Rob Mowrey concentrates his practice in complex business related and financial services litigation. He has more than thirty years of extensive and active first-chair experience in jury and non-jury trials, arbitrations, mediations, and appeals. Recently recognized in Chambers USA's 2011 Client Guide of America's Leading Lawyers for Business as well as the Best Lawyers in America 2012 edition and consistently named a “Texas Super Lawyer” in Business Litigation by Texas Monthly and Law & Politics Magazine, he has defended numerous corporations in individual as well as class action suits. His practice has a particular emphasis on representing and defending financial institutions in the consumer financial services industry. Mr. Mowrey regularly litigates cases arising under the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and cases involving mortgage fraud, predatory lending, and unfair and deceptive acts and practices statutes. He currently serves as Chair of the Firm’s Consumer Finance Practice Group and the Firm's Practice Committee.
Education
- J.D., cum laude, Southern Methodist University School of Law, 1977
Order of the Coif
Editor, Southwestern Law Journal - A.B., cum laude, Princeton University, 1974
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
Representative Experience
- Representation of national mortgage company in purported class action claims involving the Real Estate Settlement Procedures Act and the unauthorized practice of law. The United States Court of Appeals for the Fifth Circuit reversed the certification orders.
- Representation of a national lender in lender liability case. After a three-week jury trial, the jury trial returned a defense verdict and the court awarded the lender its attorney fees and expenses for defending the suit. The United States Court of Appeals for the Fifth Circuit affirmed.
- Representation of automobile dealers in purported class action involving financing. After a week-long jury trial, the jury rendered a defense verdict. The trial court then certified the case as a class action and the Texas Court of Appeals reversed the certification.
- Representation of national mortgage company in purported class action claims involving mortgage and pool insurance. The district court granted the mortgage company’s motion to dismiss and the United States Court of Appeals for the Fifth Circuit affirmed.
- Representation of national homebuilder in Deceptive Trade Practices action regarding land purchase. After a three-week jury trial, the jury returned a defense verdict and awarded the homebuilder its attorney fees. The Texas Court of Appeals affirmed.
Reported Decisions
- King v. Bank of New York, 2008 WL 2764523 (Tex. App. – Corpus Christi 2008) (jury trial)
- Bradford v. WR Starkey Mortgage, 2008 WL 4501957 (N.D. Ga. Feb. 22 2008) (dismissal of nationwide class action)
- Rivera v. Countrywide Home Loans, Inc., 2008 WL 3196646 (Tex. App. – Dallas 2008) (summary judgment)
- Southwest Funding, L.P. v. Aurora Loan Services, L.L.C., 2007 WL 3022559 (N.D.Tex. 2007) (summary judgment)
- Collier v. Wells Fargo Home Mortgage, 2006 WL 1464170 (N.D.Tex. 2006) (summary judgment)
- Dallas Sales Co v. Carlisle Silver Co., 134 S.W.3d 928 (Waco 2004, pet. denied) (summary judgment)
- Hawthorne v. Countrywide Home Loans, Inc., 150 S.W.3d. 574 (Tex. App. -- Austin 2004, no writ) (class action)
- Robinson v. Texas Automobile Dealers Ass'n, 387 F.3d 416 (5th Cir. 2004) (class action)
- O'Sullivan v. Countrywide Home Loans, Inc., 319 F.3d 732 (5th Cir. 2003) (class action)
- Moore v. Radian Group, Inc., 233 F. Supp. 2d 819 (E.D.-Tex. 2002), aff'd, 69 Fed. Appx. 659, _F.3d_, 2003 WL 21356062 (5th Cir. 2003) (class action)
- Isaac v. Norwest Mortgage, 153 F. Supp.2d 900 (N.D. Tex.-2001) (Fair Housing Act case)
- Isaac v. Norwest Mortgage, No. 3:00 cv 00989, 2002 WL 1119854 (N.D. Tex. 2002)
- Peltier Enterprises, Inc. v. Jonray A. Hilton, 51 S.W.3d 616 (Tex. App.- Tyler 2000, pet. denied) (class action; jury trial)
- E-Z Mart Stores, Inc. v. Xerox Credit Corporation, TX-90-02-CA (E.D. Tex. 1991) (after obtaining verdict in lender's favor, the trial court awarded the lender its attorney's fees and expert witness expenses for defending the suit), aff'd, 990 F.2d 1252 (5th Cir. 1993)
- NCNB Texas National Bank v. Goldencrest Joint Venture, 761 F. Supp. 32 (N.D. Tex. 1990) (summary judgment)
- Wabash Life Insurance Co. v. Garner, 732 F. Supp. 692 (N.D. Tex. 1989) (summary judgment)
- Daniel v. Ferguson et al., 839 F.2d 1124 (5th Cir. 1988) (jury trial)
- RepublicBank Dallas, N. A. v. McIntosh, 828 F.2d 1120 (5th Cir. 1987) (summary judgment)
- Howell v. Homecraft Land Development, Inc., 749 S.W.2d 103 (Tex. App. -- Dallas 1987, writ denied) (jury trial)
- James Myers & Associates, Inc. v. National Development Co., 722 S.W.2d 491 (Tex.App. -- Dallas 1986, writ ref'd n.r.e.) (summary judgment)
- Sekel v. Aetna Life Insurance Co., 704 F.2d 1335 (5th Cir. 1983) (summary judgment)
- Williams v. Thomas , 692 F.2d 1032 (5th Cir. 1982) (jury trial)
- Pier 1 Imports of Georgia, Inc. v. Wilson, 529 F. Supp. 239 (N.D. Tex. 1981) (summary judgment)
Reprinted from Westlaw with permission of West, a Thomson business.
Publications & Presentations
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Speaker,
"American Conference Institute's National Forum on Residential Mortgage Litigation & Enforcement"
(2009, 2010, 2011 - Dallas; Washington, D.C.)
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Speaker,
"American Conference Institute's Fifth National Forum on Prevention, Detecting and Resolving Mortgage Fraud,"
(September 2008, Scottsdale, Arizona)
(September 2008, Scottsdale, Arizona)
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Co-Author,
"Client Alert: Supreme Court Rules No Class Arbitration Absent Contractual Basis,"
Locke Lord
(April 29, 2010)
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Author,
"Mortgage and Asset Backed Securities Litigation Handbook,"
Foreclosure section of Chapter 5 titled Issues Arising in Connection with the Foreclosure or Other Enforcement of the Securitized Loan, (Thomson West 2010 Revised)
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Co-Author,
"Client Alert: Litigation Over the Reduction of Home Equity Lines of Credit: Hickman and Beyond,"
Locke Lord
(February 1, 2010)
Professional History
- Partner, Locke Lord LLP
- Law Clerk, Honorable Harry Phillips, Chief Judge, United States Court of Appeals for the Sixth Circuit (1977 - 1978)
Professional Affiliations & Achievements
- Named, "Texas Super Lawyer," Business Litigation, Texas Monthly and Law & Politics Magazine (2011)
- Named, Chambers USA Client’s Guide of America’s Leading Lawyers for Business (Banking & Finance 2011)
- Named, The Best Lawyers in America (2012)
- Member, American Bar Association, Litigation and Antitrust Sections
- Member, State Bar of Texas, Litigation Section
- Member, Dallas Bar Association, Business Litigation Section
- Member, Texas Bar Foundation
- Member, Texas State Bar College
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