Thomas G. Yoxall

Tom Yoxall, a Vice Chair of the Firm and member of the Firm's Executive Committee, handles financial services cases, class action litigation and general commercial litigation. Tom has extensive experience handling federal and state governmental and regulatory investigations as well as internal whistleblower investigations. He frequently defends clients in significant nationwide and state class actions.

Tom regularly litigates complex cases involving financial services practices, mortgage servicing issues, RESPA, FDCPA, TILA, SCRA, automobile dealer financing, trade secrets, fraud and consumer protection. He has extensive experience in general commercial litigation and has tried several lawsuits involving significant questions of constitutional law.

Tom's representative experience includes:

Financial Services Litigation

• Representing a national mortgage servicer in a false claims act case alleging that the Servicer falsely certified its compliance with various federal and state laws to induce Fannie Mae to execute a Servicer Participation Agreement and Amended Servicer Participation Agreement so that they could participate in the Home Affordable Modification Program (“HAMP”)
• Represented national mortgage servicer in putative class action alleging violation of the Servicemembers Civil Relief Act (SCRA) based on the manner in which the Defendants allegedly conduced foreclosure proceedings under Louisiana law. The federal district court dismissed the claims
• Represented multiple mortgage servicing companies in cases throughout the United States in cases alleging improper mortgage servicing practices in class actions, mass actions and investigations
• Represented nationwide mortgage servicer in defense of claims against hedge fund related to securitized trusts
• Represented national mortgage company in purported class action claims involving the Real Estate Settlement Procedures Act and the unauthorized practice of law. The U.S. Court of Appeals for the Fifth Circuit reversed the certification orders
• Represented 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 U.S. Court of Appeals for the Fifth Circuit affirmed

Constitutional Law

• Represented 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 seven-day trial, the trial court found that the statute did not violate the Commerce Clause, and the Fifth Circuit affirmed
• Represented intervenor associations in support of the State of Texas in a constitutional challenge to the state Blue Law relating to vehicle sales. After a four-day trial, the trial court declared the Blue Law constitutional. Plaintiffs appealed, but subsequently dismissed their appeal

Class Actions

• Represented regional tollway authority in defending multimillion-dollar putative class action relating to alleged improper and excessive administrative fees
• Represented 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
• Represented 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

Reported Decisions

• Fodge v. Trustmark National Bank, 945 F.3D 880 (5th Cir. 2019), cert. denied, 2019 WL 6906111 (class action)
• Sivertson v. Citibank, N.A. as Trustee for Registered Holders of WAMU Asset-Back Certificates WAMU Series Number 2007-HE2 Trust, 390 F.Supp.3d 769 (E.D.Tex 2019)
• In re Trevino, 599 B.R.526 (Bkrtcy.S.D.Tex 2019)
• See Reyes v. North Texas Tollway Authority, 861 F.3d 558 (5th Cir. 2017) (class action)
• Reyes v. North Texas Tollway Authority, 186 F.Supp.3d 621 (N.D.Tex 2016) (class action)
• BCC Merchant Solutions, Inc. v. Jet Pay, LLC, 129 F.Supp.3d 440 (N.D.Tex 2015)
• Sims v. Carrington Mortgage Services, LLC, 440 S.W.3d 10 (Tex. 2014)
• Mendoza v. Microsoft, Inc., 1 F.Supp.3d 533 (W.D.Tex 2014)
• Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc., 837 F.Supp.2d 162 (S.D.N.Y. 2011)
• 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)