Claims, Damages, and Remedies

This article addresses the common sources of internal church disputes and discusses how churches, ministers, denominations, and other players can identify potential areas of controversy, prevent litigation, and help ensure favorable outcomes if litigation does arise. First, we discuss the concept of church polity as a framework for understanding issues associated with litigation. Next we cover how the governing documents of a church are often critical to both creating and resolving legal disputes. Third, we discuss church litigation resulting from church property disputes and how to prevent and prepare for such controversies. Fourth, we focus on avoiding legal trouble related to defamation and other claims resulting from church discipline. Fifth, we discuss constitutional principles that restrict courts from deciding certain church disputes. Finally, we explore practical steps that church leaders can take to prevent conflicts and keep them out of court.

A recent U.S. Supreme Court decision could have significant liability implications for organizations that do business in multiple states and they may need to consider ways to reduce liability.

Non-disclosure agreements are controversial in the context of abuse and misconduct claims. This article discusses the pros and cons of NDAs and considerations about implementing them.

States are passing law addressing confidentiality provisions in employment agreements. What are the pros and cons of nondisclosure agreements also known as NDAs?

In Title VII lawsuits, employers must raise a defense of failure to exhaust administrative remedies in a timely manner (did the employee follow the process?), or their defense can be waived.

Being sued can be the “worst nightmare” situation for a business. This post discusses practical ways to respond to threats of a lawsuit.

Learn more about the intersection of the Colorado Civil Rules of Procedure and the Colorado Construction Defect Action Reform Act in this post on Curry v. Zag Built LLC.

When does a former employee’s social media activity become a breach of contract? Learn more about what courts across the country have to say about non-solicitation contracts in the digital age.

Can posting allegations of child sexual abuse on social media lead to a successful defamation lawsuit by the accused? A recent case from Texas answers yes.

What can a small business do if someone breaches a contract? Learn more about the basics of breach-of-contract remedies in this post.