Thomas P. McMahon

Attorney Profile

Top Rated Antitrust Litigation Attorney in Denver, CO

Jones & Keller, P.C.
 | 1999 Broadway, Suite 3150
Denver, CO 80202
Phone: 303-573-1600
Selected to Super Lawyers: 2010, 2015 - 2017
Licensed Since: 1971
Practice Areas:
  • Antitrust Litigation (30%),
  • Health Care (30%),
  • Civil Litigation: Plaintiff (20%),
  • Business Litigation (20%)
Attorney Profile

Thomas P. McMahon is a shareholder in the firm Jones & Keller, P.C., and is an attorney with more than 40 years of experience. With a passion for justice, Mr. McMahon 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. Providing advice to clients on pro-competitive ways to achieve legitimate business ends beneficial to society as a whole, his practice is concentrated in the areas of antitrust litigation and counseling; health care and other types of complex commercial litigation; and consulting and providing expert testimony with respect to attorneys' fees. Mr. McMahon practices out of the firm's office in Denver.

Mr. McMahon has successfully handled virtually all types of competition-related issues under federal and state antitrust laws in judicial and administrative proceedings at the trial and appellate levels, including before the U.S. Supreme Court, various other federal and state appellate courts, the Federal Trade Commission and the (former) Civil Aeronautics Board.  He has represented and advised physicians, medical groups and other health care entities regarding antitrust, competition, licensing, discipline and privileging matters in Colorado and other western states.

 
Practice Areas
Lawyer Practice Area Pie Chart

Antitrust Litigation (30%): Antitrust & Trade Litigation

Health Care (30%): Hospital Law, Health & Health Care Law

Civil Litigation (20%)

Business Litigation (20%): Non-Compete Agreements

Focus Areas

Antitrust Litigation: Antitrust & Trade Litigation

Health Care: Hospital Law, Health & Health Care Law

Business Litigation: Non-Compete Agreements

Selections

Selected to Super Lawyers for 4 yearsbottom-image

Super Lawyers: 2010, 2015 - 2017

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About Thomas McMahon

Admitted: 1971, Colorado

Professional Webpage: www.joneskeller.com/attorney/37/Thomas-P.-McMahon

Honors and Awards:

  • 5280 Magazine, “Top Lawyers” 2015, 2016, 2017
  • "Top Lawyers in Healthcare" 2013
  • Expert Network, “Distinguished Lawyer” 2016
  • Who's Who in the West (20th Ed)
  • Who's Who in American Law (7th Ed)

Bar/Professional Activity:

  • U.s. District Court, Eastern District of MIchigan, 1971
  • State Courts of Michigan, 1971
  • Note and Comment Editor, University of Michigan Law Review
  • U.S. Court of Military Appeals, 1972
  • Supreme Court of Colorado, 1976
  • Member, Bid Analysis and Management System ("BAMS") Users Contract Monitoring Technical Advisory Group, American Association of State Highway and Transportation Officials, 1987 - 1989
  • Member, National Association of Attorneys General Antitrust Multi-State Task Force, 1981 - 1988
  • Vice-Chair, Policy/Publications, National Association of Attorneys General Antitrust Multi-State Task Force, 1988 - 1989
  • Vice-Chair, State Antitrust Enforcement Committee, American Bar Association, Antitrust Law Section, 1992 - 1997
  • Member, Colorado Bar Association, Antitrust Subsection, Business Law Section, 1990 - Present
  • Chairman, Colorado Bar Association, Antitrust Subsection, Business Law Section, 1991 - 1993
  • U.S. Supreme Court, 1981
  • U.S. Court of Appeals for the Armed Forces, 1972
  • U.S. Court of Appeals 10th Circuit, 1980
  • U.S. Court of Appeals 9th Circuit, 2001
  • U.S. District Court Northern District of California, 1988
  • U.S. District Court Eastern District of Michigan, 1971
  • U.S. District Court District of Colorado, 1976

Scholarly Lectures and Writings:

  • “Subpoenaing Otherwise-Privileged Peer Review Materials Under C.R.S. §12-36.5-104(10)(b)(II) and (III) for Use in Appellate Review and Judicial Review Proceedings:  Crow v. Penrose-St. Francis Healthcare Sys., 292 P.3d 1018, 1021-24 (Colo. App. 2012),” Colorado Bar Association, Health Law Section (2013) 
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws", Mesa County Bar Association, 1981
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws", El Paso County Bar Association, 1981
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws in the Resort Industry", Central Reservations Association of Mountain Resorts, 1981
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws in the Ski Industry", Colorado Ski Country USA, 1982
  • "State Action Immunity and Subordinate Governmental Entities", National Conference of State Legislatures, 1982
  • "Antitrust Defenses - State Action 'Immunity' and the Noerr-Pennington 'Exemption'", Ohio State Bar Association, 1982 Antitrust Institute, 1982
  • "Antitrust Concerns for State and Local Governmental Agencies and Subdivisions", Colorado Special District Association, 1983
  • "Antitrust and Buyers' Rights", U.S. Department of Agriculture, Food and Nutrition Service, Mountain Plains Food Procurement and Merchandising Conference, 1983
  • "National Institute on Antitrust and Local Governments", American Bar Association, Local Government Section, 1983
  • "Antitrust and Procurement", Colorado School Food Service Directors, 1984
  • "Swords and Shields", Tennessee Valley Authority Public Power Association, 1984
  • "Swords and Shields (II)", American Public Power Association, 1985
  • "State and Federal Enforcement Trends", Continuing Education Services, Antitrust for the Business Counselor: Prevention Strategies and Risk Analysis, 1988
  • "Investigation and Litigation of Highway Bidrigging Cases", Pacific Northwest Attorneys General, 1988
  • "Vertical Restraints/Dealer Terminations", Colorado Bar Association Antitrust Subsection, 1988
  • "Avoiding Litigation Pitfalls in Discovery", National Association of Attorneys General, Civil RICO Western Regional Conference, 1989
  • "The Rise of State Law Enforcement Actions and the Civil Investigation", Continuing Legal Education in Colorado, Inc., Colorado Antitrust and the Health Care Field, 1989
  • "Antitrust in the 90s: Basics and Beyond II - Defenses, Exemptions and Tying Arrangements", National Association of Attorneys General, State Antitrust Enforcement Conference, 1989
  • "Unfair Competition - Selling Below Cost and Price Discrimination", Colorado Bar Association, Antitrust Subsection, 1989
  • "Collusion in Bidding - Breeding Grounds, Detection and Prevention", Colorado State Purchasing Officials, 1989
  • "Update on In re Insurance Industry Antitrust Litigation", Colorado Bar Association, Antitrust Subsection, 1990
  • "The 'Ten Commandments' of Antitrust Law", Central Reservations Association of Mountain Resorts, 1991
  • "Report on Colorado v. Colorado Union of Physicians and Surgeons", American Bar Association, Antitrust Section, Labor Committee, 1991
  • "Resale Price Maintenance Revisited" - Moderator, Colorado Bar Association, Antitrust Subsection, 1991
  • "Securities Fraud Litigation Arising Out of Colorado Special District Bond Defaults", Colorado Bar Association, Securities Subsection, 1991
  • "The New 'Colorado Antitrust Act of 1992' - Three Crucial Enhancements", Colorado Bar Association, Antitrust Subsection, 1992
  • "The New 'Colorado Antitrust Act of 1992' - An Overview of What Every Business Lawyer Should Know", Colorado Bar Association, Business Law Section, 1992
  • "The Lawyer as an Antitrust Defendant", Continuing Legal Education in Colorado, Inc., Lurking Liability in Business Practice, 1992
  • The New "Colorado Antitrust Act of 1992" - What Every Judge, Business Lawyer, Corporate Counsel and Litigator Should Know, "An Overview of Significant Provisions", Continuing Legal Education in Colorado, Inc., 1993
  • "The New' Colorado Antitrust Act of 1992' - An Overview of What Every Business Lawyer Should Know", Continuing Legal Education in Colorado, Inc., Business Law Symposium, 1993
  • "Antitrust Issues in Health Care", Colorado Ophthalmological Society, Managed Care Seminar, 1993
  • Panel Member, "Antitrust Enforcement Under the Clinton Justice Department", Colorado Bar Association, Antitrust Subsection, 1993
  • "The Colorado Antitrust Act of 1992, Price Fixing and Bidrigging - What Every County Attorney Should Know", Colorado County Attorneys' Association, 1993 Winter Seminar, 1993
  • "The Antitrust Laws and Bidrigging", Colorado Department of Transportation, U.S. DOT Inspector General's National Bidrigging Detection Seminar, 1993
  • "Proving Relevant Market to a Jury in a Rule of Reason Case", American Bar Association, Antitrust Law Section 42nd Annual Spring Meeting, Trial Demonstration, 1994
  • "Establishing the Relevant Market Through Expert Economic Testimony", Colorado Bar Association, Antitrust Subsection, Practical Pointers in Trying an Antitrust Case, 1994
  • "Defending a State Criminal Antitrust Investigation and Prosecution - A Defense Perspective", American Bar Association, Antitrust Law Section 43rd Annual Spring Meeting, State Antitrust Enforcement Committee, 1995
  • "Surfing the Information Super Highway Without Drowning: Licensing, Protection and Antitrust Issues in Today's High Technology Markets", Colorado Bar Association, Antitrust Subsection/Patent, Trademark & Copyright Section/Technology and this Law Committee, 1995
  • "'Predatory' Pricing: What is it in Theory, Does it Really Exist, and Can it be Proven?", Colorado Bar Association, Antitrust Subsection, 1996
  • "The Role of Private Antitrust Counsel in Private Health Care Antitrust Enforcement", Federal Trade Commission, Antitrust Health Care Conference, 1996
  • "An Overview of the Antitrust Laws", CAMAS Inc., 1997
  • "FTC Actions Involving Health Care Providers and Negotiating Health Insurance Contracts", Lorman Education Services, Health Insurance Basics, 2003
  • "Off-Premises Customer-Bank Communication Terminals: New Growth on the Old 'Branch' Doctrine", 6 The Colorado Lawyer 25, 1977
  • "Recent Federal Litigation Relating to Customer-Bank Communication Terminals ('CBCTs') and The McF Act", 32 The Business Lawyer 1657, 1977
  • "An Antitrust Enforcement Reply to the So-Called 'Need' for Contribution Legislation", NAAG Antitrust Report, April, 1982
  • "City of Boulder Revisited", NAAG Antitrust Report, October, 1982
  • "Recent Significant Developments in 'State Action' and Noerr-Pennington Exemptions: From Boulder to the 'Sham' Exception", 14 U. Tol. L. Rev. 531, 1983
  • "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
  • "Antitrust and Due Process: State Regulation of Occupation Licensing", Swords and Shields: An An Handbook for Municipal and Cooperative Utilities, 1984
  • "Colorado Antitrust Law Seven Years Later", 13 The Colorado Lawyer 1808, 1984
  • "Colorado Antitrust Law Seven Years Later", 13 The Colorado Lawyer 1808, 1984
  • Point/Counterpoint, "New Antitrust Protection: Pro-Measures Protect Retail Competition", The Denver Post, March 22, 1988
  • "Antitrust in the 1990s - Back to the Future or Forward to the Past", Pendleton & Sabian, P.C., Legal Briefs, Jan., 1990
  • "Antitrust in the 1990s Part II: Who Needs An Antitrust Compliance Program Anyway", Pendleton & Sabian, P.C., Legal Briefs, Apr., 1990
  • "The 1992 Colorado Antitrust Act: Per Se Bidrigging and Key Issues", 22 The Colorado Lawyer 2229, 1993
  • "Physician-Controlled Network Joint Ventures: Antitrust Considerations", 24 The Colorado Lawyer 1551, 1995

Verdicts and Settlements:

  • Auraria Student Housing at the Regency v. Campus Village Apartments, $11,199,000
  • Rauh v. Holy Rosary Healthcare, $1,750,000
  • Colorado v. Peter Kiewit Sons Co., $1,575,000
  • Johnson v. Arkansas Valley Reg'l Med. Ctr., $250,000
  • Abrams v. S.E. Mun. Bonds, Inc., $7,300,000
  • BEAL Corp. v. Valleylab Inc., $4,500,000
  • Morris v. Colo. Spgs. Mem’l Hosp., $5,000,000
  • Clinch v. Heartland Reg’l Med. Ctr., $1,000,000
  • Cole v. St. James Healthcare Sys., $4,000,000

Representative Clients:

  • Clinch v. Heartland Reg'l Med. Ctr., 187 S.W. 3d 10 (Mo. App. 2006)
  • Christy Sports v. Deer Valley Resort Co., 555 F.3d 1188 (10th Cir. 2009)
  • Crow v. Penrose-St. Francis Healthcare Sys., 2010 WL 3169839 (Colo. App. 2010)
  • Crow v. Penrose-St. Francis Healthcare Sys., 292 P.3d 1018 (Colo. App. 2012)
  • Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC, 2014 WL 4412529 (D. Colo. Sep. 8, 2014), on remand from 703 F.3d 1147 (10th Cir. 2013), dismissing defendant's appeal from 825 F.Supp.2d 1072 (D. Colo. 2011)
  • Christy Sports, LLC
  • Tri-State Generation & Transmission Association, Inc.
  • Snowmass Resort Association, Inc.
  • Rocky Mountain Paint & Body, Inc.
  • Rockwell International Corp.
  • Rhone-Poulenc, Inc.
  • Rhodia, S.A.
  • Primera Healthcare, LLC
  • Paladin Associates/Inc.
  • Natural Balance, Inc. d/b/a/ PEP Products, Inc.
  • Mesa County Physicians Independent Practice Association, Inc.
  • Jetstream Systems, Inc.
  • Dain Bosworth, Inc.
  • Colorado Ophthalmological Society
  • Colorado Health Financing Authority
  • Colorado Access Medicaid Plan
  • Clalite, Inc.
  • Central Reservations Association of Mountain Resorts
  • The Boulder Bump Shop, Inc.
  • BEAL Corp., f/k/a Beacon Laboratories, Inc.
  • Auraria Student Housing at the Regency
  • Aspen Sports, Inc., d/b/a Base Mountain Sports
  • People v. North Ave. Furniture & Appliance, Inc., 645 P.2d 1291 (Colo. 1982)
  • State v. Colo. Spgs. Bd. of Realtors, 692 P. 2d 1055 (Colo. 1984)
  • Colo. Spgs. Bd. of Realtors v. State, 780 P. 2d 494 (Colo. 1989)
  • Colorado v. Best-Way Paving Co., 1984-2 Trade Cas. (CCH) 66,259 (D. Colo. 1984)
  • Colorado v. Popejoy Constr. Co., 1985-1 Trade Cas. (CCH) 66,372 (D. Colo. 1984)
  • Colorado v. Schmidt-Tiago Constr. Co., 108 F.R.D. 731 (D. Colo. 1985)
  • Colorado v. Goodell Bros., Inc., 1986-2 Trade Cas. (CCH) 67,236 (D. Colo. 1986)
  • Colorado v. Asphalt Paving Co., 1987-1 Trade Cas. (CCH) 67,473 (D. Colo. 1987)
  • Colorado v. Goodell Bros., Inc., 1987-1 Trade Cas. (CCH) 67,476 (D. Colo. 1987)
  • Hartford Fire Ins. Co. v. California, 113 S. Ct. 2891 (U.S. Dist. Court 1993)
  • In re Ins. Antitrust Litig., 938 F. 2d 919 (9th Cir. 1991)
  • In re Ins. Antitrust Litig., 723 F. Supp. 464 (N.D. Calif. 1989)
  • Abrams v. Southeastern Municipal Bonds, Inc., Fed. Sec. L. Rep (CCH) 95,757 (D. Colo. 1990)
  • Abramas v. Southeastern Municipal Bonds, Inc., Fed. Sec. L. Rep (CCH) 96,055 (D. Colo. 1991)
  • BEAL Corp. Liquidating Trust v. Valleylab Inc., 927 F. Supp. 1350 (D. Colo. 1996)
  • Colorado v. Western Paving Constr. Co., 488 U.S. 870 (U.S. Court of Appeals 1988)
  • Colorado v. Western Paving Constr. Co., 630 F. Supp. 206 (D. Colo. 1986)
  • Colorado v. Western Paving Constr. Co., 841 F. 2d 1025 (10th Cir.)
  • Colorado v. Western Paving Constr. Co., 833 F. 2d 1370 (10th Cir. 1987)
  • Community Communications Co. v. City of Boulder, 456 U.S. 1001 (U.S. Court of Appeals 1982)
  • Community Communications Co. v. City of Boulder, 496 F. Supp. 823 (D. Colo. 1980)
  • Community Communications Co. v. City of Boulder, 660 F. 2d 1370 (10th Cir. 1981)
  • Paladin Assocs., Inc. v. Mont. Power Co., 328 F.3d 1145 (9th Cir. 2003), aff'g 97 F. Supp. 2 (D. Mont. 2000)
  • Miller v. Image Data, LLC, 91 Fed. Appx. 122, 2004 WL 326998 (10th Cir. Feb.23 2004)
  • In Re Insurance Antitrust Litigation, 723 F. Supp. 464 (N.D. Cal. 1989)
  • In Re Rate Filling of Transamerica Title Insurance Co. (Colo. Div. Ins. 1980)
  • In Re Western-Continental Airlines Merger (I), No. 33465 (CAB 1979)
  • Community Communications Co. v. City of Boulder, 485 F. Supp. 1035 (D. Colo. 1980)
  • Community Communications Co. v. City of Boulder, 630 F. 2d 704 (10th Cir. 1980)
  • Community Communications Co. v. City of Boulder, 455 U.S. 40 (U.S. Supreme Court 1982)

Other Outstanding Achievements:

  • Successfully argued on behalf of 13 amici states in Cmty. Commc’ns Co. v. City of Boulder, 455 U.S. 40 (1982).  Most recently won significant ruling denying defendant’s motions for post-trial relief from multi-million dollar jury verdict in cutting-edge federal antitrust case for conspiracy to monopolize university freshman student housing, Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC, 2015 WL 5608114 (D. Colo. Sep. 24, 2015); previously won jury verdict resulting in $9,783,000 judgment in same case (D. Colo. Jan. 27, 2015); before that defeated effort to obtain summary judgment in same case, 2014 WL 4412529 (D. Colo. Sep. 8, 2014); previously won precedent-setting decision in same case, 703 F.3d 1147 (10th Cir. 2013), dismissing defendant's appeal from trial court ruling, 825 F.Supp.2d 1072 (D. Colo. 2011), denying defendant's motion to dismiss on grounds of state action immunity from antitrust laws.  Won unique and significant ruling that Montana hospital was liable as matter of law to excluded physician for beaching contract found in medical staff bylaws, resulting in multimillion dollar settlement, Rauh v. Holy Rosary Healthcare, Cause No. DV 2011-41 (Mont. 16th Jdcl. Dist., Custer Cnty., May 22, 2013).  Won landmark decision in Crow v. Penrose-St. Francis Healthcare Sys., 292 P.3d 1018 (Colo. App. 2012), upholding physician’s right to subpoena peer reveiw materials in course of appellate review of peer review proceeding; previously obtained decision in Crow v. Penrose-St. Francis Healthcare Sys., 2010 WL 3169839 (Colo. App. 2010), upholding physician’s right to sue hospital over faulty peer review process once administrative proceeding is completed, then defeated hospital's attempt to obtain state supreme court review, thereby preserving the victory.

Newsletters:

  • Mr. McMahon recently obtained a unique and significant ruling in a major case in Montana.  Mr. McMahon represented a physician with 33 years of experience who was suing a hospital for improperly ending his career as an ob/gyn.  In an extremely rare move, the trial judge ruled as a matter of law that the hospital is liable to the physician for beaching its contract with him. , Rauh v. Holy Rosary Healthcare
  • In June 2008 the U.S. Supreme Court granted certiorari in an antitrust case in the telecommunications industry to address the viability of a "price-squeeze" theory in the context of Sherman Act Section 2 allegations of attempt to monopolize and monopolization.                

Educational Background:

  • The University of Michigan Law School Honors: Weymouth Kirkland Foundation Scholarship, 1968-1970; University of Michigan Law School Scholarship, 1968-1970; Individual Case Club (Moot Court) Winner; Individual Case Club (Moot Court) Junior Clerk; Individual Case Club (Moot Court) Visiting Senior Judge; Barristers Society (Fraternal Organization); Intramural Athletics;
  • Michigan State University, East Lansing, Michigan, B.A. in Political Science, MSU Honors College, 1965-1968, With High Honor, MSU Merit Scholarship, 1964-1968, AFROTC Scholarship, 1966-1968, National Merit Scholarship Finalist, Resident Assistant (Dormitory Advisor), 1965-67, Phi Eta Sigma (Freshman Honorary Society), Intramural Athletics

Industry Groups

  • Health Care
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    Office Location for Thomas P. McMahon

    1999 Broadway
    Suite 3150
    Denver, CO 80202

    Phone: 303-573-1600

     

    Thomas P. McMahon:

    Last Updated: 7/19/2017

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