Thomas F.Allen Jr.

Of Counsel

(T) 1.214.969.4517

Thomas Allen has presented numerous oral arguments in federal and state appellate courts, including the U.S. Court of Appeals for the Fifth Circuit and the Texas Supreme Court. His practice also encompasses drafting dispositive motions and other trial briefs, formulating litigation strategies, and counseling clients in non-litigation contexts. He leads the Issues & Appeals practice in Dallas.

Thomas helps clients untangle complex legal issues, such as preemption, standing, federal jurisdiction, and the interplay of foreign and domestic law, across a broad range of industries and substantive disputes. In the Fifth Circuit, he has argued issues of constitutional and statutory interpretation, as well as the obligations of federal courts under an international treaty. Recent representations include the Fifth Circuit's reinstatement of a client's previously dismissed lawsuit on sovereign immunity grounds and the successful resolution of a contentious proxy dispute for the officer of a real estate investment trust (REIT) and affiliated entities. Before joining Jones Day, Thomas successfully argued in the Texas Supreme Court on behalf of a commercial tenant in Italian Cowboy Partners v. Prudential Insurance Company, which clarified an important area of Texas contract law.

Thomas is the Pro Bono Coordinator for the Firm's Dallas Office. Among other pro bono representations, he led the Jones Day team in obtaining (with co-counsel) a unanimous victory in Campbell v. Wilder, a high-profile access-to-justice case in the Texas Supreme Court. Thomas also serves on the board of directors for the Dallas Zoo.

Experience

  • Air Evac's summary judgment victory affirmed in Fourth CircuitJones Day represented Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac"), which sued the State of West Virginia seeking to enjoin it from applying limits on reimbursement for air ambulance services to patients who are either covered by workers' compensation insurance or public employee insurance, as well as from prohibiting "balance-billing" of policy-holders.
  • Air Evac wins full dismissal of consumer class action in West VirginiaJones Day is representing a network of life-saving emergency air transport carriers that includes Air Evac EMS, Inc. against claims filed in various jurisdictions around the country that allege the air ambulance carriers charge improper fees for their services.
  • Family Rehab can seek injunction against ongoing recoupmentsJones Day represented Family Rehabilitation, Inc. ("Family Rehab"), a home health provider, in a matter regarding the recoupment of alleged extrapolated Medicare overpayments.
  • Air Evac obtains affirmation of dismissal of putative class action by Tenth CircuitJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac") against claims filed on behalf of a putative class of consumers in Oklahoma alleging Air Evac charges improper fees for its services.
  • Air Evac's district court dismissal of putative class action affirmed in Eighth CircuitJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac") against claims filed on behalf of a putative class of consumers in Arkansas alleging Air Evac charges improper fees for its services.
  • Air Evac wins motion for summary judgment and permanent injunction against the State of TexasJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac"), an air ambulance carrier, in a federal lawsuit against various Texas state officials who administer the state's workers'-compensation system.
  • Med-Trans wins full dismissal of consumer class action in FloridaJones Day represents a network of life-saving emergency air transport carriers that includes Med-Trans Corp. (“Med-Trans”) against claims filed in various jurisdictions around the United States alleging that air ambulance carriers charge improper fees for their services.
  • SAP files DJ action in patent infringement dispute with Wellogix over computer softwareOn behalf of SAP America ("SAP"), Jones Day filed a patent infringement declaratory judgment action involving computer software, which is currently stayed in full pending the conclusion of reexamination proceedings filed by SAP in the USPTO involving the six patents-in-suit.
  • Legal experts and policymakers file amicus brief cited in Fifth Circuit death penalty caseIn 2015, Jones Day filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit, on behalf of a group of legal experts, conservative policymakers, and others opposed to the execution of a Texas death row inmate, Scott Panetti.
  • Procter & Gamble sells its beauty brands to Coty for $12.5 billionThe Procter & Gamble Company ("P&G") has merged its 43 beauty brands ("RMT Brands") of global salon professional hair care and color, retail hair color, cosmetics, and fine fragrance businesses, along with select hair styling brands with Coty Inc. in a Reverse Morris Trust transaction for $12.5 billion.
  • Indigent litigants win access-to-justice case in Texas Supreme CourtJones Day, working with public interest and other co-counsel on behalf of indigent litigants, obtained an important access-to-justice victory in the Texas Supreme Court.
  • Businesswoman arbitrates breach of shareholder's agreement claims at ICCJones Day represented a businesswoman and philanthropist seeking injunctive and monetary relief through arbitration before the International Chamber of Commerce (ICC) related to the breach of the shareholder's agreement for a company with operations in 17 countries in Latin America.
  • Client obtains Fifth Circuit affirmation of Hague Convention victoryOn July 22, 2014, the United States Court of Appeals for the Fifth Circuit affirmed Jones Day’s victory in Dallas federal court in an international child abduction case.
  • National Public Finance Guarantee Corporation and MBIA Insurance Corporation prevail on appeal in Harris County bond litigationJones Day represented National Public Finance Guarantee Corporation and won an appellate victory reversing the trial court’s ruling and reinstating claims related to approximately $1 billion in bonds issued by the Harris County-Houston Sports Authority ("Sports Authority") in connection with the construction and development of professional sports stadiums in Houston.
  • The following represents experience prior to joining Jones Day.

    Hall v. Douglas, et al. (Tex. App. -- Dallas 2012), led drafting of appellee's brief and presented oral argument in obtaining affirmance of summary judgment in favor of lender in complex real estate dispute. Plaintiffs had asserted a variety of claims against lender (along with other defendants), and sought damages in excess of $10 million, but the court of appeals affirmed summary judgment for all defendants.

    Paciwest, Inc. v. Warner Alan Properties, LLC (Tex. App. -- Fort Worth 2012), successfully argued for affirmance of $1.5 million judgment in favor of client, as well as successful cross-appeal for additional attorney's fees of more than $200,000, in long-running dispute over the sale of an apartment complex.

    Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. (Tex. 2011), led drafting of petition for review and merits briefs, and presented oral argument, on behalf of commercial tenant in successful petition to the Supreme Court of Texas. In reversing the court of appeals, the Texas Supreme Court agreed with the tenant that certain language in the parties' lease was best read as a type of standard merger clause. Accordingly, the language did not disclaim reliance on the landlord's misrepresentations about the condition of the leased property and thus, did not negate the tenant's fraud claim against the landlord.

    Speaking Engagements

    • February 2017
      The Nuts and Bolts of Motion Practice
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