The Commercial Litigation Group at Frilot L.L.C. handles a wide variety of cases arising from commercial and business disputes. The group represents plaintiffs and defendants before all state and federal courts and agencies at all stages of a case from filing to final appeal. Some of the firm’s most experienced lawyers practice in this area and have had winning results handling matters in Louisiana and across the nation, involving:
- Complex Business Litigation,
- Patent and Trademarks,
- Lender Liability,
- Unfair Trade Practices,
- Class Actions,
- Contract, Lease, and Construction Disputes.
The group also has considerable experience in loan workouts, collections, foreclosures, and bankruptcies for local and out-of-state lending institutions. The lawyers regularly represent several commercial entities and asset-based lenders, and often work closely with other practice groups in the firm to represent maritime interests, manufacturers, health care providers, real estate developers, oil and gas concerns, and agribusinesses.
In the field of corporate collection and creditors’ rights, the group represents lenders and creditors in collection actions, post-judgment efforts, and bankruptcy cases, and has handled numerous foreclosures, garnishments, sequestrations, attachments, and seizures. Notably, Eddie Rantz represented the seizing creditor in the U.S. Marshal’s sale of the $4.6 million St. Tammany Plaza in Covington, Louisiana.
In other areas of commercial litigation, Joe Mole acquired and collected, after a two-month jury trial, one of the largest judgments ever awarded in an antitrust case in New Orleans. Additionally, Joe Mole obtained a landmark federal appellate decision holding that damages for intentional patent infringement are non-dischargeable in bankruptcy. Earlier, Joe Mole obtained a zero jury verdict for Matsushita Electric Industrial Co., Ltd. in a ten-week jury trial in which the plaintiffs sought over $750 million in damages.
Representative Cases
Axcess Global Communications v. Matsushita (Panasonic)
Joseph Mole led the defense of Matsushita Electrical Industrial Company, Ltd., in a major commercial case in Jefferson Parish, Louisiana. After nine weeks of testimony and a request for $754 million in damages, the jury rejected the plaintiff’s claim that Matsushita had victimized it by stealing its pager technology. The zero jury verdict was returned in less than 45 minutes.
Lifemark Hospitals of Louisiana, Inc.(Tenet Healthcare Corp.) v. LEI
Joseph Mole and Mike Phillips obtained a victory on behalf of Tenet Healthcare Systems in a longstanding contract dispute between Tenets subsidiary, Lifemark Hospitals, Inc., and Liljeberg Enterprises, Inc. A judgment was obtained allowing Tenet to cancel a contract costing it millions of dollars per year in excess charges and remove the opposing party from conducting business at the hospital.
Coastal Plains v. Browning Mfg. (Emerson Electric Co.)
Representing Emerson Electric, the firm obtained reversal of the bankruptcy and trial courts refusal to dismiss plaintiff’s claims for breach of contract. The Fifth Circuit reversed the jury award in favor of plaintiff and rendered a decision in favor of Emerson. This is now considered the seminal case for the application of estoppel and res judicata in the Fifth Circuit.
State ex rel. Ieyoub v. Racetrac Petroleum, Inc. (Murphy Oil)
The Commercial Practice Group represented Murphy Oil USA, Inc., in this case along with a group of other cases filed by the Louisiana Attorney General and independent gasoline distributors in connection with the retail sale of gasoline. The cases were based upon Louisiana’s predatory pricing statute, which sets strict guidelines for minimum pricing of products sold in Louisiana. Although the cases were filed in hostile venues, the firm’s lawyers achieved complete exoneration for Murphy’s pricing practices.
Zapata Gulf Marine Corp. v. Puerto Rico Maritime Shipping Authority
The firm represented Zapata Gulf Marine Corporation. (now a part of Tidewater) in this case involving a containerized cargo between the United States and Puerto Rico. They were able to recover $45 million following a ten-week antitrust trial and a jury verdict for their client.
