Notable Results

  • Big Win in Federal Antitrust Trial

    Tom McMahon and fellow Jones & Keller trial attorney Steve Long won a major jury verdict on behalf of Tom's client, Auraria Student Housing at the Regency, LLC (the "Regency"). The lawsuit charged that the defendant, Campus Village Apartments, LLC ("Campus Village"), conspired with the University of Colorado Denver ("UCD") to monopolize the rental to UCD freshmen of privately-owned and operated off-campus student housing in violation of Section 2 of the Sherman Antitrust Act.

    Following 4½ days of testimony, the Denver federal court jury returned its verdict in the unheard-of span of 48 minutes. After being trebled pursuant to federal antitrust law, and with statutorily-mandated attorneys' fees and costs, the judgment ultimately amounted to $11.2 million. Auraria Student Housing at the Regency, LLC V. Campus Village Apartments, LLC, 10-CV-2516-WJM-KLM (D.Colo. 2015).

Read the Denver Post's article on this case.

  • Tom acted as antitrust counsel on behalf of a Butte, Montana radiologist in a lawsuit against a hospital that had excluded him from practicing there, leading to a $4 million recovery. Cole v. St. James Healthcare Sys., No. DV-07-44 (Mont. 2d Jud. Dist. Ct. 2010).

  • Tom served as lead and antitrust counsel on behalf of a Miles City, Montana, OB/GYN physician in a lawsuit against a hospital that had excluded him from practicing there, obtaining reinstatement and a seven-figure settlement. Rauh V. Holy Rosary Healthcare, No. DV 2011-41 (Mont.16th Jud. Dist. CT. 2013).
  • Tom served as antitrust and co-lead counsel on behalf of a St. Joseph, Missouri heart surgeon in a lawsuit against a hospital that had excluded him from practicing there, leading to a $1 million recovery. Clinch v. Heartland Reg'l. Med. Ctr., 03CV72021 (Buchanan Cty. Cir. Ct. 2006).

  • Tom successfully defended a small high-technology company against a would-be class action on behalf of millions of drivers' license holders seeking upwards of potentially billions of dollars in penalties and damages. Miller v. Image Data, LLC, 91 Fed.Appx. 122, 2004 WL 326998 (10th Cir. 2004).

  • Tom represented a Colorado Springs, Colorado heart surgeon in a civil rights suit against a hospital that had excluded him from practicing there, obtaining a $5 million recovery. Morris v. Colo. Spgs. Mem'l Hosp., 99-MK-989 (D. Colo. 2003).

  • Tom served as antitrust and local counsel for the national plaintiffs' class in an antitrust action against a manufacturer of wide-format commercial ink-jet printers and cartridges, resulting in a class recovery valued in the millions of dollars. Colour Editions, Inc., d/b/a King Kolor v. Encad, Inc., 98-D-2490 (D. Colo. 2000).

  • Tom represented a small medical products company that had been excluded by the two dominant firms from competing in the national marketplace for certain handheld surgical devices, obtaining a $4.5 million recovery. BEAL Corp. Liquidating Trust v. Valleylab Inc., 927 F. Supp. 1350 (D. Colo. 1996).

  • Tom represented a La Junta, Colorado, radiologist in an antitrust suit against a hospital that had excluded him from practicing there, obtaining reinstatement and a six-figure recovery. Johnson v. Arkansas Valley Reg'l Med. Ctr., 93--____ (D. Colo. 1994).

  • Tom served as co-lead class counsel in a national securities fraud class action stemming from a defaulted Colorado special district bond issue, resulting in the recovery of $7.3 million on behalf bondholders nationwide. Abrams v. Southeastern Municipal Bonds, Inc., [1991 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶96,055 (D. Colo. 1991), [1990-91 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶95,757 (D. Colo. 1990).

  • As Chief of the Colorado Attorney General's Antitrust Unit, Tom served as lead counsel for the State of Colorado in a national antitrust class action against insurors, ultimately resulting in a multi-million dollar recovery. 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).

  • While Chief of the Colorado Attorney General's Antitrust Unit, Tom represented the State of Colorado in an antitrust suit against a national highway contractor, obtaining a $1.575 million recovery. Colorado v. Peter Kiewit Sons. Co., 84-Z-1225 (D. Colo. 1987).

  • While Chief of the Colorado Antitrust Unit, Tom successfully represented the State of Colorado and 22 other amici states before the U.S. Supreme Court in a landmark antitrust case pertaining to state action immunity. Community Commc'ns Co. v. City of Boulder, 455 U.S. 40 (1981).

  • U.S. Tenth Circuit Court Dismisses Private Defendant's Appeal Claiming Antitrust Immunity

  • Appellate Victory In Case Of First Impression