Thomas P. McMahon

Thomas P. McMahon: Attorney with Jones & Keller A Professional Corporation AV stamp icon
Attorney Awards

Biography

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.

Experience

Tom served four years as a JAG Officer in the U.S. Air Force, where he was a member of the Trial Judiciary. In that capacity he served as Area Defense Counsel while stationed at Clark AB, Philippines, the Air Force's most active overseas court-martial jurisdiction. He was then stationed at Lowry AFB, Colorado, the Air Force's most active stateside court-martial jurisdiction, where he served as Circuit Defense Counsel, one of only eleven such positions in the entire Air Force.

Significant Representations

Federal Cases

- Cmty. Commc'ns Co. v. City of Boulder, 455 U.S. 40 (1982), rev'g 630 F. 2d 704 (10th Cir. 1980), rev'g 485 F. Supp. 1035 (D. Colo. 1980) ("Boulder I")

- Miller v. Image Data, LLC, 91 Fed.Appx. 122, 2004 WL 326998 (10th Cir. Feb. 23, 2004)

- Paladin Assocs., Inc. v. Mont. Power Co., 328 F.3d 1145 (9th Cir. 2003), aff'g 97 F. Supp. 2d 1013 (D. Mont. 2000)

- Colo. v. Western Paving Constr. Co., 833 F. 2d 867 (10th Cir. 1987), panel decision vacated (per curiam) by an equally divided court, 841 F. 2d 1025 (10th Cir.) (en banc), reinstating judgment in 630 F. Supp. 206 (D. Colo. 1986); cert. denied, 488 U.S. 870 (1988).

- Cmty. Commc'ns Co. v. City of Boulder, 660 F. 2d 1370 (10th Cir. 1981), rev'g 496 F. Supp. 823 (D. Colo. 1980); cert. dismissed, 456 U.S. 1001 (1982) ("Boulder II")

- BEAL Corp. Liquidating Trust v. Valleylab Inc., 927 F. Supp. 1350 (D. Colo. 1996)

- Abrams v. S.E. Mun. Bonds, Inc., [1991 Transfer Binder] Fed. Sec. L. Rep. (CCH) 96,055 (D. Colo. 1991)

- Abrams v. S.E. Mun. Bonds, Inc., [1990-91 Transfer Binder] Fed. Sec. L. Rep. (CCH) 95,757 (D. Colo. 1990)

- In re Ins. Antitrust Litig., 723 F. Supp. 464 (N.D. Calif. 1989), rev'd, 938 F.2d 919 (9th Cir. 1991), aff'd in part, rev'd in part sub nom. Hartford Fire Ins. Co. v. California, 509 U.S. 764 (1993)

- Colo. v. Asphalt Paving Co., 1987-1 Trade Cas. (CCH) 67,473 (D. Colo. 1987)

- Colo. v. Goodell Bros., Inc., 1987-1 Trade Cas. (CCH) 67,476 (D. Colo. 1987)

- Colo. v. Goodell Bros., Inc., 1986-2 Trade Cas. (CCH) 67,236 (D. Colo. 1986)

- Colo. v. Schmidt-Tiago Constr. Co., 108 F.R.D. 731 (D. Colo. 1985)

- Colo. v. Popejoy Constr. Co., 1985-1 Trade Cas. (CCH) 66,372 (D. Colo. 1984)

- Colo. v. Best-Way Paving Co., 1984-2 Trade Cas. (CCH) 66,259 (D. Colo. 1984)

State Cases

- Crow v. Penrose-St. Francis Healthcare System, 169 P.3d 158 (Colo. 2007)

- Clinch v. Heartland Reg'l Med. Ctr.,187 S.W.3d 10 (Mo.App. 2006)

- Colo. Spgs. Bd. of Realtors v. State, 780 P.2d 494 (Colo. 1989)

- People ex rel. Woodard v. Colo. Spgs. Bd. of Realtors, 692 P. 2d 1055 (Colo. 1984)

Honors / Distinctions

- 2011 Super Lawyers, Business Edition - Antitrust Litigation

- 2010 Colorado Super Lawyer - Antitrust Litigation

Appearances

- PBS, MacNeil-Lehrer Report, "Taking Cities to Court" (1982)

- NBC, Today Show, "Retail Price Maintenance" (1981)

Legislative Testimony

- 58th Colorado General Assembly, 2nd Regular Session, Senate Government Affairs and House Judiciary Committees, HB 92-1082, "Colorado Antitrust Act of 1992" (1992)

- 54th Colorado General Assembly, 2nd Regular Session, Highway Legislative Review Committee, SB 84-23, "Amendments to Colorado Restraint of Trade and Commerce Act" (1984)

Presentations

Miscellaneous

- World Research Group, Overcoming the Impact of Payer Consolidation in Hospital managed Care Contracting, "Antitrust Implications of Payer Consolidation: Can Hospitals Challenge New, Jointly-Marketed Products and If So, How?" (2007)

- Lorman Education Services, Health Insurance Basics, "FTC Actions Involving Health Care Providers and Negotiating Health Insurance Contracts" (2003)

- Federal Trade Commission, Antitrust Health Care Conference, "The Role of Private Antitrust Counsel in Private Health Care Antitrust Enforcement" (1996)

- Pacific Northwest Attorneys General, "Investigation and Litigation of Highway Bidrigging Cases" (1988)

- Continuing Education Services, Antitrust for the Business Counselor: Prevention Strategies and Risk Analysis, "State and Federal Enforcement Trends" (1988)

- American Public Power Association, "Swords and Shields (II)" (1985)

- Tennessee Valley Authority Public Power Association, "Swords and Shields" (1984)

- Ohio State Bar Association, 1982 Antitrust Institute, "Antitrust Defenses -- State Action 'Immunity' and the Noerr-Pennington' Exemption'" (1982)

- National Conference of State Legislatures, "State Action Immunity and Subordinate Governmental Entities" (1982)

Colorado Bar Association

- Antitrust Subsection, " 'Predatory' Pricing: What is it in Theory, Does it Really Exist, and Can it be Proven?" (1996)

- Antitrust Subsection/Patent, Trademark & Copyright Section /Technology and the Law Committee, "Surfing the Information Super Highway Without Drowning: Licensing, Protection and Antitrust Issues in Today's High Technology Markets" (1995)

- Antitrust Subsection, "Antitrust Enforcement Under the Clinton Justice Department," panel member (1993)

- Antitrust Subsection, Practical Pointers in Trying an Antitrust Case, "Establishing the Relevant Market Through Expert Economic Testimony" (1994)

- Business Law Section, "The New 'Colorado Antitrust Act of 1992' -- An Overview of What Every Business Lawyer Should Know" (1992)

- Antitrust Subsection, "The New 'Colorado Antitrust Act of 1992' -- Three Crucial Enhancements" (1992)

- Securities Subsection, "Securities Fraud Litigation Arising Out of Colorado Special District Bond Defaults" (1991)

- Antitrust Subsection, "Resale Price Maintenance Revisited" - Moderator (1991)

- Antitrust Subsection, "Update on In re Ins. Indus. Antitrust Litig." (1990)

- Antitrust Subsection, "Unfair Competition - Selling Below Cost and Price Discrimination" (1989)

- Antitrust Subsection, "Vertical Restraints/Dealer Terminations" (1988)

American Bar Association

- Antitrust Law Section 43rd Annual Spring Meeting, State Antitrust Enforcement Committee "Defending a State Criminal Antitrust Investigation and Prosecution - A Defense Perspective" (1995)

- Antitrust Law Section 42nd Annual Spring Meeting, Trial Demonstration "Proving Relevant Market to a Jury in a Rule of Reason Case" (1994)

- Antitrust Law Section, Labor Committee, "Report on Colo. v. Colo. Union of Physicians and Surgeons" (1991)

- Local Government Section, "National Institute on Antitrust and Local Governments" (1983)

Continuing Legal Education in Colorado, Inc.

- Business Law Symposium, "The New 'Colorado Antitrust Act of 1992' -- An Overview of What Every Business Lawyer Should Know" (1993)

- The New "Colorado Antitrust Act of 1992" -- What Every Judge, Business Lawyer, Corporate Counsel and Litigator Should Know, "An Overview of Significant Provisions" (1993)

- Lurking Liability in Business Practice, "The Lawyer as an Antitrust Defendant" (1992)

- Colorado Antitrust and the Health Care Field, "The Rise of State Law Enforcement Actions and the Civil Investigation" (1989)

National Association of Attorneys General

- State Antitrust Enforcement Conference, "Antitrust in the 90s: Basics and Beyond II - Defenses, Exemptions and Tying arrangements" (1989)

- Civil RICO Western Regional Conference," Avoiding Litigation Pitfalls in Discovery" (1989)

Publications

- "Physician-Controlled Network Joint Ventures: Antitrust Considerations," 24 The Colorado Lawyer 1551 (1995)

- "The 1992 Colorado Antitrust Act: Per Se Bid Rigging and Key Issues," 22 The Colorado Lawyer 2229 (1993)

- Point/Counterpoint, "New Antitrust Protection: Pro -- Measures Protect Retail Competition," The Denver Post, March 22, 1988, at 2D

- "Colorado Antitrust Law Seven Years Later," 13 The Colorado Lawyer 1808 (1984)

- "Antitrust and Due Process: State Regulation of Occupation Licensing," in Swords and Shields: An Antitrust Handbook for Municipal and Cooperative Utilities (1984)

- "Colorado Antitrust Law Seven Years Later: Back on Course and Two-Thirds of the Way to the Big-Time," National Association of Attorneys General ("NAAG") Antitrust & Commerce Report (June 1984)

- "Recent Significant Developments in 'State Action' and Noerr-Pennington Exemptions: From Boulder to the 'Sham' Exception," 14 U. Tol. L. Rev. 531 (1983)

- "City of Boulder Revisited," NAAG Antitrust Report (October 1982)

- "An Antitrust Enforcement Reply to the So-Called 'Need' for Contribution Legislation," NAAG Antitrust Report (April 1982)

- "Recent Federal Litigation Relating to Customer-Bank Communication Terminals ('CBCTs') and The McFadden Act," 32 The Business Lawyer 1657 (1977)

- "Off-Premises Customer-Bank Communication Terminals: New Growth on the Old 'Branch' Doctrine," 6 The Colorado Lawyer 25 (1977)

Professional and Community Affiliations

- American Bar Association: Antitrust Law Section, Health Care Section, Litigation Section

- Colorado Bar Association; Business Law Section, Antitrust Law Subsection

- Denver Bar Association

- Evergreen Chamber of Commerce

Areas of Practice (3)

  • Antitrust
  • Healthcare
  • Litigation

Education & Credentials

Contact Information:
303-872-7551  Phone
303-573-1600  Phone
www.ColoradoAntitrustLaw.com
www.joneskeller.com
University Attended:
Michigan State University, B.A., with high honor, Merit Scholar, 1964-68, The Honors College, 1965-68, 1968
Law School Attended:
University of Michigan, J.D., cum laude, Order of the Coif, Michigan Law Review, Note and Comment Editor, vol. 69, 1971
Year of First Admission:
1971
Admission:
U.S. Court of Appeals, 9th Circuit; U.S. Court of Military Appeals; U.S. Court of Appeals, 10th Circuit; U.S. District Court, District of Colorado; U.S. District Court, Eastern District of Michigan; U.S. District Court, Northern District of California; Colorado Supreme Court; 1976, Colorado; 1971, Michigan; U.S. Supreme Court
Military:
Captain, U.S. Air Force JAG Corps, 1971-1975
Circuit Defense Counsel, USAF Trial Judiciary, 1974-1975
Area Defense Counsel, USAF Trial Judiciary, 1974
Reported Cases:
U.S. SUPREME COURT

Cmty. Comm'cns Co. v. City of Boulder, 455 U.S. 40 (1982); rev'g 630 F. 2d 704 (10th Cir. 1980), rev'g 485 F. Supp. 1035 (D. Colo. 1980) ("Boulder I")

U.S. COURTS OF APPEALS

Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC, ___ F.3d ___, 2013 WL 49596 (10th Cir. 2013), dismissing appeal from 825 F. Supp. 1072 (D. Colo. 2011)

Christy Sports, LLC v. Deer Valley Resort Co., 555 F.3d 1188 (10th Cir. 2009)

Miller v. Image Data, LLC, 2004 WL 326998 (10th Cir. Feb. 23, 2004)

Paladin Assocs., Inc. v. Mont. Power Co., 328 F.3d 1145 (9th Cir. 2003), aff'g 97 F. Supp. 2d 1013 (D. Mont. 2000)

Cmty Commun'cs Co. v. City of Boulder, 660 F. 2d 1370 (10th Cir. 1981), rev'g 496 F. Supp. 823 (D. Colo. 1980), cert. dismissed, 456 U.S. 1001 (1982) ("Boulder II")

Colorado v. Western Paving Constr. Co., 833 F. 2d 867 (10th Cir. 1987), panel decision vacated (per curiam) by an equally divided court, 841 F. 2d 1025 (10th Cir.) (en banc) [reinstating district court judgment in 630 F. Supp. 206 (D. Colo. 1986)], cert. denied, 488 U.S. 870 (1988)


U.S. DISTRICT COURTS

BEAL Corp. Liquidating Trust v. Valleylab Inc., 927 F. Supp. 1350 (D. Colo. 1996)

Abrams v. Southeastern Municipal Bonds, Inc., [1991 Transfer Binder] Fed. Sec. L. Rep. (CCH) 96,055 (D. Colo. 1991)

Abrams v. Southeastern Municipal Bonds, Inc., [1990-91 Transfer Binder] Fed. Sec. L. Rep. (CCH) 95,757 (D. Colo. 1990)

In re Ins. Antitrust Litig., 723 F. Supp. 464 (N.D. Calif. 1989), rev'd, 938 F.2d 919 (9th Cir. 1991), aff'd in part, rev'd in part sub nom. Hartford Fire Ins. Co. v. California, 113 S. CT. 2891 (1993)

Colorado v. Goodell Bros., Inc., 1987-1 Trade Cas. (CCH) 67,476 (D. Colo. 1987)

Colorado v. Asphalt Paving Co., 1987-1 Trade Cas. (CCH) 67,473 (D. Colo. 1987)

Colorado v. Goodell Bros., Inc., 1986-2 Trade Cas. (CCH) 67,236 (D. Colo. 1986)

Colorado v. Schmidt-Tiago Constr. Co., 108 F.R.D. 731 (D. Colo. 1985)

Colorado v. Popejoy Constr. Co., 1985-1 Trade Cas. (CCH) 66,372 (D. Colo. 1984)

Colorado v. Best-Way Paving Co., 1984-2 Trade Cas. (CCH) 66,259 (D. Colo. 1984)


COLORADO SUPREME COURT

Crow v. Penrose-St. Francis Healthcare Sys., 169 P.3d 158 (Colo. 2007)

Colo. Spgs. Bd. of Realtors v. State, 780 P.2d 494 (Colo. 1989)

People ex rel. Woodard v. Colo. Spgs. Bd. of Realtors, 692 P. 2d 1055 (Colo. 1984)

COLORADO COURT OF APPEALS

Crow v. Penrose-St. Francis Healthcare Sys., 292 P.3d 1018 (Colo. App. 2012)

Crow v. Penrose-St. Francis Healthcare Sys., 2010 WL 3169839 (Colo. App. 2010)

MISSOURI COURT OF APPEALS

Clinch v. Heartland Health, 187 S.W.3d 10 (Mo. App. 2006)

ISLN:
904921951

Peer Reviews

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  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Denver, Colorado

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