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Thomas R. Theado

(440) 244-4809

Born Columbus, Ohio, December 27, 1950, admitted to bar, 1979, Ohio; 1981, U.S. District Court, Northern District of Ohio; 1996, U.S. Court of Appeals for the Sixth Circuit; 1993, U.S. Supreme Court; 2002, U.S. District Court, Southern District of Ohio.

Education & Experience

Oberlin College (B.A., with honors, 1974); Case Western Reserve University (J.D., with honors, 1979). Order of the Coif. Order of Barristers. Recipient, American Jurisprudence Award in Business Organization, Phi Delta Phi Award for his graduating class. For his participation in continuing legal education "at a rate twice that required for licensure," Tom has been awarded membership in the college of his state bar association annually since 1984. The national publication "Lawyers Weekly" included Tom Theado in its 1995 series of articles featuring the country's top trial lawyers.

Member

  • Trial Lawyers for Public Justice
  • Ohio and Lorain County Bar Associations

Publications

  • "Common Fund Awards in Statutory Fee Cases", 18 Class Action Reports 83 (1995)
  • "The Stigma Damages Rulings in DeSario v. Industrial Excess Landfill" (1996)
  • "Class Certification in Professional Negligence Cases" (1996)
  • "Drug and Medical Device Class Actions" (1998)
  • "The Class Action Lawsuit in Ohio" (1999 and 2000)
  • "Trial Advocacy in Ohio; A Plaintiff's Perspective" (2000)
  • "Civil Practice in Ohio" (2001)
  • "Powerful Evidence in Ohio Civil Litigation" (2002)
  • "Advanced Trial Advocacy in Ohio" (2004)
  • "Admissibility of Evidence and Expert Testimony in Ohio" (2004)
  • "Introduction to The Class Action Fairness Act of 2005" (2005)
  • "Jurisdictional Questions and Answers After the Class Action Fairness Act of 2005" (2005)
  • "An Overview of The Class Action Fairness Act of 2005" (2005)
  • "Getting Scientific and Expert Testimony into Evidence" (2005 & 2006

Presentations and Seminars

  • "Stigma Related Damages," Mealey's New Exposures Toxic and Mass Tort Conference (Philadelphia, PA - 1996)
  • "Class Action Opportunities in Professional Negligence Cases," American Board of Professional Liability Attorneys' Annual Seminar (San Francisco, CA - 1996)
  • "Plaintiff Class Actions: Their Purposes, Requisites and Pathology," Oberlin College (Oberlin, OH - 1997 and 1998)
  • "Don't Overlook Class Actions," Texas Trial Lawyers Association Conference (Houston, TX - 1998),
  • "Litigating the Class Action Lawsuit in Ohio," National Business Institute (Cleveland, OH - 1999)
  • "Economic Proofs of Liability and Damages in Class Action Suits," Oberlin College (Oberlin, OH - 1999)
  • "How to Recognize Your Class Action Clients Before You See Them to the Door," Erie County (Pennsylvania) Bar Association (Erie, PA - 1999)
  • "Trial Advocacy in Ohio," National Business Institute (Cleveland, OH - 2000)
  • "Litigating the Class Action Lawsuit in Ohio," Lorain County (Ohio) Bar Association (Elyria, OH - 2000)
  • "Preparing Your Complaint o et Your Claims to the Jury," Lorain County (Ohio) Bar Association (Elyria OH - 2001)
  • "Defeating the Complaint, and Not Having to Answer," Lorain County (Ohio) Bar Association (Elyria, OH - 2001)
  • "Summary Judgments: What They Are," Lorain County (Ohio) Bar Association (Elyria, OH - 2001)
  • "Summary Judgments: When, Why, and Why Not." Lorain County (Ohio) Bar Association (Elyria, OH - 2001)
  • "Powerful Evidence in Ohio Civil Litigation," National Business Institute (Cleveland, OH - 2002)
  • "The Economic Principles Underlying Class Litigation," Oberlin College (Oberlin, OH - 2002)
  • "Getting Things In, and Keeping Stuff Out: Almost Everything You Need To Know About Evidence," Lorain County (Ohio) Bar Association (Elyria, OH - 2002)
  • "In Vitro Fertilization and Probate Issues," Lorain County (Ohio) Bar Association (Oberlin, OH - 2002)
  • "Advanced Trial Advocacy in Ohio," National Business Institute (Cleveland, OH - 2004)
  • "Admissibility of Evidence and Expert Testimony in Ohio," National Business Institute (Cleveland, OH - 2004)
  • "A Critical Update on The Class Action Fairness Act in Ohio," National Business Institute (Cleveland, OH - 2005)
  • "Practicing Under The Class Action Fairness Act Of 2005," HalfMoon Seminars (Cleveland, OH - 2005)
  • "How to Get Your Expert Testimony Admitted into Evidence in Ohio" (Cleveland, OH - 2005)
  • "How to Get Evidence and Expert Testimony Admitted into Court" (Cleveland, OH - 2006)

Reported Cases

  • Board of Educ. of the Strongsville City School Dist. v. Theado, 57 Ohio St. 3d 162, 566 N.E.2d 667 (1991)
  • DeSario v. Industrial Excess Landfill, Inc., 68 Ohio App. 3d 117, 587 N.E.2d 454 (1991), mot. cert. over'd, 62 Ohio St. 3d 1453, 579 N.E.2d 1392 (1991)
  • Turner v. Turner, 67 Ohio St. 3d 337, 617 N.E.2d 1123 (1993)
  • Schwochow v. Chung, 102 Ohio App. 3d 348, 657 N.E.2d 312 (1995), disc. app. not allowed, 73 Ohio St. 3d 1428, 652 N.E.2d 801 (1995)
  • Yepko v. State Farm Mut. Ins. Co., 79 Ohio St. 3d 414, 683 N.E.2d 1090 (1997)
  • Yepko v. State Farm Mut. Ins. Co., 25 F. Supp. 2d 831 (N.D. Ohio 1998)
  • Rybarczyk v. TRW Inc., 235 F.3d 975 (6th Cir. 2000)
  • In re: Hechinger Investment Co. of Delaware, 298 F.3d 219 (3rd Cir. 2002)
  • West v. AK Steel Corp. Retirement Accumulation Pension Plan, 318 F. Supp. 2d. 579 (S.D. Ohio 2004)
  • Mikulski v. Centerior Energy Corp., 435 F.3d 666 (6th Cir. 2006)
  • West v. AK Steel Corp. Retirement Accumulation Pension Plan, 484 F.3d 395 (6th Cir. 2007)
  • Mikulski v. Centerior Energy Corp., 501 F.3d 555 (6th Cir. 2007) (en banc), cert. denied, __ U.S. __, 128 S. Ct. 2426 (2008)
  • Pikas v. The Williams Cos., Inc., 542 F. Supp. 2d 782 (S.D. Ohio 2008)

Practice Areas

  • Class Actions
  • Complex Civil Litigation
  • Consumer Rights