Thomas Yoxall, a member of the Firm's Executive Committee, concentrates his practice on financial services cases, class action litigation and general commercial litigation. Named a Texas Super Lawyer in 2004-2011, he has represented clients in nationwide and state class actions involving various types of claims, including mortgage lending practices, automobile dealer financing, consumer rebates, antitrust, products liability, breach of warranty, fraud, fair debt collection practices, and consumer protection. In addition, Mr. Yoxall has extensive experience in general commercial litigation and has tried several lawsuits involving significant questions of constitutional law.
Education
- J.D., Southern Methodist University School of Law, 1992
Senior Editor, The International Lawyer - B.A., History, with honors, The University of Texas at Austin, 1988
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Fifth Circuit
- 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 Eastern District of Texas
- U.S. District Court for the Western District of Texas
Representative Experience
- Representation of intervenor associations in support of the State of Texas in a constitutional challenge to a state statute prohibiting insurance company ownership of body shops. After a 7-day trial, the trial court found that the statute did not violate the Commerce Clause, and the Fifth Circuit affirmed.
- Representation of a nationwide retailer in a putative nationwide consumer rebate class action in St. Clair County, Illinois. The trial court denied class certification and the plaintiff dismissed the case.
- Representation of intervenor associations in support of the State of Texas in a constitutional challenge to the state Blue Law relating to vehicle sales. After a 4-day trial, the trial court declared the Blue Law constitutional. Plaintiffs appealed, but subsequently dismissed their appeal.
- Representation of multiple mortgage servicing companies in cases throughout the United States in cases alleging improper mortgage servicing practices.
- 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 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.
Reported Decisions
- Allstate Ins. Co. v. Abbott, 495 F.3d 151 (5th Cir. 2007), cert. denied, 1285 WL 1334 (2008) (constitutional case)
- Bradford v. WR Starkey Mortgage, 2008 WL 4501957 (N.D. Ga. Feb. 22 2008) (dismissal of nationwide class action)
- Collier v. Wells Fargo Home Mortgage, _ F.Supp.2d _, 2006 WL 1464170 (N.D.Tex. 2006) (dismissal of multi-plaintiff mortgage litigation)
- 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), cert. denied., 544 U.S. 949 (2005) (class action)
- Moore v. Radian Group, Inc., 233 F. Supp.2d 819 (E.D. Tex. 2002), aff'd, No. 02-41462, (5th Cir.May 30, 2003) (class action)
- Ford Motor Co. v. Texas Dep't of Transp., 264 F.3d 493 (5th Cir. 2001) (constitutional case)
- Peltier Enterp., Inc. v. Hilton, 51 S.W.3d 616 (Tex. App. -- Tyler 2000, pet. denied) (class action)
- Innovad, Inc. v. Microsoft, 99 F. Supp.2d 767 (N.D. Tex. 2000), aff'd, 260 F.3d 1326 (Fed. Cir. 2001) (patent infringement)
Publications & Presentations
Professional History
- Partner, Locke Lord LLP
- Member, Locke Lord Executive Committee
- Judicial Clerk to Honorable John McBryde, United District Court for Northern District of Texas (1992 - 1993)
Professional Affiliations & Achievements
- Named, Texas Super Lawyer, Texas Monthly Magazine (2004 - 2011)
- Named, Best Lawyers Under 40, D Magazine, Dallas
- Member, Texas Bar Foundation
- Member, American Bar Association
- Litigation Section
- Class Actions and Derivative Suits Committee
- Member, State Bar of Texas
- Member, Dallas Bar Association
- Member, Mac Taylor Inn of Court
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