Thomas M. Blumenthal
"I consider it a success if our business clients never get sued or have need to sue others."
"I consider it a success if our clients in litigation are satisfied with the process, because it is rare in today's litigious society that a client is ever satisfied with the result . . . especially when they win. The process is too expensive, it takes too long, and it often appears to lack respect for the parties. So our goal is to get the client through the process fully informed at each step of the way, and with the least amount of pain, expense and delay. This is what led me to mediation and arbitration: finding alternative ways to reach resolution which are less painful, expensive and time consuming than trial."
"Of course if you must go to trial, then regardless of the expense, preparation is essential. From the beginning the trial lawyer must prepare the case for the trial courtroom and for the court of appeals, both at the same time. Since you have no ultimate control over whether the case will go up on appeal, especially when you win, you had better be ready to go there with it."
Thomas Blumenthal has been in courtrooms, appellate courts, mediations, and arbitrations for over 30 years and in many parts of the country. He has tried and won $5.3 million jury cases. He has taken cases to the Missouri Supreme Court and the United States Supreme Court, where winning and losing are always questions of degree. He has mediated cases and serves regularly as a mediator of business and employment cases. He teaches arbitration at the Washington University School of Law and is on national and international arbitration and mediation panels with the American Arbitration Association and other provider organizations.
Mr. Blumenthal is familiar with every aspect of the litigation process, as well as ways to avoid the pitfalls of the process. He has approached the process from the academic point of view in pre-trial practice, trial practice, clinic, and arbitration courses; from the practitioner point of view as trial lawyer, appellate lawyer, and advocate in mediations and arbitrations; and from the judicial point of view as mediator and arbitrator of complex cases. As a result, his approach is practical and accessible: as a client you understand your own case as you go along, something missing from much representation today.
Mr. Blumenthal also believes in the responsibility of the Bar to help those in need. He volunteers as a facilitator to the Missouri Bar Dispute Resolution Program, working on disputes between attorneys and their clients. He has represented the poor and the shunned of society, first as a Reginald Heber Smith Community Lawyer Fellow, then as a Legal Aid attorney, and for all of his career as a co-operating attorney for the American Civil Liberties Union. He has defended the unpopular and has been able to vindicate their troubled quest for justice and fair treatment under the Constitution.
"And every once in a while, you get lucky, and get to represent one of the Beatles."
(Mr. Blumenthal has represented the Estate of John Lennon, and defended another client who was sued by George Harrison.)
Mr. Blumenthal practices in the areas of General Civil Litigation, Business Litigation including Employment and Intellectual Property issues, Appeals, Arbitration as an arbitrator, and Mediation as a mediator.
Areas of Practice
- Mediation
- Arbitration
- Litigation
Certified Legal Specialties
- Approved Mediator, Federal and State Courts, American Arbitration Association
- Certified Mediator, International Mediation Institute
Bar Admissions
- Missouri, 1976
- U.S. District Court Western District of Missouri, 1977
- U.S. District Court Eastern District of Missouri, 1977
- U.S. Court of Appeals 8th Circuit, 1985
- U.S. Supreme Court, 1988
Education
- University of Missouri-Columbia School of Law, Columbia, Missouri
- J.D. - 1976
- Washington University, St. Louis, Missouri
- B.A. - 1973
- Major: English Literature
Published Works
- Civil Rules Practice, Rules 77 to 84, Missouri Practice Series, Vol. 17, 2nd Edition
- The Equal Protection Clause Applied to the Rights of School Children W, Vol. XXXIV ST. Louis Bar Journal, No. 3, pp. 15-20, 1988
Representative Cases
Classes/Seminars
- Arbitration Theory and Practice, Washington University School of Law, 2006 - Present
- Pre-Trial Practice and Procedure, Washington University School of Law, 1979 - 1983
Honors and Awards
- Best Lawyers in America, Alternate Dispute Resolution, 2007 - Present
- Missouri/Kansas Super Lawyers, Alternate Dispute Resolution, 2006 - Present
- U.S. Supreme Court Case Concerning Individual Constitutional Privacy Rights, 1989
- U.S. Federal Court $3.8 Million Construction Federal Jury Verdict, Upheld on Appeal, 1996
- U.S. Federal Court Intellectual Property Case: Estate of John Lennon vs. Screen Creations, Ltd., Representing the Estate of John Lennon, 1994 - 1996
- Missouri Supreme Court Significant Business Fraud Case Against Bank, 2002
Professional Associations and Memberships
- Association of Attorney Mediators, Member
- American Arbitration Association, Arbitrator, Mediator
Past Employment Positions
- Reginald Heber Smith Community Lawyer Fellowship, Fellow, 1976 - 1978
- Washington University School of Law, Clinical Law Teacher, 1979 - 1983
Pro Bono Activities
- President, American Civil Liberties Union of Eastern Missouri, 1989-1992; 2007 - 2010
- Dispute Resolution Facilitator, Missouri Bar
Ancillary Businesses
- Arbitration
- Mediation






