Thomas V. Van Flein
Member
907-272-9228
Fax: 907-272-9586
Anchorage, AK

 

Practice Areas

Employment Law/Personnel Matters/Ethics
Professional Liability
Appellate Advocacy
Construction Defect
Business Litigation
Insurance Bad Faith

Education

University of Arizona College of Law, Juris Doctorate (1989)
University of Alaska, Fairbanks, B.A. Political Science (1986)

Experience

Mr. Van Flein is a graduate of the University of Arizona College of Law, where he was Editor-in-Chief of the Arizona Journal of International and Comparative Law. He was a law clerk for the Alaska Supreme Court, Justice Edmond Burke, and was President of the Anchorage Inn of Court. He has been the Editor-in-Chief of the Alaska Bar Rag since 2000, and published several articles in law reviews, as well as numerous articles for professional organizations such as the Alaska Dental Society. He is also a frequent lecturer for medical, dental, and general business risk management seminars.

Mr. Van Flein has handled numerous cases in state and federal court, as well as many appeals. Mr. Van Flein also represents physicians, dentists, and other health care providers in professional licensing actions, as well as lawyers, accountants and other professionals. He handles product liability and employment law cases, and is active in training employers to avoid or reduce employment law problems.

Significant Trial Verdicts

Jones v. Bowie (March 2008) (complete defense verdict for client)
Riedel v. Gratrix, et al. (verdict for client Riedel of $504,000)
Big Iron v. Western Star (treble damages under Alaska Unfair Trade Practices Act)
Reeves v. Alyeska (largest verdict in Fairbanks as of 1998 in favor of client in excess of $18,000,000 though reduced on appeal and post-trial)
Johnson v. State ($2.2 million verdict for client against State of Alaska)

Significant Appellate Decisions

Grandstaff v. State, 171 P.3d 1176 (Alaska App. 2007) (counsel for amicus curiae Alaska Dental Society)
Scammon Bay Association v. Ulak, 126 P.3d 138 (Alaska 2005) (counsel for Suburban Propane)
Western Star Trucks v. Big Iron Equipment, 101 P.3d 1047 (Alaska 2004) (groundbreaking decision establishing rights for businesses under the Alaska Unfair Trade Practices Act)
Still v. Cunningham, 94 P.3d 1104 (Alaska 2004)
In re S.H., 54 P.3d 780 (Alaska 2002)
Reeves v. Alyeska Pipeline Service Co., 56 P.3d 660 (Alaska 2002)
Trombley v. Starr Wood Cardiac Group, 3 P.3d 916 (Alaska 2000)
State v. Johnson, 2 P.3d 56 (Alaska 2000)
In re S.H., 987 P.2d 735 (Alaska 1999)
Reeves v. Alyeska Pipeline Co., 926 P.2d 1130 (Alaska 1996)
Sperber v. Robinson, 31 Cal.Rptr.2d 659 (1994)

Recent Publications

• The Baker Doctrine and the New Federalism: Developing Independent Constitutional Principles Under the Alaska Constitution, 21 Alaska Law Review 227 (December 2004) (read the article here >)
• Allocation of Fault and Products Liability: A Comment on Safety Products and Human Error, 19 Alaska Law Review 141 (June 2002) (read the article here >)
• Prospective Application of the Restatement (Third) of Torts: Products Liability In Alaska, 17 Alaska Law Review 1 (June 2000) (read the article here >)
• Standards of Proof Under I.N.S. v. Fonseca; Separate Tests for Withholdings of Deportation and Grants of Asylum, 5 Ariz. J. Int'l & Comp. L., 259 (1988)
• Numerous practice guides for continuing education seminars in employment law, premises liability, and risk management for health care professionals
• Quarterly columns for the Bar Rag since 2000

Admissions

Mr. Van Flein is admitted to practice in Alaska, before the United States District Court for the District of Alaska, and the Ninth Circuit Court of Appeals, and is an inactive member of the California Bar.

Affiliations

Alaska Supreme Court Civil Rules Committee (Member)
Vice-Chair—Anchorage Zoning Board of Examiners & Appeals (2004-present)
Anchorage Inns of Court (President 2002-2003)
Alaska Bar Association (Civil Rules Sub-Committee)
Editor-in-Chief—Alaska Bar Rag (2000-present)
Ranked by Chambers USA as Top Three Attorney in Alaska (Employment 2003)
Invited for membership in the Million Dollar Advocates Forum for obtaining $2.2 million settlement in 1994, $1.8 million settlement in 1993, $14 million verdict in 1998, $2.2 million verdict in 1997, and $1 million settlement in 1998.

Thomas Van Flein started his legal career as a law clerk for Justice Burke on the Alaska Supreme Court after graduating law school from the University of Arizona College of Law. He was selected as Editor-in-Chief of the Arizona Journal of International & Comparative Law, and was selected for the University of Arizona National Moot Court Team and awarded the Jenkes Award for Outstanding Overall Advocate and the O'Connor Award for Best Second Year Advocate. He worked for several years in Los Angeles for the 20th largest law firm in the U.S., Paul, Hastings, Janofsky & Walker, where he was a litigation associate focusing on commercial litigation. Upon returning to Alaska in 1995, he helped start what is now Clapp, Peterson, Van Flein, Tiemessen & Thorsness.

Mr. Van Flein, and his firm, were ranked No. 1 in the state of Alaska in employment law for employees by Chambers USA on the first time they were submitted for consideration, and it was reported that Mr. Van Flein "was recognized as a sharp lawyer who sorts the wheat from the chaff." One witness left the stand and described Mr. Van Flein's court room style as "smart, compassionate and tenacious." An opposing attorney wrote about Mr. Van Flein’s “particularly grueling cross-examination of her witness.”

In 2007, Mr. Van Flein was appointed as special counsel for the Chugach Electric Association Board of Directors with the duty of resolving a contentious intercine litigation dispute between current and former board members, which he accomplished. See Chugach Electric Assoc. v. Krieg, 3AN-06-13743. He was hired by the Anchorage Police Department to defend two officers and was successful in getting the lawsuit dismissed without any payment of money by the city. (See Erkins v. MOA, Case No. A00-0022 Civil (HRH)).

In 2005, Mr. Van Flein, along with Mr. Tiemessen, were appointed as Special Counsel by Special Master Daniel Winfree, through the Bankruptcy Court, to investigate and prosecute ethical and legal improprieties regarding state appointed guardianships through CAPA. The prosecution resulted in a recovery of almost $1 million dollars on behalf of defrauded wards.

Mr. Van Flein was President of the Anchorage Inn of Court and was a Board Member for many years. The Inn of Court focused exclusively on professional ethics, civility and professionalism in the legal profession. He is currently Editor-in-Chief of the Alaska Bar Rag (the official publication of the Alaska Bar Association) and has been since 2000. He is presently a member of the Alaska Supreme Court Civil Rules Committee.

Mr. Van Flein is general counsel for the Alaska Dental Society, and was the lead attorney representing the ADS in a declaratory action regarding the complex interaction between the State police powers to regulate the practice of medicine and dentistry and the U.S. Constitution supremacy clause as it related to conflict preemption and federal funding of rural health aides. He has tried many civil cases, and has handled numerous administrative actions involving ethics.

Mr. Van Flein is a frequent lecturer (including guest lectures at UAA and Wayland Baptist University) on medical and legal ethics and employment law, and writes extensively. See "Employment Law Issues" (2003). See "Doing the Right Thing: Should You Pay for Subsequent Health Care After A Complication" (ADS Update March 2007); "How Often Have You Done This? The Doctor's Duty to Disclose" Alaska Update Feb. 2000 pp. 12-13; UAA Professor Ellen Kazor writes: “Once again, your presentation made a definite impact. The students were speechless after you left. While I do my best to instill in the students the legal and ethical responsibilities they have as dental hygienists your word carries far more weight"). Mr. Van Flein's opinion on employment law issues is frequently sought.

He has taught other lawyers on ethics (Panel Member on "Managing Ethical Issues in Your Day to Day Practice in Alaska") (Dec. 2005) and employment law. See "Investigation of Workplace Harassment " (11/21/2006 Alaska Bar Association Employment Law Section).

Mr. Van Flein has tried numerous cases, both as defense and prosecuting attorney. For example, recently in March 2008 he and Mr. Tiemessen tried a four week jury trial in Anchorage before Judge Jack Smith wherein the plaintiff was seeking $5.5 million for the traumatic amputation of his entire leg due to allegedly defective machinery. Mr. Van Flein and Mr. Tiemessen represented the product manufacturer and obtained a complete defense verdict for their client Bowie Industries. He has successfully defended many health care providers, for example, getting the dismissal of all claims (without payment or settlement) against an orthopedic physician (Felix v. Dr. Hall, Case No. 3AN-06-6149 ), the dismissal of all claims against a surgeon (Malanaphy v Dr. Chennault, Case No. 3KN 06 904) dismissal of all claims against a radiologist (Barth v. Providence Hospital and Dr. Coyle, 3AN-05-9648) and many others.

Mr. Van Flein prosecuted a case against the State of Alaska on behalf of an injured person and obtained a $2.0 million verdict against the State. (Johnson v. State). Mr. Van Flein obtained an $18.9 million verdict against Alyeska Pipeline Company (subsequently reduced on appeal). (Reeves v. Alyeska, Case No. 4FA-93-956). He recently obtained a $500,000 verdict on behalf of a teenager beaten by a mob.

Mr. Van Flein is presently the Vice-Chair of the Anchorage Zoning Board of Examiners and Appeals, appointed by Mayor Mark Begich in 2004.