CIVIL LITIGATION PRACTICE
Civil Litigation is a broad term that generally refers to a legal dispute between two or more parties where money damages and/or equitable remedies are sought by one party against another. Not all civil litigation matters necessarily require judicial intervention and disputes are often times resolved informally through negotiation or mediation. From case onset through discovery and trial, Mr. Kiviat brings with him a keen ability to recognize and account for critical issues before they develop. Combined with a practical understanding of the technical and legal issues that encompass the areas within which he practices, Mr. Kiviat is well positioned to champion his client's interests with dynamic legal solutions that will provide the best stategy for success.
Mr. Kiviat represented the late Jerry Heller, the former manager of the musical group N.W.A. ("Straight Outta Compton") and Eric "Eazy E" Wright, in litigation filed against Eazy E's estate and his record label, Ruthless Records.
Mr. Kiviat represented a national industrial machinery company in an action against a private security company to recover damages for the theft of over $1,000,000 in hydraulic equipment from a private storage facility.
Mr. Kiviat represented a creditor of a fabric manufacturer in an adversarial proceeding in United States Bankruptcy Court wherein it was alleged that the manufacturer's debt to Mr. Kiviat's client was the result of fraud, and therefore not subject to discharge by the Bankruptcy Court.
Mr. Kiviat represented the owners of several large multi-family apartment buildings in a commercial claim brought by a national laundry machine vendor seeking to set aside a competitor's contract with Mr. Kiviat's clients relating to the placement of coin operated laundry machines.
Mr. Kiviat represented the defendant in a partnership dispute wherein the client's partner sought to enjoin Mr. Kiviat's client from participating in the operations of their industrial lighting manufacturing business.
Mr. Kiviat represented a hospitality franchisee in an action brought by a national hospitality franchisor seeking to revoke the client's franchise and recover allegedly unpaid royalties.
Mr. Kiviat represented a pay per view movie rental company in an action brought by a competitor seeking to invalidate the client's hotel placement contracts for pay per view move rental systems.
Mr. Kiviat represented the plaintiff in a medical malpractice case relating to the defendant's original misdiagnosis of kidney dysfunction. Contrary to the doctor's original diagnosis, the client did not have asthma and the medication prescribed to treat the misdiagnosed condition caused total kidney failure.