When you are facing a business tort or unfair trade practices claim, your goal is typically to resolve the matter without the time, expense and inconvenience of a trial. With that in mind, Liskow excels at pre-trial dismissals, both on the pleadings and at summary judgment.
Liskow represents a wide array of clients in many industries, in state and federal court. Our lawyers defend and prosecute business torts such as fraud, defamation, conversion, negligent misrepresentation, tortious interference with contract or business relations, as well as unfair trade practice disputes. Often, these claims go hand in hand. And it comes down to really knowing the law and its nuances.
Unfair trade practice claims in particular can present unique challenges to defendants (and opportunities to plaintiffs) as a result of the broad wording of the statute and the possibility of an award of legal fees. Members of the commercial litigation team have been handling such claims for decades and have published some of the leading articles in this area. Team members George Denegre and Shannon Holtzman published “Tortious Interference and Unfair Trade Claims: Louisiana’s Elusive Remedies for Business Interference,” 45 Loy. L. Rev. 395, which has been quoted with approval by Courts, including the U.S. Fifth Circuit, in more than 25 cases such as: Whitney Bank v. SMI Cos. Global Inc., 949 F.3d 196, 207-08 (5th Cir. 2020); D.H. Griffin Wrecking Co. v. 1031 Canal Dev., LLC, 2021 WL 917335, *3 (E.D. La. 2021); Southeastrans, Inc. v. Landry, 2021 WL 712507, *3 (W.D. La. 2021); CP Marine Offloading, LLC v. Miller, 2021 WL 3417797, *6 (La. App. 3d Cir. 2021); Taxicab Ins. Store, LLC v. Am. Serv. Ins. Co., Inc., 224 So. 3d 451, 460 (La. App. 4th Cir. 2017); and Encompass Office Solutions, Inc. v. La. Health Serv. & Indem. Co., 2014 WL 12980010, *10 (N.D. Tex. 2014).
Liskow culture puts our clients first
We don’t need the spotlight of a trial: we work in your best interest. Part of our success is putting aside egos and keeping our focus entirely on our client. Successful defense against business torts and unfair trade practice claims requires relevant experience and a deep understanding of such claims and remedies and Liskow is fully committed to putting the very best people on your matter. We will understand your goals and work within your budget – both will be reflected in our strategy.
Strategic at the outset – and throughout
Because we are well-versed in the elements of unfair trade practice and business tort claims, we know exactly what weaknesses to target in our opponent’s case. We raise potential counterclaims as needed. If we can get the case dismissed on the pleadings, we do. If not, we design a compelling summary judgment motion. We focus on the critical issues on which the case can be resolved in advance of trial such as, for example, what did the other side know and when did they know it? Keenly aware of the cost and inconvenience of litigation, in addition to possible reputational damage, we tailor discovery to fit the needs of the case with a particular eye to obtaining the evidence needed for summary judgment and/or for settlement leverage. We go to trial only when it’s the sole logical choice for you.
Credibility with the judiciary
Our clients benefit from Liskow’s excellent reputation within the judiciary. What we say is supported by fact and by law, every time. We don’t assert weak or tenuous claims or arguments and the Courts know this.