Thomas P. Manning
BIPC Logo

Thomas P. Manning

Counsel

Philadelphia, PA
 
 
 

Thomas P. Manning handles complex business disputes in federal and state trial and appellate courts both locally and throughout the country, including contract disputes, business torts and RICO. He has experience in the defense of securities fraud class actions and antitrust class actions, including multi-district class actions.

Thomas has also represented corporate directors and officers in derivative actions alleging breach of fiduciary duties. He began his legal career as a law clerk for the Honorable Anita B. Brody of the United States District Court for the Eastern District of Pennsylvania.

Thomas's recent engagements include:

  • Obtaining a complete trial victory for client Cook Composites and Polymers in a five-week federal jury trial stemming from a $405 million lawsuit filed by Viking Yacht Company and Post Marine.
  • Obtaining a significant free speech victory for our client, who holds a gaming license under the Pennsylvania Gaming Act, in a case in which the Pennsylvania Supreme Court declared that a provision of the Gaming Act prohibiting political contributions from licensees violated the Pennsylvania Constitution's guarantee of freedom of expression.
  • Successfully petitioning the U.S. Court of Appeals for the Third Circuit to take two  discretionary appeals from orders granting class certification in two different Sherman Act §1 cases, and then briefing both appeals on the merits, which resulted in the decertification of the classes and the clarification of the standards for granting class certification in the Third Circuit.
  • Obtaining dismissal of a securities fraud class action complaint against our client, a logistics services company, filed in federal court following a restatement of earnings.
  • Preserving on appeal a judgment in favor of our client, a national franchisor, in a breach of contract action following the termination of a lease.
  • Establishing, in a case of first impression, that §304 of the Sarbanes-Oxley Act does not provide a private right of action for disgorgement against a corporate client's CEO and CFO.
  • Obtaining a judgment denying all relief in a books and records inspection action filed in the Delaware Court of Chancery.
  • Obtaining dismissal of a derivative lawsuit filed against the directors and officers of a pharmaceutical wholesaler.
  • Obtaining dismissal of a suit against our client alleging claims of breach of contract and fraud resulting from an aborted acquisition and successfully preserving that judgment on appeal.
  • Obtaining the dismissal of an antitrust "group boycott" lawsuit brought against a pharmaceutical distributor in federal court in New York.
  • Defending a pharmaceutical wholesaler against a breach of contract/fraud lawsuit in federal court in New Jersey.
  • Having the Pennsylvania Supreme Court grant a petition for allowance of appeal on the issue of whether a party that produces documents in response to a federal court subpoena is protected by absolute immunity from a subsequent state court action for defamation based upon the contents of those documents.

Representative Cases

  • DePaul v. Commonwealth of Pennsylvania, 969 A.2d 536 (Pa. 2009).
  • In re Hydrogen Peroxide Antitrust Litigation, 552 F.3d 305 (3d Cir. 2008).
  • In re Plastics Additives Antitrust Litigation, No. 07-2159 (3d Cir. Jan. 27, 2009).
  • In re Stonepath Group Securities Litigation, No. 04cv4515, 2006 WL 890767 (E.D.Pa. Apr. 3, 2006).
  • 27th & Girard Ltd. Partnership v. McDonald’s Corp., No. 04-3839, 160 Fed. Appx. 136 (3d Cir. Dec. 13, 2005).
  • In re Stonepath Group Securities Litigation, 397 F. Supp.-2d 575, (E.D. Pa. Oct. 27, 2005).
  • Neer v. Pelino, et al., 389 F. Supp. z2d 648 (E.D. Pa. Sept. 27, 2005).
  • Naturopathic Labs. Int’l Inc. v. SSL Americas, Inc., 18 A.D.3d 404, 795 N.Y.S.2d 580 (N.Y. App. Div. 2005).
  • Amalgamated Bank v. Yost, et al., 2005 WL 226117 (E.D. Pa. Jan. 31, 2005).
  • Walsh Healthcare Solutions Inc. v. AmeriSource Corp., No. 02-41373, 91 Fed. Appx. 323 (5th Cir. Feb. 25, 2004).
  • The FINOVA Group, Inc. v. BNP Paribas, 304 B.R. 630 (D. Del. 2004).
  • Bennett, et al. v. Cardinal Health Marmac Distributors, Inc., et al., 2003 WL 21738604 (E.D.N.Y. 2003).
  • In re Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 21262710 (Bankr. E.D. Pa. May 28, 2003).
  • In re Walnut Equipment Leasing Co., Inc., 2002 WL 31994477 (Bankr. E.D. Pa., Dec 13, 2002) (NO. 97-19699DWS, 00-0864).
  • Bracco Diagnostics, Inc. v. Bergen Brunswig Drug Co., 226 F. Supp. 2d 557 (D.N.J. 2002).