Business Dispute Law Firm

Wichita Falls Business Dispute Lawyers

The Texas Business Litigation Attorneys of Banner, Briley & White

If a business partner or vendor has reneged on a commitment and cost you a substantial sum of money, or if a competitor has appropriated your intellectual property, you have a business dispute on your hands.

Can a positive outcome be negotiated? Or is the last resort of commercial litigation a foregone conclusion?

In Wichita Falls and throughout north Texas and Oklahoma, the lawyers who can generate a practical, lasting solution to your contract dispute — so you can return to the smooth operation of your business — are Banner, Briley & White.

Our firm resolves commercial disputes and represents both individuals and businesses in various types of business litigation. Our practice is centered in north-central Texas, but we can and do handle matters in other parts of the country as well.

Let’s sit down and discuss how we can help you. Contact our Banner, Briley & White law offices at 866-492-9554, toll free.

Skillful Negotiation, Aggressive Litigation That Protects Your Rights

Commercial disputes or business torts arise in a wide range of circumstances, including:

  • Interference in a business relationship
  • Partnership disputes
  • Wrongful freeze-outs
  • Breach of contract
  • Breach of fiduciary duty
  • Breach of contract for shareholder and employment agreements, real estate and construction contracts, insurance policies, bankruptcy proceedings, warranty claims
  • Infringement of copyright, patent, trademark, trade secret and intellectual property
  • Business fraud

People and businesses enter into contracts every day and the breach of an important contract can have a significant impact on a company’s business objectives. Banner, Briley & White attorneys help companies involved in contract disputes assess their options and make decisions consistent with their goals. We have dealt with contract litigation in a broad spectrum of transactions and businesses

Probate Litigation

Wichita Falls Probate Litigation Lawyers

Texas Will Contest Attorneys Protect Your Rights in Probate Litigation

Has a sudden will contest, proof of heirs dispute, breach of fiduciary duty, quarrel about descent distribution or disagreement over undue influence divided your Texas family, and turned an otherwise routine estate administration into a probate litigation battleground?

The skilled probate lawyers who can step in and restore order to your family’s estate administration or probate proceedings are in Wichita Falls: Banner, Briley & White.

Our attorneys handle all types of probate litigation, filing lawsuits and defending against challenges for clients in the Wichita Falls area and throughout the north Texas region. We have also represented individuals in circumstances where there is no will, or a mysterious last-minute change to a will, and a dispute arises as to whether a person laying a claim to an inheritance is actually a family member.

Our experience in handling difficult probate disputes allows us to balance the importance of privacy and discretion against the need to resort to the very public nature of court proceedings.

Contact us to discuss your probate matter with a Banner, Briley & White lawyer, free of charge.

“If you consistently do the right thing, for the right reasons, good things will happen to you.” — Jack Banner, 1927-2005

Probate Litigation

Decades of Experience in Wichita Falls, Throughout Texas and in Oklahoma

Probate is the legal process by which a person’s debts are paid and assets are distributed upon her or his death. As straightforward as that sounds, family members often find themselves in disagreement over the interpretation, administration and management of estates and trusts.

In addition to disputes between family members and other beneficiaries, probate litigation frequently involves personal representatives of estates who are thought to be lying, cheating or stealing from the estate — behavior known in legal terms as breach of fiduciary duty.

As attorneys who welcome every opportunity to pursue justice for our clients, we can work with executors, trustees, beneficiaries and personal representatives toward the most positive possible outcome. Individuals, families and business owners in north Texas know they can trust us to “do the right thing” for their futures.

Res Ipsa Loquitur

Res Ipsa Loquitur

Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company. Thus, only with the assistance of an experienced medical malpractice attorney can a plaintiff be ensured of obtaining all of the relevant evidence and proving all of the requisite elements that will help the plaintiff recover his or her damages.

Proving malpractice is also difficult because the defendants are often the ones who write the medical reports that often form the basis of the suit. Since they are often the only ones who are present and know what really occurred when the negligence happened, and they choose how to describe the event, records are often not descriptive of what truly happened. In addition, some health care providers may frame their reports so as to protect someone guilty of misconduct.

Res Ipsa

Fortunately, the law also recognizes that plaintiffs face certain difficulties in proving medical negligence, due in no small part to the fact that they are often not conscious when the negligence occurs. If a patient injured as the result of a medical procedure does not know exactly what caused his or her injury, but it is the type of injury that would not have occurred without negligence on the part of his or her health care provider(s), he or she may invoke a legal doctrine known as “res ipsa loquitur.” Translated, this Latin phrase means “the thing speaks for itself,” and implies that the plaintiff need only show that a particular result occurred and would not have occurred but for someone’s negligence.

To invoke this doctrine successfully, a plaintiff has to show that:

  • Evidence of the actual cause of the injury is not obtainable;
  • The injury is not the kind that ordinarily occurs in the absence of negligence by someone;
  • The plaintiff was not responsible for his or her own injury;
  • The defendant, or its employees or agents, had exclusive control of the instrumentality that caused the injury; and
  • The injury could not have been caused by any instrumentality other than that over which the defendant had control.

Res Ipsa

Once this doctrine is successfully invoked, the burden is not on the plaintiff to show how the defendant was negligent, but on the defendant to show that he or she was not negligent. A classic example of the type of case in which this doctrine arises is where a sponge or other medical instrument is left inside a person following surgery. Typically, a medical report will not state “Dr. Smith left forceps in patient’s abdomen,” and there may be no recorded proof of how or why the negligence occurred. Yet clearly, a surgical instrument would not be left in a patient in the absence of someone’s negligence. Also, an unconscious patient certainly cannot be deemed responsible for this type of injury, and it would have been the operating physician and staff who had exclusive control over the surgical tools.

Thus, the burden falls not on the patient to prove who left the surgical instrument inside him or her, but on the individual health care providers to try to establish that it was not their negligence that resulted in the injury. If an attending physician, who is an independent contractor rather than an employee of a hospital, can demonstrate that he left the operating room and instructed a nurse, who was a hospital employee, to remove and account for all surgical instruments before the patient was closed, the hospital might be held liable for the negligence of its employee. In any event, the co-defendants rather than the plaintiff do the bulk of the investigation and finger-pointing, which is quite appropriate given the circumstances.