My business merged with another business in 2010.There were crimes committed, I represented my self in court as a plaintiff and settled with...

Question

My business merged with another business in 2010.

There were crimes committed, I represented my self in court as a plaintiff and settled with the defendants.

My business was never a part of the complaint, I was.

My questions is:

Can my company litigate against the defendants, with the same causes of action as the first case, since the company was never a part of the first case and its settlement agreement?

Answer

Your question is a little vague and more facts would be needed to give you a definitive answer. Here is some general information:

Generally, if the business were a corporation or some other "stand alone" entity, it may have the right to bring a separate suit incorporating the same causes of action. The defendants would probably claim that the company is your alter-ego and is therefore estopped from raising the issues again. Whether they succeed depends on the facts and circumstances of your business.

Another consideration is the statute of limitations for the causes of action you wish to bring. It is possible that too much time has passed to bring a complaint for something that happened in 2010.

Also, you say that the company was not part of the settlement agreement, but it is possible that the company's right to sue was waived as part of that agreement. Again, without seeing the agreement and the original pleadings, it would be impossible to answer your question with any certainty.

Before you take any legal action, you should consult with an attorney who practices in the area of law that your case concerns. He/she would be able to review your documents and tell you whether you have a case.