environmental division. Criminal cases filed in municipal court only involve misdemeanors or crimes punishable by less than one year imprisonment.

Small Claims Court — In Ohio, this division of the Municipal Court which has a monetary limit of $3,000.

Appellate Court — Appellate courts exist on the federal and state level. The intermediary state appellate courts hear cases from either common pleas court or municipal court -- what are called "record courts." The highest appellate court at the state level is that state''s supreme court (except New York, which calls its highest court "the Court of Appeals"). Cases which are heard by a state supreme court can be appealed to the United States Supreme Court.

At the federal level, cases heard by the district court are appealed a circuit court of appeals, which is determined geographically. Cases heard by the circuit courts can be appealed to the United States Supreme Court.

Criminal Prosecution — An action filed by either the United States, state, or municipality against an individual for an alleged crime committed. Each defendant is presumed innocent until proven guilty which places the burden of proof on the federal, state or city prosecutor.

Bench Trial — A case tried to a judge is called a bench trial. In that instance, the judge will issue the decision rather than a jury.