Yoxall, Thomas G.

Thomas G. Yoxall


Partner

 

Overview

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 been recognized as a Texas Super Lawyer every year between 2004-2018. Tom has extensive experience handling federal and state governmental and regulatory investigations, as well as internal whistleblower investigations. He frequently defends clients in nationwide and state class actions. Tom regularly litigates cases involving mortgage lending practices, automobile dealer financing, consumer rebates, antitrust, products liability, breach of warranty, fraud, fair debt collection practices, and consumer protection. He has extensive experience in general commercial litigation and has tried several lawsuits involving significant questions of constitutional law.

Representative Experience

  • 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 regional tollway authority in defending multi-million dollar putative class action relating to alleged improper and excessive administrative fees.
  • 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 7-day trial, the trial court found that the statute did not violate the Commerce Clause, and the Fifth Circuit affirmed.
  • 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 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.
  • Represented 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.
  • 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.
  •  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 United States Court of Appeals for the Fifth Circuit affirmed.

Professional History

  • Member, Locke Lord Executive Committee
  • Judicial Clerk to Honorable John McBryde, United District Court for Northern District of Texas (1992 - 1993)

Reported Decisions

  • See Reyes v. North Texas Tollway Authority, 861 F.3d 558 (5th Cir. 2017) (class action)
  • Sims v. Carrington Mortgate Services, LLC, 440 S.W.3d 10 (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)

Professional Affiliations and Recognitions

  • Named, Best Lawyers in Dallas by D Magazine (2017-2019)
  • Named, Texas Super Lawyer, Super Lawyers magazine (2004-2019)
  • Named, The Best Lawyers in America, Commercial Litigation (2014-2020)
  • 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