Mr. Dwyer is a founding partner of Figari & Davenport. He focuses on large, complex commercial disputes, representing a mix of clients ranging from Fortune 500 companies and large real estate development partnerships to wealthy individuals and trusts. He has amassed extensive trial experience in his thirty year career, spending over 200 days in the courtroom trying jury and non-jury matters, arguing twenty appeals at the state and federal levels, and representing numerous other clients before a variety of arbitration tribunals or local and state administrative commissions. He has been involved in over 50 reported decisions.
A highly versatile trial lawyer, Mr. Dwyer has handled first amendment cases; complex lease disputes; aviation matters; products liability and warranty suits; securities fraud matters; construction cases, boundary disputes, and other real estate litigation; partnership and trust disputes; municipal litigation; employment actions; business tort cases; accounting and attorney malpractice litigation; and copyright, trade secret, and other intellectual property matters. A significant portion of his practice the past ten years has been devoted to defending one of the world’s largest automakers in class action lawsuits all across the United States. He has also successfully litigated or arbitrated a number of supplier suits for the same client involving combined damages in excess of $200,000,000.
Mr. Dwyer has received numerous accolades from his peers, including his listing in The Best Lawyers in America® under Business Litigation in all editions since 1995. He was also recently named to that publication’s exclusive 2011 list of “Bet-The-Company” litigators. Mr. Dwyer has also been designated a “Texas Super Lawyer” by Texas Monthly every year since 2003.
Mr. Dwyer recently obtained significant verdicts and rulings on his clients’ behalf in the following cases:
- As lead counsel for a real estate limited partnership, Mr. Dwyer succeeded in piercing the corporate veil of a number of entities to obtain full recovery for his client of damages sustained by a tenant’s default on a long term commercial lease. The jury’s verdict was subsequently upheld on appeal in Market/ Ross Ltd. v. Dick’s Last Resort of the West End, Inc, 273 S.W.3d 905 (Tex. App.—Dallas 2008, pet. denied).
- As lead counsel in Certain Underwriters at Lloyd’s v. LM Ericsson Telefon, AB, 272 S.W.3d 691 ( Tex. App.-- Dallas 2008, pet. denied), Mr. Dwyer obtained reversal of a trial court’s summary judgment, and a rendition of judgment by the appellate court in his client’s favor, in an insurance coverage dispute involving a ten million dollar patent and IP claim.
- Following a four day evidentiary hearing in a Dallas state district court, Mr. Dwyer obtained an order in favor of his client suspending the trustee of a trust in which she was the sole income beneficiary. The trustee’s appeal of the suspension order was dismissed for lack of jurisdiction.
- Following a three day arbitration held pursuant to Section 747 of the Consolidated Appropriations Act of 2010, Mr. Dwyer defeated a Houston-area Cadillac dealership’s challenge to the termination of its dealership franchise.
Other results Mr. Dwyer has obtained for his clients include:
- A successful arbitration defense of contract claims totaling $30 million that were brought in New York City by an investment consortium that had purchased a parts company spun off by an automotive manufacturer.
- A successful defense of a national bank against lender liability and other claims by an equipment leasing company in what was then the longest civil jury trial ever in Taylor County, Texas. The case was tried over 12 weeks.
- A successful defense of TRO and temporary injunction proceedings, and a subsequent favorable settlement of claims between two cities, relating to city boundaries and the scope of their extraterritorial jurisdictions as a result of a 30-year old agreement the cities had signed in connection with the construction of Lake Ray Hubbard.
- The successful arbitration of warranty claims between a major automaker and one of its chief suppliers, resulting in a recovery of over $20 million in warranty costs. The arbitration result prompted the client’s Executive Vice President and General Counsel to remark that Mr. Dwyer’s “standing with us would be hard for any litigator to surpass.”
JD, University of Texas, with high honors, 1980
- Order of the Coif
- Member, Texas Law Review, 1978
BA, University of Notre Dame, with highest honors, 1977
- Phi Beta Kappa
Named a Texas Super Lawyer (Texas Monthly, 2003 - 2012)
Listed in The Best Lawyers in America under Business Litigation (all editions since 1995)
Listed in The Best Lawyers in America under "Bet-the-Company" Litigation 2011
- State Bar of Texas
- Dallas Bar Association
- Research Fellow, Southwestern Legal Foundation
- Fellow, Texas Bar Foundation
- Fellow, Dallas Bar Foundation
Publications / Speaking Engagements
- Co-Author, Annual Survey of Texas Law – Texas Civil Procedure, SMU Law Review, (from 1983-1999)
- Instructor, Legal Research and Writing, University of Texas, 1979-1980