Commercial Litigation

Our understanding of the law, your industry, and the economics and accounting issues that are involved in any damage analysis makes Moffatt Thomas the go-to commercial litigation firm in Idaho.

Practice Profile

We pride ourselves in understanding the economics of any case, and as a result, we are able to help clients prosecute or defend the smallest of commercial disputes to claims exceeding $100 million.

Some of our commercial litigation successes include:

  • Multiple lawsuits against the federal government for breach of contract and quiet title, resulting in settlements exceeding $25 million;
  • Defense verdict for a local community bank following a two-week jury trial involving claim of fraud arising from a loan workout;
  • Lender liability defense in a federal court action for claims in excess of $65 million, affirmed by the U.S. Ninth Circuit Court of Appeals, arising from an alleged breach of a commitment to fund a large construction loan with union pension funds;
  • Dismissal of lender liability lawsuit against large national bank, for claims in excess of $20 million, affirmed by the Idaho Supreme Court;
  • Judgment in favor of a commercial lender that established the priority of the lender’s mortgage over several multi-million dollar mechanic’s liens on a large golf course and residential construction project;
  • Summary dismissal of a developer from a construction defect lawsuit alleging breach of fiduciary duties in his role as the prior director of the homeowners’ association and developer of the project;
  • Successfully prosecuted fraud claims against a commodity dealer that engaged in deceptive accounting and business practices; and
  • Defense judgment for client alleged to have breached warranty deed by conveying property with an existing zoning violation, affirmed by the Idaho Supreme Court.


  • Antitrust
  • Aviation hull losses
  • Business torts
  • Construction defect claims
  • Contract disputes
  • Consumer Protection Act claims
  • Crop loss
  • Dealer and franchise disputes
  • Disputes arising from the sale of a business
  • Employment and labor disputes
  • Environmental and toxic torts
  • Fiduciary duty claims
  • Foreclosure claims (both real and personal property)
  • Fraud and racketeering claims
  • Insurance coverage
  • Intellectual property (trademarks, copyright, patent infringement)
  • Lender liability
  • Non-competition and non-solicitation agreements
  • Owner, shareholder, member, partner disputes
  • Real property disputes (purchase and sale, lease disputes, mechanic’s liens)
  • Securities fraud
  • Tax assessment litigation
  • Trade secrets
  • UCC claims involving the sale of goods and secured transactions
  • Unfair competition claims
  • Unfair debt collection practice claims
  • Valuations (real property and businesses)


C Clayton Gill

Moffatt Thomas Scores a Victory for the Title and Banking Industry

American Bank v. Wadsworth Golf, 307 P.3d 1212 (Idaho 2013). Moffatt Thomas lawyer Clay Gill was able to convince the […]

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Moffatt Thomas Attorneys Named By Best Lawyers® 2015

Eleven Moffatt Thomas attorneys were recently selected by their peers for inclusion in Best Lawyers in America© 2015 (copyright by Woodward/White, Inc., Aiken, SC), for their accomplishments in the fields of commercial litigation, banking and finance law and litigation, environmental law, bankruptcy and creditor rights, construction litigation, corporate governance law, employment law-management, insurance defense, medical malpractice law, professional malpractice defense, personal injury defense, mergers and acquisitions law, mining law, and real estate law.

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Moffatt Thomas Lawyers Recognized as 2014 Leaders in their Fields by Chambers & Partners

Chambers & Partners, one of the world’s most respected legal research and publishing firms, has recognized nine Moffatt Thomas attorneys […]

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Moffatt Thomas Named 2014 “Best Law Firm” by Best Lawyers

Moffatt Thomas is ranked Tier 1 in Best Lawyers 2014 publication for the practices of Commercial Litigation, Corporate Law, Employment […]

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Mark S Prusynski

Mark Prusynski Accepted into the American Board of Trial Advocates

Congratulations to Mark Prusynski for being accepted into the American Board of Trial Advocates.  The American Board of Trial Advocates […]

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Moffatt Thomas Partners Selected as 2014 Best Lawyers of the Year

Congratulations to Moffatt Thomas’s attorneys who have been recognized by Best Lawyers as the Best Lawyer Of The Year in their […]

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Moffatt Thomas Lawyers Included in 2014 Best Lawyers Publication

Moffatt Thomas has once again had attorneys selected for inclusion into the publication Best Lawyers in America (Copyright 2012 by Woodward/White, […]

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Patricia M Olsson

Moffatt Thomas Partner Patricia Olsson Selected as 2013 Top 50 Women Mountain States Super Lawyer

Congratulations Patricia M. Olsson for being named as one of the Top 50 Women Mountain States Super Lawyers for 2013.

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