Thomas J Whalen

Thomas J. Whalen, age 84, passed away on Saturday, May 20, 2023, in the loving company of his daughter. Visitation will be 10 am Friday, June 16, 2023 at Annunciation Catholic Church at 3810 Massachusetts Ave., NW, Washington, D.C. 20016. Funeral mass will follow at 11 am. Reception to follow mass in the Parish Center. Interment will be private.

A Jersey City, New Jersey native, Tom was born on July 29, 1938, to Arthur and Mae Whalen. Tom graduated from Seton Hall Preparatory School (West Orange, N.J.) in 1956. He earned his undergraduate Bachelor of Arts degree in English Literature from St. Peter’s College, now University, (Jersey City, New Jersey) in 1960. He went on to receive his Juris Doctorate from Georgetown University Law Center (Washington, D.C.) in 1963. Mr. Whalen was licensed to practice in New York, New Jersey, and the District of Columbia.

In 1970, Tom began his 46-year journey with his wife Anne Donovan Whalen, moving together to Washington, D.C. in 1982. Tom was preceded in death by his parents, his wife, his brothers-in-law Daniel Donovan and Bill Grayson, and his nephew Richard Grayson. He is survived by his daughter Honoré “Nora” Whalen Wagner and son-in-law David Wagner. He is survived by his sisters-in-law Helen Marie Grayson and Marcella Donovan, as well as his nephew Dan Donovan, and his nieces Marcella Donovan Walker (Ryan) and Winifred Grayson.

From 1963 to 1964, Tom was law secretary to the Honorable Gerald McLaughlin of the U.S. Court of Appeals for the Third Circuit and thereafter served three years as an officer in the U.S. Army. In his final year of military service (1966-1967), with a rank of Captain in the Judge Advocate General’s Corps, he served as U.S. Customs Officer overseeing customs-free entry of U.S. government consignments at the civilian Port of Saigon.

His brilliant legal mind specialized in the fields of aviation litigation; airline regulatory issues; the sale, financing and leasing of aircraft; general litigation and arbitration and issues relating to U.S. export controls; U.S. Economic Sanctions; the liability of Outside Directors and the Foreign Corrupt Practices Act.

Tom represented international airlines and their insurers, as well as other domestic and international business clients, in litigation and international arbitration.

Tom argued Stencil Aero Engineering Corporation’s appeal before the Supreme Court of the United States. He successfully defended the United States in a $180,000,000 class action suit brought by citizens of Rapid City, South Dakota, who claimed that the Rapid City Flood of 1972 was partially caused by scientific rainmaking activities negligently conducted pursuant to a contract with the United States. Tom achieved reversal of a multimillion-dollar judgment against a commercial helicopter operator by the Supreme Court of the United States which established the landmark precedent governing U.S. jurisdiction over a foreign company involved in a foreign accident. Tom obtained the grant of a Petition for a Writ of Certiorari by the Supreme Court of the United States and argued the case of Kawashima v. Holder before the Court.

People wishing to honor Tom’s lifelong commitment to family and community can make donations to the Annunciation Catholic Church (3810 Massachusetts Avenue, NW, Washington, DC 20016). Contributions to the Anne Donovan and Thomas J Whalen scholarship fund at St. Peter’s University would also be welcome. (St. Peter’s University, Attn: Sharon Morrissey, 2641 Kennedy Blvd., Jersey City, NJ 07306