Category: Litigation

By Attorney Lei Jiang, Lei Jiang LLC.

If you are thinking about filing a lawsuit, one of the first questions is where to file: state court or federal court. The answer matters, because the two systems differ in who can hear your case, who the judge is, and how the case moves.

State courts have general jurisdiction — they can hear almost any kind of case. Federal courts are courts of limited jurisdiction. Your case belongs in federal court only if it qualifies, mainly in two ways: it raises a question of federal law, such as a patent or civil rights claim, or the parties are from different states and more than $75,000 is at stake (28 U.S.C. §§ 1331, 1332). Some cases, like bankruptcy and patent cases, can only be filed in federal court.

The judge is different too. Federal judges are appointed by the President, confirmed by the Senate, and serve for life. Ohio state judges are elected by voters to six-year terms. The rules also differ: federal cases follow the Federal Rules of Civil Procedure, which tend to have stricter scheduling and deadlines than Ohio’s rules.

One more practical point: even if you file in state court, the other side may move your case to federal court. If the case qualifies for federal jurisdiction, the defendant may be able to remove it within 30 days after being served (28 U.S.C. §§ 1441, 1446). So the choice of court is not always yours alone.

For businesses, this choice often decides the case’s center of gravity. Complex commercial, intellectual property, and multi-state disputes are commonly litigated in federal court, where scheduling is stricter and mistakes are less forgiving — which is why companies plan the forum question before filing, not after.

The key point: where you file affects the procedure, the judge, and the pace of your case — and the other side may change it. Before filing, talk to a lawyer experienced in both systems, especially in federal court, where the rules are less forgiving of mistakes.

Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation

This article is general information, not legal advice for your situation.

By Attorney Lei Jiang, Lei Jiang LLC.

A deposition is sworn testimony outside the courtroom. The other side’s lawyer asks you questions under oath, a court reporter records everything, and your attorney sits beside you. It usually takes place in a conference room, not a courtroom — but what you say carries the same weight as testimony at trial.

Here is what to expect. You will be sworn in, then answer questions about what happened, often with documents put in front of you. The other lawyer is looking for facts, admissions, and inconsistencies — not a conversation. Your answers become a transcript the other side can use later, including at trial.

Preparation with your attorney is what makes a deposition go well. Before the day, meet with your attorney and review the key documents so nothing surprises you. Dress as you would for court, arrive early, and bring nothing you have not reviewed with your attorney. During the deposition, tell the truth, and if you do not know something, say “I don’t know” — guessing hurts far more than a gap. Give short, direct answers, and do not volunteer extra information the question did not ask for. If a question is unclear, say so and ask for it to be repeated. You can ask for a break when you need one. And do not argue with the other lawyer — that is your attorney’s job.

The same preparation matters even more when a business is involved. Executives, managers, and company representatives are deposed about decisions, documents, and company practices — and one unprepared witness can hurt the company’s entire case. If your company faces a deposition, prepare each witness with counsel, not just the person named in the notice.

The practical takeaway: never walk into a deposition unprepared. Prepare with your attorney first, answer only what is asked, and let your attorney handle the fight.

Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation

This article is general information, not legal advice for your situation.

By Attorney Lei Jiang, Lei Jiang LLC.

If you are served with a summons and complaint in Ohio, you have 28 days to serve your answer (Ohio Civ.R. 12(A)(1)). That clock starts when you are served, and it does not pause because you are busy, out of town, or hoping the case goes away. If you miss it, the plaintiff can ask the court for a default judgment — the summons itself warns that failure to answer means judgment for the relief demanded.

First, read the summons carefully: it names the court, the plaintiff, and what the plaintiff is asking for. Put the deadline on your calendar the day you receive it, and count forward 28 days from service. Second, do not ignore the papers, and do not argue with the plaintiff’s lawyer or admit anything in writing before you have counsel — anything you say can be used in the case. Third, contact an attorney right away. Early advice can change the outcome: there may be defenses, a counterclaim, or a settlement that costs far less than a judgment. Also, keep the envelope the papers came in — the service date on it can matter for counting the 28 days.

The same 28 days apply when a business is sued. If your company is served, preserve all related documents and emails at once, notify your insurer promptly, and tell employees not to discuss the case outside the company. A company’s early missteps — deleted records, an offhand admission — can cost far more than the claim itself.

The practical takeaway: 28 days, starting at service, and a missed deadline can mean losing by default. Contact an attorney the day you are served, not the week the deadline runs out.

Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation

This article is general information, not legal advice for your situation.

By Attorney Lei Jiang, Lei Jiang LLC.

Neither panic nor ignore it. A demand letter is not a lawsuit — it is a warning that one may come — but the deadline in it is real, and ignoring it is the one move that reliably makes things worse.

First, read it for three things: who claims what, how much they want, and the deadline to respond. Put that deadline on your calendar the day the letter arrives. Second, do not put anything in writing that admits fault or agrees to pay before you understand the claim — a hasty apology or a partial payment can be used against you later. Third, reply in writing before the deadline, even if only to say you received the letter and are reviewing it with counsel. If you do not already have an attorney, contact one promptly — before you reply to the substance of the claim. Silence reads as indifference and invites a filing. Keep the letter, the envelope, and everything related to the dispute.

When a demand letter arrives at a business, route it to counsel at once and preserve all related records. An employee’s well-meaning reply can bind the company or concede facts the company would dispute — no one should answer for the company without counsel’s review.

The practical takeaway: deadline first, nothing in writing that concedes the claim, and contact an attorney before the clock runs out — a short, timely reply often prevents a lawsuit. If the deadline is only days away, or has already passed, say so in your reply and ask for a short extension in writing. And do not ignore a letter just because you believe the claim is wrong — being right is a defense to raise, not a reason to stay silent.

Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation

This article is general information, not legal advice for your situation.

By Attorney Lei Jiang, Lei Jiang LLC.

If a customer or vendor broke a written contract with your business, you can pursue the money you lost because of that breach — but only if you can prove it. Start by saving the contract and every related message, then write down exactly what the breach cost you. A clear written demand often resolves the dispute without a lawsuit, and it creates a record if you do need to sue.

First, preserve the proof. Keep the signed contract, any changes to it, invoices, payment records, emails, and text messages. Do not delete messages or rewrite records after the fact; courts and the other side will look closely at what was actually said and agreed.

Second, document your losses as they happen. Note the amount you were not paid, the extra cost of finding a replacement vendor or customer, and any work you had to redo. Keep receipts, replacement quotes, and a short dated log of what happened and when. Vague estimates are hard to recover; specific records are not.

Third, send a demand in writing. State what the contract required, what was not done, how much you are claiming, and a reasonable deadline to pay or fix the problem. Keep a copy. Many businesses settle at this stage once they see a documented claim.

Watch the deadline. In Ohio, a lawsuit on a written contract must generally be brought within six years after the claim arises, under Ohio Revised Code 2305.06. That period was shortened from eight years to six years effective June 16, 2021. Do not wait until the deadline is near — evidence fades, and older claims are harder to prove.

Practical takeaway: save the contract, track every dollar the breach cost you, and put your demand in writing early.

Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation

This article is general information only and is not legal advice.