Thomas M. Byrne

Partner
Atlanta, P: 404.853.8026
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Tom Byrne is a member of Sutherland’s Litigation Practice Group, where he focuses on complex business litigation, primarily the defense of consumer and policyholder class actions and bankruptcy litigation. His experience ranges from arguing in the Supreme Court of the United States to first-chairing jury trials in four states. He has served as lead counsel in more than 100 putative class actions. Tom also has represented secured lenders and other parties in numerous Chapter 11 bankruptcies and creditor’s rights litigation.

Tom joined the firm in 1982 after completing clerkships with the Honorable Robert A. Ainsworth, Jr. of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Morey L. Sear of the U.S. District Court for the Eastern District of Louisiana.

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REPRESENTATIVE EXPERIENCE
Tom’s extensive experience includes:
Consumer/Policyholder Class Actions

Calandra v. Ford Motor Motor Co., 2011 WL 2566076 (N.J. App. Div. 2011) (Consumer Leasing Act; default charges)
Georgia Department of Revenue v. Roof, 690 S.E. 2d 442 (Ga. App. 2010) (natural gas charges to consumer)
Riccio v. Ford Motor Credit Co., 238 F.R.D. 44 (D. Mass. 2006) (unfair trade practice – leasing)
Jones v. People’s Heritage Bank, 433 F. Supp. 2d 1328 (S.D. Ga. 2006) (Truth in Lending Act)
Claybrooks v. PRIMUS Automotive Financial Services, Inc., 363 F. Supp. 2d 969 (M.D. Tenn. 2005) (fair lending)
Jones v. Ford Motor Credit Co., 358 F.3d 205 (2d Cir. 2004) (class action procedure)
Bogard v. Inter-State Assurance Co., 589 S.E. 2d 317 (Ga. App. 2003) (“risk-free” life insurance)
Printis v. Bankers Life Ins. Co., 583 S.E. 2d 22 (Ga. 2003) (credit life)
Schlenk v. Ford Motor Credit Co., 308 F.3d 619 (6th Cir. 2002) (Consumer Leasing Act)
Rodriguez v. Ford Motor Credit Co., 2002 WL 655679 (N.D. Ill. 2002) (fair lending)
Baldwin v. Laurel Ford Lincoln-Mercury, Inc., 32 F. Supp. 2d 894 (S.D. Miss. 1998) (dealer reserve disclosure)
Goodwin v. Ford Motor Credit Co., 970 F. Supp. 1007 (M.D. Ala. 1997) (arbitration)

Lender Liability/Bankruptcy

In re Cherokee Run Country Club, Inc., 430 B.R. 281 (Bankr. N.D. Ga. 2009)
General Motors Acceptance Corp. v. State of Georgia, 613 S.E. 2d 641 (Ga. 2005)
Gutherie v. Ford Equipment Leasing Co., 231 Ga. App. 350 (1998)
Integon Life Insurance Corp. v. Browning, 989 F.2d 1143 (11th Cir. 1993)

PROFESSIONAL HONORS AND AWARDS

National Law Journal Appellate Lawyer of the Week (May 28, 2013)
Named to The Best Lawyers in America in the areas of commercial litigation (2008-2013), litigation – real estate (2012-2013) and litigation – banking & finance (2012-2013)
Selected for inclusion in Georgia Super Lawyers® (2005-2012)

PROFESSIONAL AND COMMUNITY INVOLVEMENT

Chair, Evidence Study Committee - State Bar of Georgia (2008-2011)
Vice Chair, Evidence Study Committee - State Bar of Georgia (2003-2007)
Member, Governing Committee, Conference on Consumer Finance Law
Fellow, Lawyers Foundation of Georgia
Member, Lawyers Club of Atlanta
Member, Legal Committee, Association of Consumer Vehicle Lessors

RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS

Co-author, “Class Actions,” Eleventh Circuit Survey 2011, 63 Mercer Law Review 1183 (2012)
Co-author, “Class Actions,” Eleventh Circuit Survey 2010, 62 Mercer Law Review 1107 (2011)
Co-author, “Class Actions,” Eleventh Circuit Survey 2009, 61 Mercer Law Review 1055 (2010)
Author, “Class Actions,” Eleventh Circuit Survey 2008, 60 Mercer Law Review 1163 (2009)
Author, “Class Actions,” Eleventh Circuit Survey 2007, 59 Mercer Law Review 1117 (2008)
Author, “Class Actions,” Eleventh Circuit Survey 2006, 58 Mercer Law Review 1171 (2007)
Author, “Class Actions,” Eleventh Circuit Survey 2005, 57 Mercer Law Review 1031 (2006)
Author, “There Goes the Neighborhood: Litigating Assumptions of Shopping Center Leases,” Bankruptcy Litigation (Winter 2004)
Author, “Demystifying Class Certification,” 54 Consumer Finance Law 277 (Fall 2000)
Author, “Escrows and Bankruptcy,” 48 Business Law 761 (1993)
Speaker, “Bullock v. BankChampaign,” Emory Law Faculty Colloquium (June 12, 2013)
Speaker, "Georgia Appellate Practice," Institute on Continuing Legal Education in Georgia (March 1, 2013)
Speaker, “Georgia’s New Evidence Rules,” The Atlanta Bar Association CLE by the Hour (December 12, 2012)
Speaker, "Georgia’s New Evidence Code," Institute of Continuing Legal Education in Georgia (November 9, 2012)
Speaker, “The New Georgia Evidence Code in Commercial Cases,” Institute of Continuing Legal Education in Georgia (February 23, 2012)
Speaker, “Introduction to the New Georgia Evidence Code,” Institute of Continuing Legal Education in Georgia (October 26, 2011)
Speaker, “The New Georgia Evidence Code,” State Bar of Georgia 2011 Annual Meeting (June 2, 2011)
Speaker, “Georgia Evidence Code Modernization” State Bar of Georgia 2009 Annual Meeting (June 18, 2009)
Speaker, Landlord Best Practices Seminar: Strategies for Dealing with Tenant Bankruptcy (May 5, 2009)

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Education

J.D., magna cum laude, University of Notre Dame Law School, 1981,
Articles Editor, Notre Dame Law Review, 1980-81

A.B., cum laude, University of Notre Dame, 1978

Bar Admissions

Georgia