Thomas A. Evans

• Won a full defense verdict in a three-week jury trial in Orange County Superior Court in favor of a life insurer against plaintiffs claiming that they had been misled into purchasing multimillion-dollar life insurance policies. Argued the case before the California Court of Appeal, which affirmed the defense verdict.
• Won dismissal of all RICO and breach of contract claims in a putative class action in the Southern District of Iowa involving interest crediting in indexed universal life policies.
• Argued and won summary judgment in the Central District of California on all claims against a life insurer relating to the design and administration of a 412(e)(3) defined benefit plan.
• Argued and won summary judgment in Los Angeles Superior Court on all certified claims in a class action alleging breach of annuity contracts. Defeated a renewed motion to certify additional claims. The decision was affirmed by the California Court of Appeal.
• Argued and won summary judgment in Orange County Superior Court in favor of a life insurer in an action alleging misrepresentation and negligence in  the marketing and design of a Section 79 retirement plan.
• Prepared and presented actuarial witnesses, experts, and arguments at reinsurance arbitrations on behalf of both insurers and reinsurers, resulting in awards in favor of clients.
• Defeated motion to certify claims for a breach of contract in Southern District of Iowa in a cost of insurance case.
• Won dismissal of a putative class action filed in Eastern District of California relating to disclosures in annuity contracts.
• Defended life insurers against class actions in federal courts in several states relating to the sale of equity indexed annuities, asserting claims under RICO, unfair trade practices, and fraud.
• Defended life insurers against class actions alleging breach of contract relating to cost of insurance provisions.
• Defeated a motion for certification of a nationwide class of annuity purchasers asserting claims under RICO.
• Defended a putative class action in the Southern District of California alleging that protein supplement labels overstated the protein content of the products. The plaintiffs dismissed after a motion for summary judgment was filed.
• Won dismissal of a case in Alameda County Superior Court claiming that organic infant formula contained ingredients not authorized by federal or California organic standards.
• Defended product retailers and manufacturers in courts throughout California against claimed violations of Proposition 65.

As a veteran member of Alston & Bird’s Litigation and Trial Practice Group and Insurance Team, Tom Evans helps clients navigate even the most complicated class action litigation.

When representing life insurance companies in class actions and other complex cases, Tom combines his understanding of state regulatory schemes, product design, pricing, and actuarial principles with his experience litigating claims ranging from breach of contract to RICO. He has also guided class settlements toward court approval, including defending against objections from private class members and public agencies.

Tom’s practice includes working one-on-one with experts and in-house witnesses to prepare and present complex actuarial evidence to courts and arbitrators at hearings and in support of motions for summary judgment, oppositions to class certification, and motions to dismiss.

Tom has authored over a dozen amicus briefs in support of insurers in federal and state courts across the country. He has also spoken on industry panels regarding developments in insurance class actions.

Tom also defends food and dietary supplement companies in cases involving the intersection of federal statutes and regulations with state consumer protection laws, including claims under California’s Unfair Competition Law, Consumers Legal Remedies Act, False Advertising Law, and Proposition 65.

Tom has served as the pro bono partner for the San Francisco office since its opening in 2017.

Bar Admissions

• California
• Alaska

Education

• University of Michigan (J.D., 1993)
• Georgetown University (B.S.F.S., 1990)

Court Admissions

• U.S. District Court, California, Northern District
• U.S. District Court, California, Central District
• U.S. District Court, California, Southern District
• U.S. District Court, California, Eastern District
• U.S. District Court, Alaska
• U.S. Court of Appeals, 9th Circuit