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.

Experience

  • 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)

News

C Clayton Gill

Moffatt Thomas Attorney Clay Gill: Boise Clients Secure Jury Verdict and Arbitration Award Exceeding $10 Million

Moffatt Thomas attorney C. Clayton Gill and paralegals Leni Patton and Maria Gamboa played meaningful roles in helping their clients Roger Thurston and Dawn Teply secure a jury verdict and arbitration award that collectively exceed $10 million.

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Norman M Semanko

National Water Resources Association Names Norman M. Semanko, Moffatt Thomas Water Law Attorney, Vice Chair of NWRA Litigation Review Committee

Norman M. Semanko, Moffatt Thomas Partner and Leader of the firm’s Water/Environment/Natural Resources Law practice group, has been named by the National Water Resources Association to serve as Vice Chair of the Association's Litigation Review Committee.

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Tyler J Anderson

Idaho AGC Lunch & Learn by Tyler J. Anderson, Moffatt Thomas – Construction Litigation Strategies.

Moffatt Thomas and the Idaho AGC host the May 4, 2017 Lunch & Learn. CONSTRUCTION LITIGATION STRATEGIES: POSITIONING FOR A PREJUDGMENT INTEREST AWARD. Presented by Tyler J. Anderson, Moffatt Thomas. Location: Idaho AGC office, 1649 Shoreline Drive, Suite 100, Boise ID 83702. Register today!

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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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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 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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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 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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Attorney Tyler Anderson delivers presentation on “Civil Litigation” at Citizens Law Academy

Tyler Anderson, partner at the law firm Moffatt Thomas, presented on "Civil Litigation" to the Citizens Law Academy on 10/28/14.

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Benjamin C Ritchie

Benjamin C. Ritchie, Moffatt Thomas-Idaho Falls, to present to the Litigation Section of the Idaho State Bar

Moffatt Thomas attorney, Benjamin C. Ritchie, will present to the Litigation Section of the Idaho State Bar on Friday, April 15, 2016. His presentation is titled, “Attorney-Client Privilege and In-House Counsel.” The seminar will be broadcast via live webinar from the Idaho Falls offices of Moffatt Thomas to Idaho State Bar locations throughout Idaho.

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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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Discovery in Complex Litigation, Practical Tips presented by Moffatt Thomas attorneys, James L. Martin and Tyler J. Anderson

Moffatt Thomas attorneys Jim Martin and Tyler Anderson will present “Practical Tips for Discovery in Complex Litigation” to third year law students at the University of Idaho School of Law on Wednesday, October 19, 2016.

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Moffatt Thomas Attorneys James L. Martin and Tyler J. Anderson present to University of Idaho law students: “Practical Tips for Discovery in Complex Litigation”

Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise on Thursday, October 15, 2015.

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University of Idaho hears practical tips for Discovery in Complex Litigation from Moffatt Thomas Attorneys, James L. Martin and Tyler J. Anderson

Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise.

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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 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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Resources

C Clayton Gill

Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert

Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert, by C. Clayton Gill Download PDF

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C Clayton Gill

Minority Shareholder Oppression – an Equitable Remedy for a Wrongfully Terminated Owner in a Closely Held Company – C. Clayton Gill

Terminating the employment of a minority shareholder without just cause may result in unintended and significant cash flow consequences for majority shareholders. This article will address a new equitable cause of action, minority shareholder oppression, and how to avoid claims for minority shareholder oppression through carefully drafted agreements. Written by C. Clayton Gill, Moffatt Thomas. Published in the Idaho State Bar periodical, The Advocate, May 2017.

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Benjamin C Ritchie

Attorney-Client Privilege and In-House Counsel, Benjamin C. Ritchie

Moffatt Thomas attorney, Benjamin C. Ritchie, presented to the Litigation Section of the Idaho State Bar on Friday, April 15, 2016. His presentation was titled, “Attorney-Client Privilege and In-House Counsel.” The seminar was broadcast via live webinar from the Idaho Falls offices of Moffatt Thomas to Idaho State Bar locations throughout Idaho.

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C Clayton Gill

515 Prepayment Options from A to Z

515 Prepayment Options from A to Z, by C. Clayton Gill Download PDF

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Benjamin C Ritchie

Castorena v. GE and Its Effect on Wrongful Death Claims in Idaho, by Benjamin C. Ritchie

In Castorena v. GE, the Idaho Supreme Court reiterated the separate nature of a wrongful death claim from the underlying […]

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C Clayton Gill

Documentation That Any Trial Lawyer Would Like To See

Documentation That Any Trial Lawyer Would Like to See, by C. Clayton Gill Presented at 2014 Idaho SHRM Conference “Stepping […]

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C Clayton Gill

Recent Developments in Idaho’s Mechanic Lien Laws – September 2011

Recent Developments in Idaho’s Mechanic Lien Laws, by C. Clayton Gill Download PDF

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