Thomas H. Sloan, Jr.

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Tom Sloan is one of the founding partners of Keller, Sloan, Roman LLP formed in 1998.

He has tried over 80 cases to jury verdict in a wide range of subject matters. His practice is largely commercial litigation, involving intellectual property (trademarks and trade dress), contract disputes, securities fraud, antitrust, real estate fraud, misappropriation of trade secrets, lender liability, wrongful termination, and insurance coverage and bad faith; as well as product liability construction defects, construction accidents. He also defends institutions for alleged negligence in hiring or supervising employees who commit assaults.

Tom has tried cases throughout the state of California and in federal courts across the United States. He was a national trial counsel for A.H. Robins in the Dalkon Shield litigation, trying several cases in Massachusetts, Florida and California. Tom has successfully defended against multi-million dollar claims for a wide variety of clients in widely diverse types of cases. In those instances he represents plaintiffs; he has obtained eight figure jury verdicts.

Tom has been designated as a California Super Lawyer in Commercial Litigation every year since that award was established in 2004.

Education

  • Harvard University, J.D., cum laude, (1973)
  • Yale University, B.A., summa cum laude, honors with special distinction, (1970), Phi Beta Kappa

Judicial Clerkship

  • United States Court of Appeals for the Ninth Circuit ( Hon. James Carter)

Admitted to Practice

  • California (1973)
  • All California Federal District Courts
  • United States Court of Appeals for the Ninth Circuit (1977)
  • United States Court of Appeals for the Eleventh Circuit

Professional Affiliations and Activities

  • American Bar Association (Sections: Litigation; Torts and Insurance Practice)
  • State Bar of California
  • Defense Research Institute
  • Bar Association of San Francisco
  • Judicial Law Clerk, United States Court of Appeals for the Ninth Circuit, The Honorable James Carter
  • Association of Defense Counsel of Northern California
  • Named a Super Lawyer by San Francisco Magazine

Notable Engagements

Following are examples of matters Tom has handled.

  • Defended internet company accused of breach of contract by large credit rating company.  Case resulted in defense verdict and award of attorney’s fees.
  • Defended private San Francisco school in action alleging negligent supervision of children and child sexual abuse.  Case resulted in defense verdict in favor of school.
  • Obtained summary judgment in favor of insurance company in coverage and bad faith action arising from lawsuits alleging video game defects and negligent misrepresentation. (The Ninth Circuit affirmed in a published decision defining the policy term ‘negligent publication’ for the first time in the context of insurance coverage.)
  • Prosecuted action against Motorola and Bechtel on behalf of Invensys alleging breach of contract, fraud and tortious interference with contract in connection with construction of computer chip factory in China. Case settled favorably on confidential terms shortly before trial.
  • Defended Invensys in action by competitor alleging violations of California antitrust laws arising from the means and methods employed by Invensys in the sale and distribution of its products. Case settled on terms favorable to Invensys, requiring no payment of compensation and no change in business behavior.
  • Defended Quest Industries in two-week trade dress jury trial in Federal District Court of Florida. Result: Defense verdict.
  • Defended Barber-Colman Company in a $21-million security fraud case in Los Angeles Federal District Court, jury trial. Result: Defense verdict.
  • Prosecuted an action on behalf of plaintiff First West Companies alleging breach of an asset management contract in Orange County Superior Court, jury trial. Result: $12,000,000 verdict for client.
  • Prosecuted an action on behalf of plaintiff Grubb & Ellis alleging breach of contract and fraud in Los Angeles County Superior Court, jury trial. Result: Plaintiff’s verdict for compensatory and punitive damages totaling $1.5 million.
  • Defended Sanwa Bank in a lender’s liability case in San Bernardino County Superior Court, jury trial. Result: Defense verdict.
  • Defended A.H. Robins in seven trials alleging personal injury arising from use of the Dalkon Shield intrauterine device: four defense verdicts and three verdicts with award lower than settlement demand.
  • Defended Hawaii insurance broker and assisted in prosecuting insured’s claims in an action against certain foreign underwriters in a case of insurance coverage denial, bad faith and broker’s negligence in San Diego Federal District Court, jury trial. Result: Defense verdict in favor of insurance broker; insured’s verdict against certain underwriters in the sum of $5.4 million.
  • Defended Swiss mining company in a case alleging breach of joint venture agreement, theft of trade secrets, fraud, and damages of $20 million, in Los Angeles County Superior Court, jury trial. Result: Defense verdict.
  • Represented various companies in the asbestos litigation.

Teaching and Speaking Engagements

  • “Direct and Cross-Examination,” Instructor and Speaker at Practicing Law Institute Workshop
  • “Developments and Trends in Insurance Bad Faith Law,” Seminar, Washington
  • “Strategies in Cross-Examination of a Witness,” presented at ABA Forum on the Construction Industry and TIPS Fidelity and Surety Law Committee

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