Catherine "Kate" Gaither
Counsel
Kate Gaither defends banks and financial services companies in disputes such as enforcement of loan documents, Fair Credit Reporting Act claims, foreclosure-related claims, and actions arising from defaulted commercial and consumer loans.
Her institutional knowledge of banking law coupled with her passion for legal writing and federal practice enables her to explain the law to clients in a way they understand. She advises them through each stage of a case, from early motion practice through trial and appeals.
Kate has a significant appellate practice, and she leads appeals in state and federal courts. She has secured dismissals of high-impact claims and regularly briefs and argues issues involving lender rights, federal jurisprudence and practice, jurisdictional challenges and evolving regulatory and statutory frameworks.
She is an assistant clinical professor of legal analysis, writing and research at Southern Methodist University’s Dedman School of Law, where she teaches Legal Analysis, Writing and Research to first-year students and Federal Civil Litigation and Motion Practice to upper-level students.
Experience
- Represented oil and gas company in successful defense and appeal before the United States Court of Appeals for the Fifth Circuit related to proper application of Federal Rules of Civil Procedure. Partners & Friends Holding Corp. v. Cottonwood Minerals, L.L.C., No. 23-10192, 2023 WL 8649880, at *1 (5th Cir. Dec. 14, 2023) (argued).
- Represented client in successful defense and appeal of Bill of Review related to defamation claim. Pitchford v. Callender, No. 05-24-01225-CV, 2025 WL 1297475, at *1 (Tex. App.—Dallas May 5, 2025, no pet.).
- Represented national bank in companion bill of review and conversion cases and appeals confirming bank’s collateral lien rights. Loyola v. Truist Bank, No. 05-21-00948-CV, 2023 WL 1501629, at *1 (Tex. App.—Dallas Feb. 3, 2023, no pet.); Truist Bank v. Loyola, No. 05-21-00206-CV, 2023 WL 2344212, at *1 (Tex. App.—Dallas Mar. 3, 2023, no pet.).
- Represented national bank in successful defense of RICO claim. Ambulatory Services of Puerto Rico, LLC v. Sankar Nephrology Group, LLC, No. 4:18-CV-916-A, 2019 WL 4192738, at *1 (N.D. Tex. Sept. 3, 2019).
- Represented national bank in successful defense of wire fraud claim based on application of Article 4A of the Uniform Commercial Code.
- Represented national bank in successful defense of Fair Credit Reporting Act claim.