

Thomas F. Allen, Jr.
Partner
Appellate, Business Litigation, Professional Malpractice
Phone: 214-855-3007
Direct Fax: 214-840-0117
Email: tallen@ccsb.com
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Thomas Allen's practice focuses on complex civil litigation at the trial and appellate levels in state and federal courts. A former law clerk on the United States Court of Appeals for the Fifth Circuit and an active member of the Firm's appellate practice group, Mr. Allen has extensive experience representing clients before the Supreme Court of Texas, the intermediate Texas courts of appeals, and various federal courts of appeals. His practice includes trial briefing, direct appeals, interlocutory appeals, restricted appeals, motions for rehearing, and mandamus proceedings.
Mr. Allen has presented oral argument to the Supreme Court of Texas, the Dallas Court of Appeals, the Fort Worth Court of Appeals, the El Paso Court of Appeals, and the United States Court of Appeals for the Second Circuit.
Representative Matters
• Italian Cowboy Partners, Ltd. v. Prudential Ins. Co., 341 S.W.3d 323 (Tex. 2011). Drafted petition for review and presented oral argument and briefs for Italian Cowboy Partners, Ltd.’s successful appeal to the Supreme Court of Texas. In reversing the court of appeals, the Supreme Court agreed with Italian Cowboy that certain language in the parties’ real estate lease was best read as a type of standard merger clause. Accordingly, the language did not disclaim reliance on the landlord’s representations about the condition of the leased property and thus, did not negate Italian Cowboy’s fraud claim.
• Part of appellate team that achieved reversal in the Supreme Court of Texas of the large majority of damages awarded against a major international law firm in a legal malpractice action.
• In the El Paso Court of Appeals, drafted briefs and presented oral argument obtaining affirmance of summary judgments in two companion cases involving the sales of oil and gas royalty interests. After requesting responses to the plaintiffs’ petitions for review, the Supreme Court of Texas denied review.
• Member of appellate team that achieved reversal in the Dallas Court of Appeals of the trial court’s refusal to dismiss medical malpractice lawsuit for failure to timely file expert report.
• Member of appellate team that obtained dismissal of bankruptcy appeal for lack of standing in the U.S. Court of Appeals for the Fifth Circuit.
• Member of appellate team that obtained affirmance of take-nothing judgment on behalf a large law firm in a legal malpractice action.
• Member of appellate team that obtained reversal of a $61 million judgment in favor of major retailer and rendition of take-nothing judgment in the Dallas Court of Appeals.
• Member of appellate team that achieved a nearly complete affirmance of a multi-million dollar personal injury judgment in the Fort Worth Court of Appeals, after which the Texas Supreme Court denied review.
Education
Harvard Law School
J.D., cum laude, 1999
Notes Editor, Harvard Law Review
Yale University
B.A., English, magna cum laude, 1994
Graduated with Distinction in Major
Judicial Clerkship
Hon. Will Garwood, United States Court of Appeals for the Fifth Circuit, 1999-2000
Admittances
Texas 1999
U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas
U.S. Courts of Appeals for the Second and Fifth Circuits
Associations/Affiliations
State Bar of Texas Appellate Section, Texas Appeallate Hall of Fame Committee
Dallas Bar Association, Appellate Section
Patrick E. Higginbotham American Inn of Court, Associate 2004-05
The First Amendment Institute, sponsored by the Freedom of Information Foundation of Texas, 2002
Dallas Zoological Society, Board of Directors
The Barbara Gordon Montessori School, Board of Trustees
Dallas Committee on Foreign Relations
Speeches/Publications
The Court’s Charge and the Implications of Casteel, Texas Center for the Judiciary, 2010 Civil Law Conference (January and June 2010); State Bar of Texas, 32nd Annual Advanced Civil Trial Course (July 2009).
The Internship Supply–Demand Crisis: Time for a Solution is Now, Training and Education in Professional Psychology, Vol. 3, No. 3, p. 135-139, 2009.
Co-presenter, Appellate Lawyers at Trial, Before You Think You Need Them, Dallas Bar Association, Solo and Small Firm Section (July 2009).

