Jason Tompkins is an Associate in the Birmingham office.  A member of the firm’s Appellate Focus Team, Business Litigation practice group, and Healthcare Litigation practice group, Jason’s practice encompasses a wide range of business and healthcare litigation at both the trial and appellate levels.  He has represented the firm’s clients in state and federal court, helped defend several class actions, and worked on appeals in the federal Courts of Appeals and the Alabama Supreme Court.  Jason is an Editor of the Alabama Appellate Practice Guide (1st ed. 2009) and Co-Editor of Balch & Bingham Appellate Weekly. 

Before joining Balch & Bingham, Jason practiced in the Washington, D.C. office of a prominent law firm, where he principally represented electric and gas utilities before the Federal Energy Regulatory Commission (FERC) and in appeals to the U.S. Court of Appeals for the District of Columbia.  Subsequently, Jason clerked for the Honorable Karon O. Bowdre, U.S. District Judge for the Northern District of Alabama.  While on leave from Balch & Bingham in the summer of 2010, Jason served as Special Counsel on the Senate Judiciary Committee for Ranking Member Jeff Sessions during the nomination of Elena Kagan to the U.S. Supreme Court.

Jason is licensed to practice law in Alabama, the District of Columbia, and New York.

REPRESENTATIVE TRANSACTIONS

• • APPELLATE:  Jason has worked on a number of appeals in both federal courts and the Alabama Supreme Court.  In 2009, Leigh Anne Hodge, Ed Haden, and Jason successfully argued for the Alabama Supreme Court to accept a number of mandamus petitions presenting the issue of whether the Medicare Advantage program’s statutory and regulatory provisions preempt state tort claims.  After full briefing, the cases were resolved before the Alabama Supreme Court reached a decision.  In 2010, Jason helped brief and prepare oral arguments for Heffner v. Blue Cross and Blue Shield of Alabama, 366 Fed. Appx. 975 (11th Cir. 2010), in which the Court of Appeals affirmed summary judgment in favor of Blue Cross in a putative class action for denial of benefits.
  • BUSINESS LITIGATION:  Jason has represented both finanical institutions and individual officers and directors faced with allegations of state and federal securities fraud.  He represents securities brokers and distributors in FINRA arbitrations.  Jason has handled numerous cases in federal court that involved claims under the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA).  In addition, Jason has represented our clients in various business disputes, consumer protection lawsuits, and trade practices cases.
  • HEALTHCARE LITIGATION:  Jason regularly represents the firm’s healthcare clients in litigation related to Medicare, insurance claims, and ERISA benefits.  Working with Chris Kimble, Jason recently obtained dismissal of a lawsuit filed by a Medicare provider corporation seeking millions of dollars in damages for alleged breach of contract, fraud, and violations of RICO in connection with Blue Cross’ handling of Medicare claims.  White v. Blue Cross and Blue Shield of Alabama, No. 2:10-cv-0166-KOB (dismissed Aug. 12, 2010).

PROFESSIONAL ACTIVITIES

• American Bar Association, Litigation Section
• Alabama State Bar
• Birmingham Bar Association, Bulletin Committee
• Alabama State Bar Mentoring Program
• Birmingham Inns of Court
• Defense Research Institute (DRI)

COMMUNITY RELATIONS

• • Junior Board of United Cerebral Palsy (UCP) of Greater Birmingham
  • Junior Board of Camp Smile-A-Mile (SAM)

PRIOR EMPLOYMENT

• The Honorable Karon O. Bowdre, United States District Court, Northern District of Alabama, 2007-2008
• Morgan, Lewis & Bockius, LLP, Washington, DC, 2005-2007

NEWS

PUBLICATIONS