Tom Melsheimer is the Managing Principal of the firm’s Dallas office, and head of the office’s trial practice. Mr. Melsheimer tries lawsuits in state and federal courts, emphasizing intellectual property, business torts, and False Claims Act litigation. His trial experience is unusually broad and extensive; on the civil side he has tried to verdict cases of patent infringement, antitrust, breach of fiduciary duty, fraud, and False Claims Act violations. On the criminal side, he has tried to verdict cases of bank fraud, public corruption, copyright infringement and kidnapping. He has successfully tried cases to juries for plaintiffs and defendants on both coasts and throughout Texas.
His $178 million jury trial win on behalf of the plaintiff in IRCC v. NL Industries, et al. in a breach of fiduciary duty case that included nearly $150 million in punitive damages was named one of the National Law Journal’s Top Verdicts of 2009 and was one of the three largest verdicts in Texas in 2009 and the largest verdict in Dallas County that year. On four previous occasions, Mr. Melsheimer’s cases have been recognized by that publication as some of the most significant national cases of 1998, 2005, 2006, and 2007. In 2012, Mr. Melsheimer, as co-counsel with the Texas Attorney General’s office, helped the state obtain the largest Medicaid fraud settlement in Texas history, a $158 million payment arising out of claims of illegal marketing practices associated with the drug Risperdal.
For more than a dozen years, he has represented Mark Cuban in litigation involving the Dallas Mavericks and other Cuban business interests.
Mr. Melsheimer has been married 30 years this July to Miki, a theater director and writer, and they have three children.
Texas jury rejects $85 million suit over online-ticketing patent
Fish & Richardson successfully represented a group of airlines that were targeted in a patent infringement lawsuit over online ticket reservation systems. Dallas Managing Principal Tom Melsheimer led the defense team in securing the successful verdict, which earned international media coverage, including this article published in The Dallas Morning News.
J&J’s $158 Million Settlement With Texas Approved by Court
Fish & Richardson successfully represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony elicited by Dallas Managing Principal Tom Melsheimer regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York Times, Bloomberg, The Texas Tribune, and a variety of other U.S. and international media outlets.
Brash, Bold Tactics Define Mark Cuban’s Lawyer, Too published in The Dallas Morning News.
"Tom Melsheimer and Craig Smith: Scouts' tentative decision fails leadership challenge," The Dallas Morning News, April 25, 2013.
"Privacy laws evolving in new era of technology," Houston Chronicle, March 23, 2012.
"Trial's Over, But Issues Remain," Preston Hollow People newspaper, October 7, 2011.
"Businesses' Fear of U.S. Jury System Is Irrational," Houston Chronicle, July 30, 2011.
"Guest Column: Why 'Loser Pays' is a Loser," The Dallas Morning News, May 13, 2011.
"Melsheimer and Smith: Hybrid bill offers best blueprint for Texas judicial selection," The Dallas Morning News, March 14, 2011.
"Melsheimer & Smith: Cornyn uses politics as law enforcement roadblock in Texas," Statesman.com, June 4, 2010.
"Thomas Melsheimer: Pope's first step to restoring my faith," The Dallas Morning News, May 14, 2010.
"Smith and Melsheimer: We're all better for Merrill Hartman," The Dallas Morning News, October 25, 2010.
"Campaign contributions: Financing order in the court," originally appeared in The Fort Worth Star-Telegram, March 20, 2010.
"Trashing Supreme Court not appropriate for Obama," Houston Chronicle, March 2, 2010.
"Web-savvy Jurors Create New Problem for Courts," Houston Chronicle, June 21, 2009.
"Melsheimer and Smith: One crime but not the other?" The Dallas Morning News, December 5, 2008.