Banking Litigation
Kean Miller represents national, regional, and local banks and financial institutions in all manner of disputes and litigation in state and federal courts in Louisiana. We regularly handle disputes involving deposits, accounts, loans, lender liability, safety-deposit boxes, allegations of breach of contract, fraud/theft, commercial loan documentation, and real estate matters.
Our team draws on decades of business and transactional expertise, practical advice, and litigation counseling designed to find the quickest and most efficient solution for our clients.
Representative Experience - Representation of a bank in protecting the institution’s interest in collateral in a dispute involving a restrictive covenant and in defending claims of breach of contract and breach of fiduciary duty involving a loan agreement.
- Representation of a finance company in defending claims brought by customers who purchased credit insurance in connection with a loan transaction and in enforcing arbitration agreements.
- Representation of a bank in addressing a claim to funds wherein multiple persons may have had interest in the money held on deposit.
- Representation of a finance company in defending Truth in Lending, RICO and other federal and state causes of action.
- Representation of major financial institution before United States Fifth Circuit in a case affirming a district court ruling by enforcing an arbitration agreement signed by a borrower as part of a loan transaction and sale of credit insurance.
- Representation of banks, financial institutions and other lenders in commercial collection and foreclosure actions, including use of Louisiana’s unique “executory process” procedures.
- Defense of national and state banks in connection with lender-liability claims involving alleged multi-million dollar losses.
- Defense of stock brokers, dealers, promoters, partners, and executives with regard to security fraud claims.
- Defense of stock brokers and agents on suitability-related claims.
- Defense of local and national finance companies of accused of violating federal and state truth-in-lending laws.
- Defense and prosecution of Director-and-Officer liability and other fiduciary duty-related claims.
- Defense and prosecution of claims arising from corporate management’s alleged failure to follow its own governance documents and procedures.
- Defense of certified public accountants and other financial professionals in fiduciary litigation.