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James R. SwansonJames R. Swanson

Mr. Swanson is the firm’s managing partner and head of litigation. He appears in a broad range of business litigation matters, with emphasis on securities, media, state tax, contract and other general litigation. He regularly represents The Times-Picayune, L.L.C., SMG, the State of Louisiana and others. He has obtained a number of multi-million dollar judgments in commercial matters. His efforts are recorded in over 80 reported decisions, including several landmark media and securities cases.

Mr. Swanson is ranked as one of the top litigators in Louisiana in Chambers USA, Benchmark Litigation, The Best Lawyers in America, New Orleans Magazine, Super Lawyers and others. Chambers has commented that he is “talented, astute and an expert performer before the jury,” and on his ability to “negotiate a minefield of potential options in concluding a case.” In the most recent edition of Chambers (2010), he is placed in Band One. Chambers has commented that “he is feared by his opponents and affirmed by all to be highly effective” and that he is “dynamic and talented.” Benchmark (2009) comments that he is a “definite star.” He is listed in Best Lawyers in the categories “Bet-the-Company Litigation,” “Commercial Litigation,” and “Communications Law.”  He has been listed as one of the 50 best lawyers in Louisiana in Super Lawyers and has also been named a “Leader in the Law” by Gambit Magazine.

He is an adjunct professor at Loyola Law School teaching trial advocacy and at Tulane University in media law. For several years, he taught trial advocacy with Federal Judge Carl Barbier. He is the vice-chairman of the Choice Foundation, which operates Lafayette Academy, a highly successful K-8 charter school serving New Orleans’ inner city community. He is a board member and treasurer of the Innocence Project.

Jim graduated from Tulane University in 1984 (Economics). He received his law degree, magna cum laude, from Tulane Law School, where he was a member of the Order of the Coif and the Tulane Law Review. He was the winner of the Tulane Moot Court Appellate Competitions in 1986 and 1987.

Recent litigation successes include:

  • A $22 million award including $3.5 million in punitive damages, in a nationally publicized NASD arbitration against Securities America, one of the largest NASD awards ever;
     
  • The dismissal and settlement (after reversal) of the securities class action against US Unwired;
     
  • The successful defense of Amedisys in class action securities litigation, including obtaining reversal of class certification;
     
  • A $26 million jury verdict against Tennessee Gas in a corporate income tax case, including $6 million in bad faith penalties;
     
  • Landmark First Amendment and access decisions in favor of the Times-Picayune, the Associated Press, CNN and the Baton Rouge Advocate;
     
  • Defense of SMG against the Saints bid to break their Superdome Lease; and
     
  • The prosecution of claims by James Cole, former CEO of Newpark Resources, against the company for compensation due under his employment agreement and defense of claims asserted by the company against him.

Current litigation projects include:

  • A case on behalf of the Louisiana Stadium and Exposition District and the State of Louisiana arising out of the failure of auctions for the LSED’s bonds;
     
  • A similar case arising out of the failure of auctions for Louisiana Citizens Insurance Company bonds;
     
  • Cases arising out of the failure of the Stanford Group Companies;
     
  • The defense of a prominent private equity manager in claim of fraud by his partner;
     
  • The defense of an SEC enforcement action against a former CFO of a public company;
     
  • The prosecution of commercial claims against BP arising out of the Deepwater Horizon spill;
     
  • The defense of a major oil service company against a claim for $40 million arising out of a well blow out.

Significant reported cases:

  • Lormand v. US Unwired, Inc., 565 F.3d 228 (5th Cir. 2009) (securities class action proceeding)
     
  • Isidore Newman School v. J. Everett Eaves, Inc., 08-1368 (La. App. 4 Cir. 8/5/09); 17 So.3d 465 (affirming judgment for a portion of school’s uninsured losses issued against school’s insurance broker)
     
  • Crutcher Tufts Resources, Inc. v. Tufts, 09-1572, 2010 WL 1727853 (La. App. 4 Cir. Apr. 28, 2010) (suit involving dispute over the management of two family owned businesses)
     
  • Copeland v. Copeland, 07-0177 (La. 10/16/07); 966 So. 2d 1040 (important public records case involving restaurateur Al Copeland);
     
  • Sarpy v. ESAD, Inc., 07-0347 (La. App. 4 Cir. 9/19/07); 968 So. 2d 736 (case involving single business enterprise and alter ego theories of liability against related entities)
     
  • Unger v. Amedisys, Inc., 401 F.3d 316 (5th Cir. 2005) (establishes the burden of proof for class certification on market efficiency element)
     
  • Civil Service Com'n of City of New Orleans v. City of New Orleans, 2002-1812 (La. 9/3/03), 854 So.2d. 322 (significant issue of constitutional power of Civil Service Commission)
     
  • Times-Picayune Pub. Corp. v. Board of Sup'rs of Louisiana State University, 2002-2551 (La.App. 1 Cir. 5/9/03), 845 So.2d 599 (access case regarding settlement of mass tort litigation against LSU)
     
  • Capital City Press v. Board of Sup'rs of Louisiana State University, 2001-1692 (La.App. 1 Cir. 6/21/02), 822 So.2d 728, 30 Media L. Rep. 2210 (public records case regarding LSU athletic director search results)
     
  • Huger v. Morrison, 2001-1864 (La.App. 4 Cir. 2/6/02), 809 So.2d 1140 (suit by local real estate developer for breach of oral promise)
     
  • U.S. v. Brown, 250 F.3d 907, 29 Media L. Rep. 1779 (5th Cir. 2001) (First Amendment litigation re: prior restraint regarding reporting on trial of Louisiana Secretary of State)
     
  • Times Picayune Pub. Corp. v. City of New Orleans, 1999-1685 (La.App. 4 Cir. 2/23/00), 760 So.2d 375 (litigation regarding City official journal requirements)
     
  • Times Picayune Pub. Corp. v. New Orleans Aviation Bd., 99-237 (La.App. 5 Cir. 8/31/99), 742 So.2d 979 (public records case for airport DBE program)
     
  • Times-Picayune Pub. Corp. v. U.S. Dept. of Justice, 37 F.Supp.2d 472 (E.D.La. Mar 05, 1999) (FOIA request for Eddie DeBartolo mug shot)
     
  • Estiverne v. Times-Picayune, L.L.C., 2006-0571 (La.App. 4 Cir. 12/20/06), 950 So.2d 858 (dismissal of defamation suit brought by notorious plaintiff's lawyer)
     
  • Times-Picayune Pub. Corp. v. Zurich American Ins. Co., 421 F.3d 328 (5th Cir. 2005) (judgment rendered in favor of client on multi-million dollar fidelity bond claim)
     
  • Over 80 reported decisions

Attorneys


Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P.

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