flanagan partners
flanagan partners

thomas flanaganThomas Flanagan

tflanagan@flanaganpartners.com

Overview
Thomas Flanagan concentrates his practice in complex business litigation and civil appeals in the state and federal courts of Louisiana. Mr. Flanagan has substantial experience in all aspects of business litigation, including contract claims, unfair trade practices, corporate and shareholder disputes, antitrust suits, securities and banking cases, and health-care disputes.

A member of the American Law Institute, Mr. Flanagan is an adjunct associate professor at Tulane Law School, where he has taught Civil Law Torts since 2007. He was an assistant bar examiner in the areas of business entities and negotiable instruments from 2000-13. He also served as the President of the Federal Bar Association – New Orleans Chapter in 2004–05, and was as an elected member of the House of Delegates of the Louisiana State Bar Association from 2001–07.

Mr. Flanagan graduated magna cum laude from Georgetown University in 1986. He earned his law degree summa cum laude at Tulane Law School, where he was first in his 1989 graduating class. After law school, he clerked for the late John Minor Wisdom on the United States Court of Appeals for the Fifth Circuit.

Recent First-Chair Jury Experience

  • Shelton v. Southern University Bd. of Supervisors (June 2012)
    Defense of the former Southern University board chairperson in this First Amendment retaliation case. After a three-day jury trial in the Middle District of Louisiana (Baton Rouge), the district judge granted the defense a judgment as a matter of law and dismissed all claims.

  • Contogouris v. WestPac Resources, LLC (June 2012), judgment affirmed, Contogouris v. Pacific West Resources, L.L.C., 2013 WL 6623552 (5th Cir. 2013)
    Representation of a company owned by a renowned actor/director in this $18 million federal securities-fraud case arising from the Gulf oil spill. The plaintiffs were actor Stephen Baldwin and another investor. After a two-week trial in the Eastern District of Louisiana (New Orleans), the jury rejected the plaintiffs’ claims in their entirety and awarded them nothing. The court then denied the plaintiffs’ motion for a new trial and ordered them to pay the defendants over $60,000 in court costs. The U.S. Fifth Circuit affirmed the jury's verdict in its entirety.

  • BizCapital Business & Industrial Development Corp. v. Union Planters Corp. (March 2010)
    Representation of the plaintiff in this multi-million-dollar business dispute in Civil District Court in New Orleans. After a five-day jury trial and a verdict, the case settled on confidential terms.

  • Active Solutions, LLC v. Dell, Inc. (September - November 2009)
    Six-week jury trial in Civil District Court (New Orleans) representing defendants NetMethods, LLC and Veracent, LLC against developers/manufacturers of crime-camera technology. In this high-profile trade secrets/trade practices case, Mr. Flanagan took the lead role in challenging the plaintiffs’ trade-secrets claim, which the jury rejected entirely. The plaintiffs’ demand in closing argument was for $5 billion. The jury awarded them only 2/10 of 1% of that sum.

Recent Appellate Experience

  • Sabillon v. Max Specialty Ins. Co. (La. App. 4th Cir. 2014)
    Representing an injured plaintiff on appeal, defended the lower court's award of $4.66 million in damages. The appellate court unanimously affirmed.

  • Moreno v. Entergy Corp. (La. 2012)
    Representing Entergy post-judgment in a case of first impression, obtained a unanimous reversal by the Supreme Court of a lower-court opinion construing the Overhead Power Line Safety Act, La. R.S. 45:141–146, in a manner adverse to utility companies’ interests.

  • C.R. Pittman Construction Co. v. National Fire Insurance Co. of Hartford (5th Cir. 2011)
    Enrolling on appeal to represent the plaintiff, successfully petitioned the U.S. Fifth Circuit Court of Appeals to reverse a summary judgment dismissing a $4 million property-damage claim.

  • Rainey v. Entergy Gulf States, Inc. (La. 2010)
    Representing an Entergy subsidiary before the Supreme Court in a serious personal-injury case, successfully defended a divided appeals-court decision dismissing the plaintiff’s case.

  • Benefit Recovery, Inc. v. Donelon (5th Cir. 2008)
    Representing the Louisiana Commissioner of Insurance, defended a regulatory directive embracing the “make whole” and Moody doctrines in the health-insurance field against an ERISA-preemption challenge.

Other Recent Engagements

  • Representing a national title-insurance underwriter against a venture-capital firm’s $17 million claim allegedly arising from a defective mortgage.

  • Representing the majority shareholder/officer/director of a real estate holding company in a suit alleging breach of fiduciary duty.

  • Representing an oilfield-service company in litigation against investors who promised to acquire the company and related assets for more than $10 million.

  • Representing, as appellate counsel, an independent mineral-exploration company ordered to pay millions in contract-based damages.

  • Representing a law firm in a contractual dispute over a multi-million-dollar legal fee.

  • Representing, as local counsel, a national manufacturer of swimming-pool products in multi-district litigation in which the plaintiffs allege antitrust violations.

  • Representing a public university in high-profile litigation in which the plaintiffs seek to impose liability on the school for the consequences of off-campus, prohibited hazing activities.

  • Representing, as appellate counsel, a regional utility in multiple challenges to seven-figure personal-injury judgments.

  • Representing a national emergency-room staffing company in antitrust litigation.

  • Representing a Medicare Advantage entity in litigation against health-care providers. The providers seek to impose liability for a third party’s alleged breach of down-stream service contracts.

Other Professional Experience

  • Tulane Law School, Adjunct Faculty teaching Civil Law Torts (2007–present), Trial Advocacy (2000–06)

  • Law clerk to the late Hon. John Minor Wisdom, United States Court of Appeals for the Fifth Circuit (1989–90)

Professional Recognition

  • Best Lawyers in America, Appellate Practice (2008–14), Commercial Litigation (2013-14)

  • Top 50, Louisiana Super Lawyers® (2009–14)

  • AV® Preeminent TM Peer Review Rated in Martindale-Hubbell

  • Flanagan Partners, LLP – Tier 1 ranking – U.S. News/Best Lawyers (2013)

Professional and Civic Affiliations

  • Member, American Law Institute

  • President, Federal Bar Association – New Orleans Chapter (2004–05)

  • Member, Tulane Law Review Board of Advisory Editors

  • Member, Louisiana State, Federal, and New Orleans Bar Associations

  • Member, House of Delegates, Louisiana State Bar Association (2001–07)

  • Director, St. Thomas More Catholic Lawyers Association (2003–07)

  • Assistant Bar Examiner, Business Entities and Negotiable Instruments

  • Director, Tulane/Canal Neighborhood Development Corporation

Publications/Articles

  • Constitutional Law: Fifth Circuit Symposium, 37 LOYOLA L. REV. 631 (1991).

  • Constitutional Law: Fifth Circuit Symposium, 42 LOYOLA L. REV. 491 (1996).

Education

  • Tulane Law School, New Orleans, Louisiana (J.D., summa cum laude, 1989)

  • Recipient, Faculty Medal: highest cumulative average

  • Articles Editor, Tulane Law Review

  • Georgetown University, Washington, D.C. (A.B., magna cum laude, 1986)

Representative Cases

  • Moreno v. Entergy Corp., 105 So. 3d 40 (La. 2012)

  • Contogouris v. WestPac Resources, LLC, 2012 WL 3017521 (E.D. La. July 23, 2012)

  • C.R. Pittman Construction Co. v. National Fire Insurance Co. of Hartford, 453 Fed. Appx. 439 (5th Cir. 2011)

  • Moreno v. Entergy Corp., 62 So. 3d 704 (La. 2011)

  • Dean v. Entergy Louisiana, LLC, 2010-887 (La. App. 5th Cir. 10/19/2010)

  • Rainey v. Entergy Gulf States, Inc., 35 So. 3d 215 (La. 2010)

  • Stone v. Entergy Services, Inc., 9 So. 3d 193 (La. App. 4th Cir. 2009)

  • Benefit Recovery, Inc. v. Donelon, 521 F.3d 326 (5th Cir. 2008)

  • Neikirk v. Resource Management, Inc., 983 So. 2d 106 (La. App. 5th Cir. 2008)

  • In re Crutcher-Tufts Resources, Inc., 504 F.3d 535 (5th Cir. 2007)

  • Abraham v. Richland Parish Hosp. Serv. Dist. 1-B, 938 So. 2d 1163 (La. App. 2d Cir. 2006), writ denied, 948 So. 2d 124 (La. 2007)

  • Louisiana Health Service & Indemnity Co. v. Rapides Healthcare System, 461 F.3d 529 (5th Cir. 2006)

  • Whitley v. Regional Transit Authority, 913 So. 2d 169 (La. App. 4th Cir. 2005)

  • Crutcher v. Tufts, 898 So. 2d 529 (La. App. 4th Cir. 2005)

  • BizCapital Business & Industrial Development Corp. v. Union Planters Corp., 884 So. 2d 623 (La. App. 4th Cir. 2004), writ denied,s889 So. 2d 267 (La. 2005)

  • In re Tufts Oil and Gas-III, 871 So. 2d 476 (La. App. 5th Cir. 2004)

  • Royal Street Grocery, Inc. v. Entergy New Orleans, Inc., 811 So. 2d 120 (La. App. 4th Cir. 2002)

  • In re Transit Management of Southeast Louisiana, Inc., 311 N.L.R.B. 30 (2000)

  • Thornton v. General Motors Corp., 136 F.3d 450 (5th Cir. 1998)

  • Production Supply Co. v. Fry Steel, Inc., 74 F.3d 76 (5th Cir. 1996)

  • Acme Refrigeration Supplies, Inc. v. Acme Refrigeration of Baton Rouge, 961 F. Supp. 936 (E.D. La. 1996)

  • Diez v. Daigle, 686 So. 2d 966 (La. App. 4th Cir. 1996)

  • IP Timberlands Operating Co., Ltd. v. Denmiss Corp., 657 So. 2d 282 (La. App. 1st Cir. 1995)

  • Fayard v. Landry, 651 So. 2d 1370 (La. App. 5th Cir. 1995)

  • United States v. Cavin, 39 F.3d 1299 (5th Cir. 1994)


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and should not be construed as such.