Litigation

“Nothing is to be preferred before justice.” – Socrates

Commercial

Brenner Kaprosy Mitchell, L.L.P. attorneys have considerable experience in a wide range of general and complex commercial litigation.  We assist both plaintiffs and defendants in litigation involving commercial transactions including contractual arrangements, employment agreements, partnership dissolutions, financing agreements, statutory causes of action and commercial torts.

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Construction

Our attorneys can assist clients in an array of construction-related disputes including roof failure, fire, building collapse, claims of construction defect, cost overruns, breach of contract, etc.  We represent homeowners and home builders in residential and commercial cases, as well as property owners, contractors and subcontractors in construction lien law matters, including the preparation of documents necessary to file a lien and pursue a lien foreclosure lawsuit.

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Contract Litigation

Our attorneys represent businesses and individual clients on a broad range of contractual and quasi-contractual disputes, including breach of sales and vendor agreements, agency agreements, interference with contracts or business relationship and disputes involving the breach and enforcement of franchise agreements and interests.  We represent both plaintiffs and defendants and handle all phases of the litigation from pre-suit settlement negotiations, including mediation and arbitration, to contract interpretation through filing a lawsuit and proceeding to final judgment.

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Creditors’ Rights/Bankruptcy

Brenner Kaprosy Mitchell, L.L.P. offers representation to all participants in the bankruptcy/workout process including creditors, creditor committees, trustees, receivers and corporate debtors. Our practice history includes creditors’ rights, workouts and insolvency and provides direction throughout the changing needs of lenders and creditors.  This practice area encompasses a full spectrum of representation aimed at protecting and enforcing creditors’ interests in bankruptcy and non-bankruptcy workouts across the United States.  Our practiced attorneys include T. David Mitchell, who has frequently contributed to Northcoast Pipeline, the newsletter of the Commercial and Bankruptcy Law Section of the Cleveland Bar Association.

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Eminent Domain

Our attorneys handle all facets of eminent domain and condemnation actions from property valuation through settlement.  We have handled numerous eminent domain and condemnation matters throughout Ohio for individuals and businesses by defending property rights against various governmental entities. We have access to skilled professionals who evaluate all damages incurred by the taking of property, including business damages.  We have also represented private entities for which the law provides a private right of appropriation.

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Labor and Employment Law

Brenner Kaprosy Mitchell, L.L.P. attorneys represent various employment law matters, with an eye towards proactive measures designed to reduce the potential for litigation against our clients.  Our experience includes representation of management and employees with respect to restrictive covenants, personnel policies and discrimination of all protected classes, including age discrimination, race discrimination, disability discrimination, gender discrimination, religious discrimination and sexual harassment.

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Municipal Law

Brenner Kaprosy Mitchell, L.L.P., through an “of counsel” relationship with selected area attorneys, provide representation to various municipalities in the greater Cleveland area.  We can also handle a full range of procedural and substantive issues that arise between clients and city, county, regional, state or federal governmental entities and agencies, including regulatory matters, rulemaking, permitting, negotiations, administrative litigation and compliance and enforcement issues and proceedings.

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Real Property Litigation

The attorneys of Brenner Kaprosy Mitchell, L.L.P. represent property owners involved in a broad spectrum of real property disputes and litigation, including enforcement of contracts for the sale and purchase of real property, mortgage foreclosure, zoning and code enforcement disputes, quiet title and reformation actions and enforcement of restrictive covenants involving homeowners and condominium associations. We have experience in property insurance coverage matters involving private claims adjustment, substantive property rights and valuations related to building leases, tenant improvements, rental value, financing and other contractual interests. We also represent joint owners of real property in partition actions and distribution of rents received from real property.

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Zoning/Land Use Litigation

Brenner Kaprosy Mitchell, L.L.P. attorneys have represented numerous property owners, individuals and developers in litigation involving zoning, land use decisions and other regulatory disputes. We counsel our clients on their rights and the prospects of appeal of governmental actions and aggressively pursue the protection of property rights for clients who wish to litigate zoning, land use and other governmental regulatory actions.

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Brenner Kaprosy Mitchell, L.L.P.