Joe Dowdy is a partner in the Raleigh office of Nelson Mullins Riley & Scarborough, where he practices business litigation with an emphasis on commercial and financial services litigation, class action defense, telecommunications law, unfair trade practices cases, trademark litigation, and appellate advocacy. He handles matters in federal and state courts, arbitrations, actions before regulatory/administrative agencies, and special proceedings. Mr. Dowdy is actively involved in the Firm’s motion and appellate litigation practice before the North Carolina Court of Appeals and North Carolina Supreme Court.

Experience

• Representation of lending institutions and loan servicers in a variety of actions, including class action lawsuits and adversary proceedings in bankruptcy, involving alleged violations of the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Home Ownership and Equity Protection Act (HOEPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collections Practices Act (FDCPA), and Federal Regulation Z, as well as companion state statutes including the state mortgage lending acts, state usury and interest statutes, the Uniform Retail Installment Sales Act (RISA), the Electronic Funds Transfer Act (EFTA) and state unfair and deceptive trade practices acts
• Acted as national co-counsel in a class action involving alleged violations of the Uniform Fraudulent Transfers Act (UFTA) made against a debt settlement organization
• Tried a $14 million arbitration involving claims against a financial institution for alleged violations of the bank holding company act, the UCC, and state banking laws
• Representation of a nationwide provider of telecommunications services in a federal trial involving the relocation of utility facilities
• Representation of an international healthcare lender in receivership and foreclosure actions and in healthcare licensure proceedings before administrative agencies, including the North Carolina Division of Facility Services
• Service as regional counsel in consumer finance cases against a national bank pending around the Southeast, through local counsel as necessary
• Representation of a home mortgage lender in an examination by the North Carolina Office of the Commissioner of Banks
• Representation of an international pharmaceutical company in trademark opposition proceedings before the Trademark Trial and Appeal Board (TTAB)
• Representation of one of the nation’s largest providers of building products in lien rights cases, including arbitration proceedings concerning a supply contract dispute
• Representation of a transnational aviation insurance company in a case involving allegations of failure to defend and indemnify, common law bad faith, and unfair business practices
• Served as lead counsel in a case involving alleged violations of a covenant not to compete/nondisclosure agreement and alleged violations of the North Carolina Unfair and Deceptive Trade Practices Statute (UDAP)
• Has written about the Class Action Fairness Act of 2005 (CAFA), the National Bank Act, the Real Estate Settlement Procedures Act (RESPA), and the Anti-Flipping Regulation issued by the United States Department of Housing and Urban Development
• Has studied CAFA’s mandatory state regulator review provision for class action settlements, a topic upon which he frequently provides advice to other members of the profession

Representative Cases

The following is a selected sampling of recent cases and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future litigation matter.

• Crook v. KRC Management Corp.,  697 S.E.2d 449 (N.C. Ct. App. 2010) (vacating discovery sanctions orders that imposed more than $85,000 in monetary sanctions, struck defendants’ answer, and entered judgment in favor of plaintiffs on liability)
• Cambridge Homes of North Carolina, LP v. Hyundai Const., Inc., 670 S.E.2d 290 (N.C. Ct. App. 2008) (establishing the standard for personal jurisdiction under the North Carolina long-arm statute over a manufacturer of component parts)
• Holleman v. Aiken, 668 S.E.2d 579 (N.C. Ct. App. 2008) (affirming dismissal of suit involving allegations of  libel, slander, intentional infliction of emotional distress, negligent infliction of emotional distress, tortious interference with business relationships and prospective economic advantage, civil conspiracy, agency, and alter ego against, among others, a public figure)
• Garrett v. Murphy,  2010 WL 5420165 (N.C. Ct. App., 2010) (unpublished) (reversing jury verdict in favor of Plaintiffs on prescriptive easements claim)
• Voller Realty & Const., Ltd. v. D.V. Holdings, Inc., 2009 WL 2751035 (N.C. Ct. App. 2009) (unpublished) (interpreting North Carolina lien statute as it pertains to the rights of first tier subcontractors to enforce their statutory lien rights)