Thomas P. McMahon - Shareholder
AREAS OF PRACTICE:
LICENSED IN :
Colorado
Michigan









Thomas P. McMahon
Shareholder

Phone: 303-573-1600
tmcmahon@joneskeller.com
1999 Broadway, Suite 3150
Denver, Colorado 80202
Summary

Tom McMahon is passionate about achieving justice for his clients. A passion for justice is what motivated him to become a lawyer, and it is the guiding force of his professional life. He represents individuals and businesses, as well as physicians and medical groups, that are being disadvantaged by larger competitors or are wrongly alleged to have violated the law. He also provides advice to clients on pro-competitive ways to achieve legitimate business ends beneficial to society as a whole. He considers himself incredibly fortunate in being able to pursue a career fulfilling his life-long passion.

In particular, Tom is dedicated to making the world safe for competition, one client and case at a time. His practice is concentrated in the areas of antitrust litigation and counseling; health care, class actions and other types of complex commercial litigation; and consulting and providing expert testimony with respect to attorneys' fees. He has won multi-million dollar lawsuits for plaintiffs and defendants at the trial and highest appellate levels of the federal and state judicial and administrative systems in Colorado and elsewhere around the country.

Tom has successfully handled virtually all types of competition-related issues under federal and state antitrust laws, including before the U.S. Supreme Court. He has extensive experience representing and advising physicians, medical groups and other health care entities regarding antitrust, competition, licensing, discipline, and privileging matters in federal, state and internal judicial and administrative proceedings. He also serves as lead, local and antitrust counsel in national, regional and state class action-type lawsuits. In other complex litigation, his experience encompasses matters as diverse as Constitutional rights under the federal Civil Rights Act; personal privacy under the federal Drivers Privacy Protection Act; government payments under the federal False Claims Act; counterfeit trade goods under the federal Lanham Act; joint operating agreements under the federal Newspaper Preservation Act; securities fraud under the 1933 and 1934 federal Securities Acts; and computer software under the Uniform Trade Secrets Act.

Recent Activity
  • Tom won a decision in the Colorado Court of Appeals on behalf of a Colorado Springs physician against a hospital. The appellate court reversed the lower court and upheld the physician’s right to sue the hospital over a faulty peer review process as soon as that administrative proceeding was completed. Crow v. Penrose-St. Francis Healthcare Sys., 2010 WL 3169839 (Colo. App. 2010). Tom then defeated the defendant hospital’s subsequent attempt to have the renewed litigation dismissed, obtaining an order to that effect from the El Paso County District Court in Colorado Springs on behalf of the physician client. The lawsuit will now proceed. Case No. 2008 CV 5607 (Nov. 21, 2011).

  • Tom acted as antitrust counsel on behalf of a Butte, Montana, physician in a lawsuit against a hospital that had excluded him from practicing there, leading to a multi-million dollar settlement in advance of trial. Cole v. St. James Healthcare Sys., No. DV-07–44 (Mont. 2d Jud. Dist. Ct. 2010).

  • Tom has filed an antitrust action in U.S. District Court in Denver on behalf of one off-campus dedicated student housing apartment community against another for conspiring to monopolize the rental of such facilities to first-time international and under-21 freshmen students at the University of Colorado - Denver. Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC, No. 10-cv-2516-ZLW-KLM (D. Colo. 2010). Tom then obtained an order from the federal district court in Denver denying the defendant’s attempt to have the case dismissed on state action antitrust immunity grounds. The lawsuit will now proceed with discovery. Civ. Action No. 10-cv-2516-WJM-KLM (Nov. 23, 2011).

Tom continues to be available to represent individuals and business entities in trials and appeals in federal and state courts, before federal and state administrative tribunals and regulatory agencies, and in mediations and arbitrations.


FULL PROFILE