Overview

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Thomas M. 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 commercial litigation, including contract claims, unfair trade practices, and shareholder disputes, RICO claims, antitrust suits, securities claims, and healthcare disputes. Named by Best Lawyers® as the 2020 New Orleans “Lawyer of the Year” for Bet-the-Company litigation, he is a seasoned trial lawyer to whom companies and individuals turn in high-stakes litigation. In a recent profile, Chambers USA reported on Mr. Flanagan: “His peers commend his advocacy skills.” One source stated: “He has a very sincere, likable way about him in front of the jury. He is outstanding.” Another confirmed that he is “bright, focused and tenacious.”  Yet, another interviewee noted: He is “one of the finest lawyers I have ever encountered – extremely well prepared, bright and one of the most impressive presenters I’ve seen” and “just re-lates really well with judges and juries.”

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Mr. Flanagan is a fellow of the American Academy of Appellate Lawyers. He maintains an active appellate docket and lectures frequently in the area of appellate practice. He is the past-president of the Bar Association of the Fifth Federal Circuit. Mr. Flanagan was named the 2024 New Orleans Appellate Practice “Lawyer of the Year” by Best Lawyers® – the fourth time since 2015. 

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Mr. Flanagan is an Adjunct Professor at Tulane Law School, where he teaches Civil Law Torts, the president-elect of the New Orleans Bar Association, and a member of the American Law Institute.

First-Chair Jury Experience

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• Civil District Court, Orleans Parish. Defense of an apartment complex owner in this negligence case. After a three-day jury trial, the jury allocated only 15% fault to the defendant.

• Middle District of Louisiana. Defense of the former board chair 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. The U.S. Fifth Circuit affirmed the ruling.

• Eastern District of Louisiana. Representation of an environmental  remediation company in this $18 million federal securities fraud case arising from the Gulf oil spill. The plaintiffs were former investors. After a two-week trial in the Eastern District of Louisiana (New Orleans), the jury rejected the plaintiffs’ claims.

• Civil District Court, Orleans Parish. Representation of the plaintiff in this multimillion dollar business dispute against a large bank. After a five-day jury trial and a verdict, the case settled on confidential terms.

• Civil District Court, Orleans Parish. Representing local technology companies against developers/ manufacturers of crime-camera technology. After a six-week trial, in which Mr. Flanagan took the lead role in challenging the plaintiffs’ trade secrets claim, the jury rejected the trade secrets claim entirely.

Recent Appellate Experience​

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• U.S. Fifth Circuit Court of Appeals (2023). Representing the plaintiffs on appeal, secured the reversal of a judgment that expansively interpreted the preemptive scope of the of LHWCA.

• U.S. Fifth Circuit Court of Appeals (2023). Representing government entities on appeal, briefed and defeated petitions for writs of mandamus seeking transfer to a distant venue.

• Louisiana Supreme Court (2023). Representing a commercial party, obtained the reversal of a fee award on the basis that the opposing party had materially breached the contract and thus forfeited its right to enforce the obligation. 

• Louisiana Supreme Court (2021). Obtaining the reversal of both the district and appellate courts, secured the pretrial dismissal of high-profile defamation claims against a senior government official.

• U.S. Fifth Circuit Court of Appeals (2020). Representing an arbitrator sued by a party, successfully obtained an affirmance of a motion to dismiss premised on the exclusive remedies available to arbitrating parties who challenge adverse results.

• Louisiana Supreme Court (2019). Appellate counsel challenging an appeals court ruling denying a motion to compel arbitration; obtained summary reversal.

• Louisiana Supreme Court (2017). Serving as co-counsel for the petitioner in a res nova matter concerning revised tax sale legislation, successfully obtained the reversal of an unfavorable appellate ruling.

• Louisiana First Circuit Court of Appeal (2017). Representing the defendant/appellant in this personal injury matter, obtained the complete reversal of one claim and a 60% reduction in damages awarded for a second claim.

• Louisiana First Circuit Court of Appeal (2016). Representing the defendant/appellant, obtained the complete reversal of a precedent-settling award under the Louisiana Unfair Trade Practice and Consumer Protection Act.

• Louisiana Supreme Court (2014). Representing the petitioner in an oil and gas dispute, obtained the reversal in part of a large judgment based on an option agreement and the resuscitation of the petitioner’s reconventional demand against the respondents.

• Louisiana Supreme Court (2014). Representing a plaintiff in a putative class action against a major health insurer, enrolled after the Louisiana Supreme Court granted the insurer’s writ application and docketed the case for full review. After oral argument, prevailed in a 5-2 ruling that allowed the insured to sue the health insurer for contract liability arising from an in-network provider’s balance-billing.

• U.S. Fifth Circuit Court of Appeals (2014). Representing a national title insurer, successfully won on summary judgment the dismissal of a venture capital firm’s claim against the title insurer for reimbursement of a $10 million loan balance. The Fifth Circuit unanimously affirmed the judgment.

• Louisiana Fourth Circuit Court of Appeal (2014). Representing an injured plaintiff on appeal, defended the lower court’s award of $4.66 million in damages. The appellate court unanimously affirmed appellee.

• Louisiana Supreme Court (2012). Representing a public utility company post-judgment in a case of first impression, obtained the 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.

• U.S. Fifth Circuit Court of Appeals (2011). Enrolling on appeal to represent the plaintiff, successfully petitioned the Fifth Circuit to reverse a summary judgment dismissing a $4 million property damage claim.

• Louisiana Supreme Court (2010). Representing the defendant before the Supreme Court in a serious personal injury case, successfully defended a divided appeals court decision dismissing the plaintiff’s case.

Other Recent Engagements

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• Representing on appeal a Fortune 500 company challenging a $125 million judgment in a contract case.

• Representing appellees against taxing authorities seeking nearly $100 million allegedly due back taxes and penalties for internet‒based services.

• Serving as embedded appellate lawyer on behalf of a manufacturer alleged to be responsible for a catastrophic fire and explosion.

• Representing a minority owner of a Delaware general partnership, defeated the defendant’s effort to remove the case to federal court and, after motion practice, secured the defendant’s voluntary compliance with the plaintiff’s requests.

• Representing a Fortune 500 manufacturer in insurance coverage litigation seeking compensation for tens of millions of dollars in property damage.

• Representing hospitals in litigation, against a major health insurer, seeking compensation for tens of millions of dollars in underpayments for medical services.

• Representing a closely held firm against claims alleging trade secret violations and tortious interference with the development of a petrochemical facility.

• Representing businesses accused of violating state antitrust laws and federal RICO statutes and resisting alleged damages exceeding $200 million.

• Representing the co-founder of a national franchisor in contract-based litigation.

• 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 breached a promise to acquire the company and related assets.

• 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 multimillion 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 regular appellate counsel, a Fortune 500 company in multiple challenges to seven-figure personal injury judgments.

 

Representative Cases

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• McLin v Twenty-First Judicial District Court, -- F.4th --- (5th Cir. 2023)

• Barrosse v. Huntington Ingalls, Inc., -- F.4th --- (5th Cir. 2023)

• 1026 Conti Holding, LLC v. 1025 Bienville, LLC., -- So. 3d --- 2022-01288 (La. 5/4/23)

• Stuart Services, LLC v. Nash Heating & Air Conditioning, Inc., 357 So. 3d 337 (La. 3/14/23)

• BP Gulf Coast LNG, LLC v. Sabine-Neches Nav. Dist. Of Jeff. Cty., Tex., 49 F.4th 420 (5th Cir. 2022) (for amicus curiae)

• Hicks v. USAA Gen Indem. Co., 339 So. 3d 1106 (La. 2022) (for amicus curiae)

• Johnson v. Purpera, 320 So. 3d 374 (La. 2021)

• Par. of Plaquemines v. Chevron USA, Inc. 7 F.4th 362 (5th Cir. 2021)(for amicus curiae)

• Stelly v. Duriso, 982 F.3d 403 (5th Cir. 2020) (court-appointed)

• Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286 (5th Cir. 2020)

• Texas Brine Co., v. American Arb. Assn., Inc., 955 F.3d 482 (5th Cir. 2020)

• Atocha St. Charles, LLC v. Terpsichore Props., LLC, 294 So. 3d 1082 (La. App. 4 Cir. 2020)

• Berotte v. Bechtel OG & C Construction Services, Inc., 266 So. 3d 895 (La. 2019)

• Central Props. v. Fairway Gardenhomes, LLC, 225 So. 3d 441(La. 2017)

• Krieger v. USDT Properties/ Mut. of Omaha Bank, 199 So. 3d 1194 (La. App. 1st Cir. 2016)

• Blanks v. Entergy Gulf States La., LLC, 189 So. 3d 599 (La. App. 3d Cir. 2016)

• Slaughter v. Bd. of Supervisors of Southern Univ. and Agr. & Mech. College, 197 So. 3d 165 (La. App. 1st Cir. 2016)

• Olympia Minerals, LLC v. HS Res., Inc., 171 So. 3d 878 (La. 2014)

• Emigh v. West Calcasieu Cameron Hosp., 145 So. 3d 369 (La. 2014)

• In re West Feliciana Acquisition, LLC, 744 F.3d 352 (5th Cir. 2014)

• Sabillon v. Max Specialty Ins. Co., 137 So. 3d 707 (La. App. 4th Cir. 2014)

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

• Contogouris v. WestPac Res., LLC, 856 F. Supp. 2d 846 (E.D.La. 2012)

• C.R. Pittman Constr. Co. v. National Fire Ins. Co. of Hartford, 453 F. App’x. 439 (5th Cir. 2011)

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

• Dean v. Entergy LA., LLC, 2010-887 (La. App. 5th Cir. 2010)

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

• Stone v. Entergy Servs., 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 Mgmt., Inc., 983 So. 2d 106 (La. App. 5th Cir. 2008)

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

• Abraham v. Richland Par. Hosp. Serv. Dist. 1-B, 938 So. 2d 1163 (La. App. 2d Cir. 2006)

• Louisiana Health Serv. & Indem. Co. v. Rapides Healthcare Sys., 461 F.3d 529 (5th Cir. 2006)

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

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

• BizCapital Bus. & Indus. Dev. Corp. v. Union Planters Corp., 884 So. 2d 623 (La. App. 4th Cir. 2004)

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

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

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

• Thornton v. General Motors Corp., 136 F.3d 450 (5th Cir. 1998)
  Prod. 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 Op. Co., 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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​News & Recognition

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• Best Lawyers in America®, New Orleans Appellate Practice “Lawyer of the Year” (2015, 2018, 2021, 2024)

• Best Lawyers in America®, New Orleans “Lawyer of the Year” for Bet-the-Company Litigation (2020)

• Best Lawyers in America®: Bet-the-Company Litigation (2015-2024), Appellate Practice (2008-2024), Commercial Litigation (2013-2024)

• Band 1, Chambers USA, Louisiana General Commercial Litigation (2022-2024)

• Top 10 List: Louisiana Super Lawyers® (2024)

• Top 50 List: New Orleans Super Lawyers® (2013-2024)

• Litigation Star, Louisiana, Benchmark Litigation (2016-2024)

• Recipient, Arceneaux Professionalism Award, New Orleans Bar Association (2017)