Commercial Litigation

A broad portfolio of commercial claims

Featured Case
    • Nationwide class action against Navient

    In a case spanning several states, Jones Swanson helped secure a settlement for students defrauded by the giant loan servicer Navient.

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Jones Swanson represents clients in a wide variety of claims ranging from fraud to breach of contract to unfair trade practices, as well as complex cases involving more than one area of law or type of commercial dispute.

The firm’s commercial litigation successes include a case on behalf of a small Louisiana company against the technology giant Dell, a case on behalf of the City of New Orleans against the world’s biggest banking conglomerate, Paine Webber/UBS, and a number of cases resulting from the 2010 Deepwater Horizon disaster and resulting oil spill in the Gulf of Mexico.

Jones Swanson currently represents student borrowers in a national class action against Navient Solutions, the country’s largest servicer of student loans.

KEY AREAS

  • Antitrust: Can include price-fixing, price discrimination, bid-rigging, tying, refusals to deal, vertical trade restraints, monopolization, and unfair competition. More
  • Student loan-related claims: Brought against banks and/or loan servicers on behalf of student borrowers. Can include questions of fraud, unfair trade practices, and bankruptcy-related matters, including whether a loan can be discharged in bankruptcy. More
  • Bankruptcy-related claims: Related to individual and corporate bankruptcies, these claims range from preferential payments and fraudulent transfers to breach of fiduciary duty by former officers and directors.
  • RICO: Brought when multiple wrongdoers have conspired to engage in a scheme, usually involving an extended pattern of bad acts, which is enabled by a series of interstate mail or wire frauds in order to harm another party. More
  • Unfair trade practices: Egregious acts in the commercial context involving unfair or deceptive trade practices. In some situations, these acts can subject the wrongdoer to treble damages. More
  • Breach of fiduciary and good faith duties: Breach of the heightened duties of loyalty and good care for a party who has control over the interests or property of another party. Any contractual relationship also implies a duty of good faith and fair dealing. More
  • Breach of contract: Occurs when one party to an oral or written contract refuses to perform any obligation under the contract without a legitimate legal excuse for doing so. More
  • Fraud: Occurs when one party deliberately deceives another party in order to gain something unfairly or unlawfully. Can be a civil cause of action and/or a criminal act. More
  • Investor disputes: Claims brought against investment advisors and broker-dealers for offering misleading information or unsuitable investment advice. More
  • Defamation: Any statement that harms a person’s, corporation’s or association’s reputation. The statement can be communicated in any way, but must be made to a party other than the one alleging defamation. More