INTRODUCTION
PRACTICE AREA: Litigation
Tom Theado is a member of the Litigation Department, where he focuses his practice on managing and conducting complex civil litigation involving a purposefully wide range of subject matters including, but not limited to, ERISA, FLSA, antitrust matters, shareholder and consumer rights, environmental injuries, real estate value diminution, personal property damage, contract damages, toxic-tort damages, and other areas responsive to his clients’ queries and needs.
A large part of Tom's practice has involved the prosecution, and the defense, of class actions and other complex civil litigations that have required him to coordinate the work of lawyers from a number of different firms throughout Ohio and nationally. In forums from Los Angeles to New Haven, Tom has prosecuted various causes of action including negligence, nuisance, fraud, and breach of contract, on behalf of regional, statewide, and nationwide classes of claimants. Many courts – locally, regionally, and nationally – have appointed Tom to serve as a Class Counsel in numerous lawsuits.
In addition to appearing as a counsel for plaintiff-litigants in many class-action lawsuits, Tom has advised and consulted in the defense of class-action matters, and he is currently actively involved in defending private and public entities against class claims. In the course of his complex-litigation practice, Tom has also participated in several multi-district litigation (MDL) proceedings.
Throughout his 45 year career, Tom has authored numerous articles related to litigation, trial practice and evidence, and class action cases, evidence, and practical techniques for trial success. Tom has also been a presenter at many legal seminars throughout the nation.
Martindale-Hubbell has awarded Tom an AV rating for preeminent legal ability and having the highest ethical standards.
Contact:
p: 440.695.8068
f: 440.695.8098
TTheado@WickensLaw.com
LEARN MORE ABOUT TOM
Why did you begin practicing in your area of law?
In law school, I really enjoyed studying the rules of civil procedure and the rules of evidence, wondering with some happiness on how their applications became so clear and easy to me. And then I had a year-long course in business planning which I enjoyed a lot, not that I was inclined to do corporate stuff but I found fascinating how legal solutions could be found for real-world problems. And I've always enjoyed the stage. So litigation – not just courtroom work but all the nuts and bolts in preparation, discerning the problems and the steps to take in resolving them – became a natural fit. If you have ever read Zen in the Art of Archery by Eugen Herrigel, then you can have some idea of what I mean when I tell you that I love it when my work becomes practicing Zen in the art of litigation.
What quote resonates with you?
I can still hear my sainted Nana, my mother's mother, giving me yet another good reason why I should always tell the truth. "Tommy," she'd say, "you're not smart enough to remember your lies."
What is your favorite thing about living in Northeast Ohio?
Good friends, good food, good medical care, and the seasons of the year (though "the seasons" part becomes less compelling in January and February).
What else should we know about you?
After receiving my third Nobel Prize, I asked the Committee to pass on me in the future and award the Prize to someone who needs the assurance. And by that I mean that I strive to find fun in all that I do (even answering these questions).
1979 - Case Western Reserve University School of Law (J.D., with honors; Order of the Coif; Order of Barristers)
1974 – Oberlin College (B.A., with honors)
State of Ohio
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Supreme Court
Pro hac vice in many state and federal courts
Ohio State Bar Association (Member)
Ohio Bar College (Member, 1991-2000, 2002-2010)
Lorain County Bar Association (Member; Chair, Mentorship Program, 2001-2013; Executive Committee Member, 2002-2012; President, 2011-2012)
The Prodigal Father Productions, Inc. (President)
Ohio Supreme Court's Commission on Certification of Attorneys as Specialists (Member, 2017-2022)
Martindale-Hubbell AV rating
American Jurisprudence Award in Business Organization
Phi Delta Phi Award
First recipient of the Lorain County Bar Association’s Member of the Year Award
Publications
- "Getting Scientific and Expert Testimony into Evidence." 2005 & 2006.
- "An Overview of The Class Action Fairness Act of 2005." 2005.
- "Jurisdictional Questions and Answers After the Class Action Fairness Act of 2005." 2005.
- "Introduction to The Class Action Fairness Act of 2005." 2005.
- "Admissibility of Evidence and Expert Testimony in Ohio." 2004.
- "Advanced Trial Advocacy in Ohio." 2004.
- "Powerful Evidence in Ohio Civil Litigation." 2002.
- "Civil Practice in Ohio." 2001.
- "Trial Advocacy in Ohio; A Plaintiff's Perspective." 2000.
- "The Class Action Lawsuit in Ohio." 1999 & 2000.
- "Drug and Medical Device Class Actions." 1998.
- "Class Certification in Professional Negligence Cases." 1996
- "The Stigma Damages Rulings in DeSario v. Industrial Excess Landfill." 1996
- "Common Fund Awards in Statutory Fee Cases", 18 Class Action Reports 83. 1995.
Presentations and Seminars
- "The Mechanics of Researching and Writing Briefs." 2017.
- "Evidence—The Nuts & Bolts of Getting Stuff In and Keeping Stuff Out." 2010.
- "May It Please the Court: Oral Argument Techniques That Get Results." 2009 & 2012.
- "How to Present Your Case at Trial." 2008.
- "Getting Scientific and Expert Testimony into Evidence." 2005, 2006, & 2007.
- "How to Get Evidence and Expert Testimony Admitted into Court." Cleveland, OH. 2006.
- "How to Get Your Expert Testimony Admitted into Evidence in Ohio." Cleveland, OH. 2005.
- "Practicing Under The Class Action Fairness Act of 2005." HalfMoon Seminars, Cleveland, OH. 2005.
- "A Critical Update on The Class Action Fairness Act in Ohio." National Business Institute, Cleveland, OH. 2005.
- "Admissibility of Evidence and Expert Testimony in Ohio." National Business Institute, Cleveland, OH. 2004.
- "Advanced Trial Advocacy in Ohio." National Business Institute, Cleveland, OH. 2004
- "In Vitro Fertilization and Probate Issues." Lorain County Bar Association, Oberlin, OH. 2002.
- "Getting Things In, and Keeping Stuff Out: Almost Everything You Need To Know About Evidence." Lorain County Bar Association, Elyria, OH. 2002.
- "The Economic Principles Underlying Class Litigation." Oberlin College, Oberlin, OH. 2002.
- "Powerful Evidence in Ohio Civil Litigation." National Business Institute, Cleveland, OH. 2002.
- "Summary Judgments: When, Why, and Why Not." Lorain County Bar Association, Elyria, OH. 2001.
- "Summary Judgments: What They Are." Lorain County Bar Association, Elyria, OH. 2001.
- "Defeating the Complaint, and Not Having to Answer." Lorain County Bar Association, Elyria, OH. 2001.
- "Preparing Your Complaint to Get Your Claims to the Jury." Lorain County Bar Association, Elyria OH. 2001.
- "Litigating the Class Action Lawsuit in Ohio." Lorain County Bar Association, Elyria, OH. 2000.
- "Trial Advocacy in Ohio." National Business Institute, Cleveland, OH. 2000.
- "How to Recognize Your Class Action Clients Before You See Them to the Door." Erie County Bar Association, Erie, PA. 1999.
- "Economic Proofs of Liability and Damages in Class Action Suits." Oberlin College, Oberlin, OH. 1999.
- "Litigating the Class Action Lawsuit in Ohio." National Business Institute, Cleveland, OH. 1999.
- "Don't Overlook Class Actions." Texas Trial Lawyers Association Conference, Houston, TX. 1998.
- "Plaintiff Class Actions: Their Purposes, Requisites and Pathology." Oberlin College, Oberlin, OH. 1997 & 1998.
- "Class Action Opportunities in Professional Negligence Cases." American Board of Professional Liability Attorneys' Annual Seminar, San Francisco, CA. 1996.
- "Stigma Related Damages." Mealey's New Exposures Toxic and Mass Tort Conference, Philadelphia, PA. 1996.
- Liberty Ford Lincoln Mercury, Inc. v. Ford Motor Co., 644 F. Supp. 3d 417 (N.D. Ohio 2022)
- Estate of Mikulski v. Centerior Energy Corp., 2019-Ohio-983, 133 N.E.3d 899 (8th Dist.)
- Satterfield v. Ameritech Mobile Communs., Inc., 155 Ohio St.3d 463, 2018-Ohio-5023, 122 N.E.3d 144
- Satterfield v. Ameritech Mobile Communs., Inc., 2017-Ohio-928, 86 N.E.3d 830 (8th Dist.)
- Gattozzi v. Sheehan, 2016-Ohio-5230, 57 N.E.3d 1187 (8th Dist.)
- Pikas v. The Williams Cos., Inc., 822 F. Supp. 2d 1163 (N.D. Okla. 2011)
- West v. AK Steel Corp. Retirement Accumulation Pension Plan, 657 F. Supp. 2d 914 (S.D. Ohio 2009)
- Pikas v. The Williams Cos., Inc., 542 F. Supp. 2d 782 (S.D. Ohio 2008)
- Mikulski v. Centerior Energy Corp., 501 F.3d 555 (6th Cir. 2007) (en banc)
- West v. AK Steel Corp. Retirement Accumulation Pension Plan, 484 F.3d 395 (6th Cir. 2007)
- Mikulski v. Centerior Energy Corp., 435 F.3d 666 (6th Cir. 2006)
- West v. AK Steel Corp. Retirement Accumulation Pension Plan, 318 F. Supp. 2d. 579 (S.D. Ohio 2004)
- Walker v. Asea Brown Boveri, Inc. Cash Balance Pension Plan, 214 F.R.D. 58 (D. Conn. 2003)
- In re: Hechinger Investment Co. of Delaware, 298 F.3d 219 (3rd Cir. 2002)
- Rybarczyk v. TRW Inc., 235 F.3d 975 (6th Cir. 2000)
- Fine v. America Online, Inc., 139 Ohio App.3d 133, 743 N.E.2d 416 (2000)
- Yepko v. State Farm Mut. Ins. Co., 25 F. Supp. 2d 831 (N.D. Ohio 1998)
- Yepko v. State Farm Mut. Ins. Co., 79 Ohio St. 3d 414, 683 N.E.2d 1090 (1997)
- Schwochow v. Chung, 102 Ohio App. 3d 348, 657 N.E.2d 312 (1995)
- Duff v. Gary, 87 Ohio App.3d 558, 622 N.E.2d 727 (1993)
- Turner v. Turner, 67 Ohio St. 3d 337, 617 N.E.2d 1123 (1993)
- DeSario v. Industrial Excess Landfill, Inc., 68 Ohio App. 3d 117, 587 N.E.2d 454 (1991)
- Board of Educ. of the Strongsville City School Dist. v. Theado, 57 Ohio St. 3d 162, 566 N.E.2d 667 (1991)
- Ailiff v. Mar-Bal, Inc., 62 Ohio App.3d 232, 575 N.E.2d 228 (1990)
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