Practice Areas
- Financial Services Litigation
- Commercial Litigation
- Real Estate Litigation
- Appellate Litigation
Education
University of Georgia School of Law
- J.D. 2005, cum laude
- Georgia Law Review
Emory University
- B.A. 2002
Bar Admissions
- State Bar of Georgia
- State Bar of North Carolina
- State Bar of Tennessee
Court Admissions
- U.S. Courts of Appeals for the Fourth and Eleventh Circuits
- U.S. District Courts for the Northern, Middle, and Southern Districts of Georgia, and the Eastern and Western Districts of North Carolina
- Georgia Supreme Court
and Court of Appeals - North Carolina Supreme Court
- Tennessee Supreme Court
John Michael Kearns
John Michael Kearns is a seasoned litigator whose practice focuses on the representation of financial institutions in consumer finance litigation, real estate litigation, and foreclosure litigation. John Michael has almost two decades of experience providing valuable counsel to servicers, investors, lenders, banks, and other institutions to address their legal needs.
John Michael also has extensive experience litigating cases arising under various federal consumer protection statutes including the FDCPA, RESPA, TILA, and FCRA. He also routinely defends clients against claims for breach of contract, wrongful foreclosure, securitization challenges, intentional torts, negligence, unfair or deceptive acts or practices, and many other issues related to the enforcement of security instruments. He routinely represents his clients in both state and federal courts throughout the country, and is a member of the Georgia, North Carolina, and Tennessee Bar Associations.
John Michael leverages his experience in all aspects of litigation, including case pleading, motions practice, discovery, settlement negotiation, and trial. He also has extensive appellate experience representing businesses in state and federal appellate courts.
- Obtained dismissal, summary judgment, or favorable settlement on behalf of companies in numerous financial services litigation matters involving alleged violations of various consumer protection statutes, including the Fair Credit Reporting Act, the Truth In Lending Act, the Fair Debt Collections Practices Act, and the Real Estate Settlement Procedures Act.
- Represented companies, including national lenders and financial services companies, in appellate matters, obtaining affirmation on appeal at the state and federal level.
- Represented companies against claims for breach of contract, unjust enrichment, fraud, wrongful foreclosure, quiet title, and violations of various consumer protection statutes.
- Represented national bank and mortgage loan servicer in putative class action in North Carolina alleging various violations of state consumer protection statutes, successfully defeating class certification, and obtaining complete dismissal of all claims.
- Helped to defeat class certification in a Maryland circuit court putative class action alleging various violation of Maryland’s Real Estate and Property Act and other consumer protection statutes, ultimately leading to de minimis resolution of the remaining individual claim.
- United States v. Shefton, 548 F.3d 1360 (11th Cir. 2008)
- Griggs v. USAA Cas. Ins. Co., 263 F. Supp. 3d 1375 (N.D. Ga. 2017)
- Waddell v. U.S. Bank Nat’l Ass’n, 395 F. Supp. 3d 676 (E.D.N.C. 2019)
- Member of the Atlanta Bar Association
- Member of the North Carolina Bar Association
- Member of the Tennessee Bar Association
- Member of the Mortgage Bankers Association