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.
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.
Texas High Court Finds Texas Uniform Trade Secrets Act Can Exclude Opposing Party from Injunction Proceedings
Antitrust Alert: Professional Rodeo Cowboys Association Bucks Antitrust Claims by Elite Rodeo Association
Antitrust Alert: American Quarter Horse Association Can Ban Cloned Horses, Says Fifth Circuit, Rejecting Antitrust Challenge
- February 2017
The Nuts and Bolts of Motion Practice
- Harvard University (J.D. cum laude 1999; Notes Editor, Harvard Law Review); Yale University (B.A. in English magna cum laude 1994)
- Texas; U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas; and U.S. Courts of Appeals for the Second and Fifth Circuits
Impact Award, Poverty Law Section, State Bar of Texas (2017)
D Magazine "Best Lawyers in Dallas" (2017, 2015)
- Law Clerk to the Honorable Will Garwood, U.S. Court of Appeals, Fifth Circuit (1999-2000)