Thomas McCulloch

Thomas R. McCulloch practices complex civil litigation in federal and state courts throughout the country, with a focus on defending managed care entities.

Thomas has defended managed care entities and administrators in all aspects of benefits litigation, including ERISA, Medicare, FEHBA, bad faith insurance allegations, prompt pay, and contractual and extra-contractual disputes with providers and hospitals.

Recent representations in state and federal courts include matters in California, Arizona, Arkansas, Florida and Texas.

Thomas began his career clerking for Justice Phil Johnson at the Supreme Court of Texas and he joined the firm’s appellate group assisting in all aspects of litigation throughout the trial process.

Thomas has practiced with the firm’s managed care group since 2010. In addition to his trial practice, Thomas completed the Houston Volunteer Prosecutor Program at the City of Houston’s Municipal Courts, was on the organizing committee for the Houston Bar Association (HBA)’s 2013 Bench/Bar Conference, and has volunteered time to the HBA Legal Lines program.

Experience:

• Currently representing HMOs in a dispute seeking $150 million in alleged underpayments on Affordable Care Act claims filed in Florida state court by one of the largest hospital systems in the country.
• Lead attorney in $4.3 million arbitration defending against tortious interference and third-party contract claims. Complete summary judgment was awarded to our client.
• Tried two cases to final decision in 2015 that disputed over $200 million in alleged statutory penalties. The arbitrators ruled in our favor on all legal issues and awarded less than 1% of claimed damages.
• Represented pharmaceutical benefit plans in a high-profile dispute concerning Medicare Advantage regulations in Arkansas. The case was successfully transferred to federal court and dismissed.
• Represented a managed care company against a hospital seeking $20 million in out-of-network claims in Arizona federal court. The case settled on favorable terms for our client.
• Obtained dozens of summary judgments against claims seeking hundreds of millions of dollars in penalties under the Texas Prompt Pay Act.

EDUCATION:

• JD, Texas Tech University School of Law, summa cum laude, Order of the Coif, Texas Tech Law Review, Articles Editor, 2007
• BA, The University of Texas, with honors, 2004

BAR ADMISSIONS:

• Texas

COURT ADMISSIONS:

• US District Court, Southern District of Texas
• US District Court, Eastern District of Texas
• US District Court, Western District of Texas
• US District Court, Northern District of Texas

CLERKSHIPS:

• Supreme Court of Texas

Memberships:

• Houston Bar Association
• Houston Young Lawyers Association