Thomas is a member of Gray Plant Mooty’s Litigation and Banking & Financial Services practice groups and concentrates his practice in commercial litigation, debtor/creditor and bankruptcy law, contract disputes, partnership and closely held corporation disputes, agricultural law, probate litigation, and insurance coverage litigation. He is a mediator, arbitrator, and a qualified neutral under Rule 114 of the Minnesota General Rules of Practice.
Prior to joining GPM, Thomas was a litigation partner with Watkiss and Campbell in Salt Lake City, Utah, a litigation associate with Lane and Waterman in Davenport, Iowa, and law clerk to Justice Christine Durham of the Utah Supreme Court. He was also a lecturer at Cornell College and served as a budget analyst at the Marine Corps Development and Education Command in Quantico, Virginia.
Thomas serves on the firm’s Professional Review Committee and is the ethics, conflicts, and malpractice compliance officer for the St. Cloud office. He was the chief executive officer for Hall & Byers P.A. at the time of the merger with Gray, Plant, Mooty and has served as the managing officer for the St. Cloud office and on the 2005 Strategic Planning Committee and Attorney Personnel Committee.
Experience
- Litigated matters involving contract disputes, partnership and closely held corporation disputes, property line and easement disputes, and construction disputes.
- Litigated matters involving insurance coverage issues for private businesses, veterinary malpractice related large hog production facilities, sale of Section 42 housing projects, trademark and trade name matters, and municipal licensing in the construction trades.
- Represented creditors and financial instructions in the foreclosure of farm real estate and in priority of agricultural liens.
- Contested Chapter 11 plan approval litigation and real and personal property priority disputes in bankruptcy court.
- Served as general counsel and special council for bankruptcy trustees in Chapter 7 and Chapter 11 cases involving a $30 million check kiting and cattle marketing scheme in Minnesota, $350 million Ponzi and cattle marketing scheme in Missouri, destruction of a large document storage facility, and a lien priority dispute related to the operation of meat processing and marketing business and involving millions of dollars in dishonored checks.
Representative Cases
- Gnifkowski v. United States, 2004-1 U.S. Tax Cas. (CCH) P50,219; 93 A.F.T.R.2d (RIA) 1159 (D. Minn. 2004).
- Birch Publ'ns, Inc. v. RMZ of St. Cloud, Inc., 683 N.W.2d 869 (Minn. Ct. App. 2004).
- Britamco Underwriters, Inc. v. A & A Liquors, 649 N.W.2d 867 (Minn. Ct. App. 2002).
- Standard Heating v. City of Minneapolis, 137 F. 3d 567 (8th Cir. 1997).
- Ries v. Firstar Bank Milwaukee, N.A. et. al (In re: Spring Grove Livestock Exchange); Kunkel v. Firstar Bank Milwaukee, N.A. et. al. (In re: Morken), 205 B.R. 149 (Bankr. D. Minn. 1997); Reversed in part and remanded, Kunkel v. Firstar Bank Milwaukee, N.A. et al, Civ. No. 97-613/RHK (D. Minn. filed August 26, 1997).
- Kunkel v. Ries et. al. (In re: Morken), 199 B.R. 940 (Bky. D. Minn, 1996; Reversed in part and remanded, Kunkel v. Ries et. al., Civ. No. 4-96-934/ADM (D. Minn. filed July 3, 1997).
- Kunkel v. Sprague National Bank et. al. (In re: Morken), 198 B.R. 734 (D. Minn. 1996): aff'd. Kunkel v. Sprague National Bank et. al., 128 F. 3d. 636 (8th Cir. 1997).
- Kemper Ins. Co. v. Profile Sys. (In re Profile Sys.), 193 B.R. 507 (Bankr. D. Minn.1996).
- Monfort, Inc. v. Kunkel et. al. (In re: Morken), 182 B.R. 1007 (Bankr. D. Minn. 1995).
- GTE Corp. V. Williams 904 F.2d. 536 (10th Cir. 1990).
- In re O-Jay Foods, Inc., 110 B.R. 895 (Bankr. D. Minn. 1989).
- Helmi v. Anesthesia Assocs. P.C., 620 F.2d 181 (8th Cir. 1980).
Education
- University of Iowa College of Law, J.D., with high distinction, 1979
- Columbia University, M.A. in political science, 1974
Lydia C. Roberts Fellow
John W. Burgess Distinguished Fellow - Cornell College, B.A. in political science, summa cum laude, 1971
Phi Beta Kappa
Bar Admissions
- Illinois
- Iowa
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. District Court, District of Minnesota
- U.S. District Court, District of Utah
- U.S. District Court, Eastern District of Illinois
- U.S. District Court, Southern District of Iowa
- Utah (inactive)
Professional Activities
- American Bar Association, Litigation Section
- Illinois State Bar Association
- Iowa State Bar Association
- Minnesota State Bar Association, Agriculture, Bankruptcy, Litigation, and
- ADR Sections
- Utah State Bar Association
Community Involvement
- CentraCare Foundation, Hospital Expansion Capital Campaign, cochair
- St. Cloud State University, Institutional Review Board, community member
- United Cerebral Palsy of Central Minnesota, board member, past vice president and president, 1992-2007
- United Way of Central Minnesota, Allocation and Agency Evaluation Committees, Leaders in Giving Program, fundraising team member, 1995-2002