Curtis J. Thomas

Representative Experience

Business and Real Estate Litigation

• Lead counsel in bench trial in Atoka County District Court concerning contract damages for unpaid invoices and personal guaranty enforcement issues. Successfully defended the enforceability of client’s personal guaranty provisions and obtained a judgment in excess of $1 million.
• Obtained unanimous verdict on behalf of landlord in a jury trial regarding tenant’s failure to take possession of commercial property and fulfill the terms of the lease. The underlying lease dispute involved legal questions concerning interpretation of the lease agreement and factual questions about tenant’s efforts to comply with the lease.
• Negotiated a successful resolution of client employer’s inadvertent hiring of an employee subject to restrictive covenants, including ensuring client did not become a named party in the underlying lawsuit.
• Worked with lead counsel to obtain resolution of disputes between members of closely held limited liability company, defending clients against claims of breach of fiduciary duties and navigating underlying complex non-legal personal histories and conflicts.
• Represented numerous individual members/shareholders of closely held companies and the companies to obtain favorable resolutions of intra-company disputes.
• Successfully represented numerous landlords in prosecuting actions for and obtaining possession of leased premises after tenant breach.
• Obtained summary judgment on behalf of commercial developer against a subcontractor for lien claim that did not comply with the lien statutes, resulting in significant reduction in the lien amount.
• Obtained favorable resolution of a dispute on behalf of a court-supervised life settlement portfolio and its court-designated servicing company for claims related to the service company’s performance of its obligations.
• Obtained favorable resolution in significantly reducing claims against an aircraft maintenance facility related to its provision of installation and repair services, including obtaining partial summary judgment in a AAA commercial arbitration proceeding.
• Successfully defended clients from claim of violations of Residential Property Condition Disclosure Act claims, resolving the filed litigation and demands for over $800,000 in damages for less than $100,000.
• Obtained successful resolution and enforcement of promissory note obligation where promissory note was not drafted by counsel.
• Obtained successful resolution of numerous issues following client’s sale of franchise fast food locations, including securing payment of certain escrow funds and obtaining lease estoppel certificates for underlying real property.
• Assisted in drafting summary judgment motion in a breach of contract action that resulted in a favorable verdict for a large oil and gas client.
• Assisted in obtaining favorable settlement on behalf of large industrial client for damage to factory caused by independent contractor.
• Obtained judgment in favor of local pediatric practice against another party for its breach of contract and negligence concerning handling of patient records.
• Worked with lead counsel to obtain favorable settlement in a bad faith claim for large national insurance provider.

Healthcare Litigation

• Obtained favorable ruling at the administrative law judge stage of appeal proceedings on behalf of home health care company overturning a Medicare contractor decision to make post-payment denial of certain claims and recoup several hundred thousand dollars in paid claims. The ALJ decision was upheld by the Medicare Appeals Council. The ALJ’s decision invalidated the statistical sampling methodology and extrapolation determination made by the contractor’s statistician in the initial review. The ALJ found, by a preponderance of the evidence, that the statistical sampling and extrapolation did not meet the requirements set forth in Chapter 8 of the Medicare Program Integrity Manual.
• Successfully represented hospital in a three-day fair hearing to defend hospital’s decision to terminate a physician’s privileges, calling and cross-examining numerous physicians and other fact witnesses as well as examining and cross-examining expert witnesses and handling all aspects of the pre-hearing protocols, including discovery, witness interviews, legal research, and hearing briefs.
• Represented several hospital clients with respect to all aspects of terminating a physician’s privileges, including witness interviews, by-law reviews, advising medical executive committees, preparing witnesses for hearing, databank reporting, and negotiating resolutions of the same. 
• Successfully and deftly navigated administrative agency leadership changes to obtain a negotiated resolution permitting the professional to maintain his license.
• Defended a SoonerCare enrolled provider from allegations of overbilling by the Oklahoma Attorney General’s Medicaid Fraud Control Unit and negotiated a reduced multiplier demand resulting in significant savings for the client.
• Advised numerous providers, provider groups, and other healthcare entities regarding overbilling/overpayment, including appealing recoupment demands, defending claims from Oklahoma Attorney General’s Medicaid Fraud Control Unit, and determining appropriateness of voluntary repayment to HHS/OIG.
• Represented nursing homes in involuntary discharge proceedings.

Other Representative Experience

• Represented clients before numerous state agencies and boards regarding discipline and licensure issues, including Oklahoma Healthcare Authority, Oklahoma Pharmacy Board, Oklahoma Board of Medical Licensure and Supervision, Oklahoma Board of Osteopathic Examiners, Oklahoma Board of Nursing, Oklahoma Board of Veterinary Medical Examiners, and others.
• Primary responsibility for drafting appeal briefs involving a terminated municipal police chief, defending the termination decision successfully in district court, the Oklahoma Court of Civil Appeals and the Oklahoma Supreme Court, and successfully obtaining summary judgment on a collateral federal lawsuit asserting violations of 42 U.S.C. § 1983.
• Successfully represented one of the largest privately held providers of parking management services in its attempts to compel arbitration and stay a federal lawsuit filed by a former employee who asserted claims of race discrimination.
• Obtained dismissal of a federal civil rights suit filed against an Oklahoma municipality by former police chief.
• Successfully defended an Oklahoma municipality in an administrative appeal to district court concerning the termination of two city employees.
• Obtained summary judgment on former employee’s workers’ compensation retaliatory discharge claim.
• Assisted in drafting successful summary judgment motion on behalf of an employer as to former employee’s racial, gender and age discrimination claims.
• Conducted employee investigations including allegations of fraud, company theft, and other employee misconduct.
• Advised multiple employers, including a high-profile nonprofit organization, concerning employee termination issues.
• Advised multiple clients on requirements of Oklahoma’s Open Meetings Act and Open Records Act.