John A. (Jack) Crawford, Jr.

Commercial Litigation Group

Greater Jackson Office
Tel: (601) 985-4532
Email: jack.crawford@butlersnow.com

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Areas of Emphasis

Antitrust and Deceptive Trade Practices Litigation
Bankruptcy Litigation
Banking and Consumer Lending Litigation
Business Litigation
Construction Litigation
Securities Litigation
Trucking Litigation

Distinctions

AV-rated, Martindale-Hubbell
Selected Top 40 Under 40 by Mississippi Business Journal, 2007
Two years of Public Accounting in Memphis, Tennessee
Passed 1991 Certified Public Accountant Exam

Education & Honors

University of Mississippi, J.D., Dean Robert J. Farley award for graduating first in Class of 1996, summa cum laude, 1996
Business Manager, Mississippi Law Journal, 1995-96

University of Mississippi, B.S., Accounting, magna cum laude, 1991

Associations

American Bar Association
American Bankruptcy Institute
Defense Research Institute
Mississippi Bar Association
- Litigation Section
  - Minority Involvement Committee
Capital Area Bar Association

Bar Admissions

Mississippi, 1996
U.S. District Courts
- Mississippi: Northern and Southern Districts
U.S. Court of Appeals
- 5th Circuit

Legal Experience

Successfully obtained a $3,101,506.37 jury award in federal court for a Mississippi fertilizer company in a contractor negligence suit with a 60/40% allocation of fault between general and subcontractor, which was affirmed on appeal by the Fifth Circuit see 402 Fed. Appx. 866, 2010 WL 4033992 (5th Cir. 2010), and obtained a $4,200,000 settlement with primary insurance carrier and a confidential settlement with excess carrier. See Mississippi Phosphates Corporation v. Furnace & Tube Service, Inc., 2009 WL 1448967 (S.D. Miss. 2009) & 2008 WL 313770 (S.D. Miss. 2008).
Successfully obtained a defense judgment in a $3,500,000 adversary proceeding by Chapter 7 trustee arising from a massive check kiting fraud, whereby Bankruptcy Court found that bank had a duly perfected first priority lien under Article 4 of the UCC in the bounced checks which were satisfied by the covering wire transfers. See Henderson v. Community Bank, Ellisville, Mississippi (In re Stinson Petroleum Co., Inc.), 2011 WL 4344190 (Bkrtcy. S.D. Miss. 2011).
Successfully prosecuted a million dollar arbitration in Atlanta, Georgia against an international company located in the United Kingdom.
Successfully prosecuted over a million dollars in deferred compensation claims against Chapter 11 bankruptcy debtor in U.S. Bankruptcy Court.
Successfully obtained jury award in Mississippi for landlord against former tenant for significant damages to facility and surrounding property, which was affirmed on appeal.
Successfully obtained a directed verdict in jury trial against local Mississippi equipment distributor in suit brought by a railroad company.
Defended national truck manufacturer in $40 million commercial warranty suit brought by trucking company in bankruptcy which after years of litigation was settled for less than $50,000.
Successfully defeated a motion for preliminary injunction by pharmacy against one of its competitors whereby pharmacy sought to deprive competitor of its First Amendment right to discuss proper billing practices under Centers for Medicare and Medicaid Services Medicare Claims Processing Manual. See Bond Pharmacy, Inc. v. AnazaoHealth Corp., 2011 WL 4766444 (S.D. Miss. 2011).
Successfully obtained dismissal of a $15 million suit against Canadian Imperial Banking Corporation (CIBC) and its security broker in the Circuit Court of Shelby County, Tennessee. The successor trustee had asserted claims of conspiracy, conversion, misappropriation and breach of fiduciary duty suit arising from the use of the proceeds of a collar or equity protection agreement to satisfy the secured obligations of another trust. The Tennessee Court of Appeals affirmed the trial court s dismissal of the suit. See Morris v. Grusin, 2009 WL 4931324 (Tenn. Ct. App. 2009).
Represented large securities firm in $20 million suit by 48 plaintiffs arising from rogue broker who allegedly forged client documents and allegedly placed clients in unsuitable products, with matter being settled for nominal amount. See Speed v. AmSouth Bancorporation, 2006 WL 839546 (S.D. Miss. 2006).
Represented national bank in $100 million suit arising from the Martin Frankel insurance company raiding scandal, successfully removing action and ultimately having it transferred to another State. See Dale v. First American Nat. Bank, 370 F.Supp.2d 546 (S.D. Miss. 2005).
Represented clients in administrative actions brought by the Mississippi Secretary of State's office for various FINRA and State law securities violations.
Advised clients in successfully acquiring securities brokers from protocol and non-protocol firms.
Obtained summary judgment for national gaming manufacturer in million dollar suit which was affirmed by Fifth Circuit Court of Appeals. Capital Gaming Supplies, Inc. v. Gametech International, Inc., 166 Fed.Appx. 137 (5th Cir. 2006).
Obtained dismissal of vitamins antitrust suit by indirect purchaser, which was affirmed by the Mississippi Court of Appeals. See Carder v. BASF Corp., 919 So.2d 258 (Miss. App. 2005).
Assisted in obtaining dismissal of putative class action claim against gasoline companies by consumers under the Mississippi Consumer Protection Act arising from state-of-emergency declared by Governor of Mississippi as a result of Hurricane Katrina. Cole v. Chevron USA, Inc., 554 F.Supp.2d 655 (S.D. Miss. 2007).
Successfully prosecuted and enforced numerous loan agreements, leases, security interests for national and regional financing companies and banks
Represented clients in bankruptcy actions pending in Delaware, Florida, Illinois, Mississippi, Tennessee and Texas.
Successfully obtained a $5,000,000 final non-dischargeability judgment against Chapter 7 debtor in adversary proceeding arising from defalcation of trust proceeds [523(a)(4)] and submission of fraudulent financial statements [523(a)(2)].
Successfully obtained a $1,500,000 final non-dischargeability judgement against Chapter 7 debtor in adversary proceeding arising from defalcation of trust proceeds [523 (a)(4)] and submission of fraudulent financial statements [523 (a)(2)].
Successfully obtained a $200,000 final non-dischargeability judgment against Chapter 7 debtor in adversary proceeding pursuant to complaint for embezzlement or larceny [523(a)(4)] and for willful and malicious injury by debtor to another entity [523(a)(6)].

Papers, Presentations & Publications

"When the Tenant Files Bankruptcy During Eviction" (Lorman)
"Bankruptcy Litigation and Objections to Confirmation in Chapter 11 Proceedings" (NBI)
"Bridge the Gap" Seminar (Young Lawyers Division of The Mississippi Bar and Young Lawyers Division)