Thomas Allen is an accomplished advocate, counselor, and problem-solver. With more than 19 years of experience in complex civil and appellate litigation, he 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. Thomas works closely with trial attorneys and formulates strategies at all stages of litigation. He also counsels clients in non-litigation contexts, such as corporate transactions and compliance, to assess legal risk and mitigate potential exposure.
Thomas brings a creative, forward-looking approach to his practice, and has achieved groundbreaking results. Before joining Frost Brown Todd, he successfully argued in the Fifth Circuit on behalf of a healthcare provider challenging the federal governments recoupment of Medicare payments—resulting in the bellwether opinion of Family Rehabilitation v. Azar. Thomas played a principal role in achieving a unanimous Texas Supreme Court victory for a group of indigent litigants in Campbell v. Wilder, a high-profile access-to-justice case. And he successfully argued in the Texas Supreme Court for a commercial tenant in Italian Cowboy Partners v. Prudential Insurance Co., which clarified an important area of Texas contract law.
Thomas is committed to pro bono and community service. In 2017, he was a recipient of the “Impact Award” by the Poverty Law Section of the State Bar of Texas. Thomas also serves on the Board of Directors for the Dallas Zoo.
November 5, 2019
As lead appellate counsel, argued on behalf of healthcare provider in Family Rehabilitation v. Azar (5th Cir. 2018), resulting in groundbreaking ruling for provider in its dispute with the federal government over recoupment of Medicare payments.
Represented network of air ambulance providers in coordinated litigation across multiple jurisdictions involving complex issues of federal preemption and insurance regulation.
Represented hospital and parent corporation in appeal by former employees, who had sought to overturn the summary judgment dismissing their employment-discrimination and retaliation suit. The Fifth Circuit affirmed.
In the El Paso Court of Appeals, successfully argued for affirmance of summary judgments for oil and gas operator in two related suits over sales of mineral interests.
Advised consumer goods corporation in connection with sale of over 40 brands in a transaction worth $12.5 billion.
Successfully represented software company in Fifth Circuit appeal arising from complex intellectual property dispute. The Fifth Circuit affirmed summary judgment for the company in trade secrets case based on a contractual forum selection clause.
Successfully argued in the Texas Supreme Court on behalf of a commercial tenant in its dispute with landlord over condition of leased property.
Represented indigent litigants in successful petition to the Texas Supreme Court in high-profile access-to-justice case.
Successfully argued in the Fort Worth Court of Appeals for affirmance of $1.5 million judgment in favor of client, as well as cross-appeal for additional attorneys fees of more than $200,000, in long-running dispute over the sale of an apartment complex.
Harvard University, J.D. 1999
Notes Editor, Harvard Law Review
Yale University, 1994, B.A. in English
magna cum laude
Law Clerk to the Honorable Will Garwood, U.S. Court of Appeals, Fifth Circuit (1999-2000)
U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas
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)
Council Member, Appellate Section of the State Bar of Texas (2014-2017)
Dallas Bar Association