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Thom has extensive experience handling civil appeals of all kinds in both state and federal court, and heads the firm's appellate practice group. He regularly works with other attorneys in other firms as appellate counsel in connection with their clients' appeals, and, as an Arizona appellate lawyer, regularly consults with trial attorneys on significant motions, jury instructions, and other matters to help posture cases for a successful outcome on appeal. He is a past chair of the State Bar Appellate Practice Section, a contributing author to the Arizona Appellate Practice Handbook, co-authors the monthly column "Appellate Highlights" for the Arizona Attorney, and is listed as one of The Best Lawyers in America® in Appellate Law.
Education
J.D., summa cum laude, University of Arizona, 1992; Arizona Law Review, Articles Editor, 1991-1992; Second Year Writer, 1990-1991; Order of the Coif
Ph.D., Philosophy, University of Arizona, 1994
M.A., Philosophy, University of Arizona, 1993
B.A., Philosophy, Arizona State University, 1988
Clerkships
U.S. Court of Appeals, Ninth Circuit, Judge William C. Canby, Jr., 1994-1995
Professional Recognitions and Awards
The Best Lawyers in America®, Appellate Law and Commercial Litigation, edition 2008
Best of the Bar, Business Journal, Litigation, 2004
Practice Areas
Appellate
Litigation
Bar Admissions
Arizona, 1992
Court Admissions
U.S. Supreme Court, 2003
U.S. Court of Appeals for the Ninth Circuit, 1995
U.S. Court of Appeals for the Fourth Circuit, 2006
U.S. District Court, District of Arizona, 1995
Arizona Supreme Court, 1992
Professional Activities
Arizona Appellate Handbook Committee, Member, 2005-
Arizona Appellate Practice Institute, Co-Chair, May 2005
American Bar Association, Appellate Practice Committee
Arizona State Bar: Appellate Practice Section, Chair, 2006, Executive Council, 2003-present, Member 1999-present; Civil Practice and Procedural Committee, 1999-present
Adjunct Professor, Arizona State University, College of Law, 2000
Horace Rumpole Inn of Court: President, 2002-2003; Executive Committee, 1996-2005; Member, 1995-
Federal Bar Association
Community Activities
Judge, Arizona State University College of Law, William C. Canby, Jr. Appellate Advocacy Competition
Arizona State University College of Liberal Arts and Sciences Alumni Board, 1998-1999
Volunteer radio broadcast reader for SunSounds, a radio reading service for the print disabled, 1990-2002
Representative Matters
Payan v. Aramark Management Svcs., 495 F.3d 1119 (9th Cir. 2007) (mailing presumption under federal statute)
Fearnow v. Ridenour, Swenson, Cleere and Evans, P.C., 213 Ariz. 24, 138 P.3d 723 (2006) (ethical rules/law firm agreements)
Johnson v. Earnhardt's Gilbert Dodge, Inc., 212 Ariz. 381, 132 P.3d 825 (2006) (statutory construction/Magnusson-Moss Act)
O'Donnell v. Vencor, 466 F.3d 1004 (9th Cir. 2006) (employment)
Martinez v. Green, 212 Ariz. 320, 131 P.3d 492 (App. 2006) (assignability of statutory claims)
Joanne Ceimo v. General American Life Insurance Company; et al., 137 Fed. App'x 968 (9th Cir. 2005) (insurance bad faith)
Phelps v. Firebird Raceway, Inc., 212 Ariz. 146, 118 P.3d 1110 (2005) (Arizona constitution) (amicus)
American Greyhound Racing v. State of Arizona, 305 F.3d 1015 (9th Cir. 2002) (Indian law) (amicus)
Sherman v. City of Tempe, 202 Ariz. 339, 45 P.3d 336 (2002) (election law)
Botma v. Huser, 202 Ariz. 14, 39 P.3d 538 (App. 2002) (attorney liability)
AlliedSignal, Inc. v. City of Phoenix, 182 F.3d 692 (9th Cir. 1999) (commercial tort)
Paloma Inv. Ltd. Partnership v. W.K. Jenkins, 194 Ariz. 133, 978 P.2d 110 (App. 1999) (property)
Sears v. Hull, 192 Ariz. 65, 961 P.2d 1013 (1998) (Indian law)
Salt River Pima-Maricopa Indian Cmty. v. Hull, 190 Ariz. 97, 945 P.2d 818 (1997) (Indian law)
Publications and Presentations
Proposed: Making Memoranda Decisions Available Online and Allow Them to be Cited as Persuasive Authority, Arizona Attorney, June 2006
The "Secret" History of Memoranda Decisions, Arizona Attorney, June 2006
Preserving the Record On Appeal, Arizona Attorney, March 2004
Common Traps in Making the Record for Appeal, Co-Author, 14 The Committee on Pretrial Practice & Discovery 1, 22 (Summer 2006)
Punitive Damages at the Tenth Anniversary of BMW v. Gore, PLI Institute (August 2006)
Arizona Appellate Highlights, Arizona Attorney (June 2006-present)
Arizona's Supreme Court Legacy: Chief Justice Rehnquist and Justice O'Connor, State Bar Convention (June 2006)
Annual Arizona Supreme Court Review, Co-Chair (May 2006)
Current Issues in Appellate Courts, Arizona Judicial Conference (June 2005)
Sex and the Constitution, State Bar Convention (June 2005)
Nuts and Bolts Trial Courtroom Series (March 2005)
Working with the Arizona Court of Appeals, State Bar of Arizona (November 2004)
An Overview of Some Procedural and Substantive Punitive Damages
Issues Post State Farm v. Campbell, State Bar of Arizona,
Appellate Practice Section (February 2004) |
