Tony Tootell is a partner and commercial litigation lawyer with Foley & Lardner LLP, where he focuses his practice on complex commercial litigation in both federal and state court nationwide. Mr. Tootell represents clients in consumer class actions, lender liability, contract claims, and tort defense.
He has extensive experience advising financial institutions about issues and claims concerning federal regulation of the industry, including RESPA, TILA, and HOEPA, as well as state consumer protection statutes and common law predatory lending claims in federal and state courts throughout the country.
He is a member of the firm’s Business Litigation & Dispute Resolution, Appellate, Consumer Law, Finance & Class Action, and Financial Institutions Practices and the Energy Industry Team.
Mr. Tootell is experienced in developing alternative pricing for litigation and has represented class action clients under such arrangements. His trial experience includes bench trials involving option contracts, environmental indemnity claims, and land use disputes.
Mr. Tootell has also represented clients in non-litigation matters related to contracts and real estate both in and outside of California.
- Prevailed on summary judgment against a putative class action alleging fraud, unfair business practices, and lender liability against financial client arising from high-end condominium project.
- Two year matter involved demurrers, writ petitions, deposing multiple plaintiffs and co-defendants, preparing client deponents, written discovery, e-discovery, motions to compel, discovery sanctions, and use of discovery referee.
- Fourteen month in-house counsel position at the legal department of a large, national bank. Managed litigation for over 250 national cases handled by several outside law firms. Attended mediations as client representative.
- Prepared presentations and memoranda for law firm regarding effective management of cases and communication with client.
- Drafted 9th Circuit respondent’s brief in real estate lending matter involving split Federal Circuit authority.
- Defended stop notice and mechanic’s lien actions for development project investors, including a 30 party mediation.
- Obtained favorable settlement in California state court environmental action regarding clean-up of the property.
Mr. Tootell earned his law degree from the University of Southern California (J.D., 2004), where he was a member of the Southern California Law Review. He holds a bachelor’s degree in history from the University of Southern California (B.A., 2001).
Admissions : He is admitted to practice in California, and before the U.S. Court of Appeals for the 9th Circuit, and the U.S. District Courts for California.
Rate : $$$$