Thomas P. Manning
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Thomas P. Manning

Counsel

Philadelphia, PA
 
 
 
  • Obtained a judgment denying all relief in a books and records inspection action filed in the Delaware Court of Chancery.
  • Preserved, on appeal, a judgment in favor of our client, a national franchisor, in a breach of contract action following the termination of a lease.
  • Walsh Healthcare Solutions Inc. v. AmeriSource Corp., No. 02-41373, 91 Fed. Appx. 323 (5th Cir. Feb. 25, 2004).
  • 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).
  • Defended a pharmaceutical wholesaler against a breach of contract/fraud lawsuit in federal court in New Jersey.
  • In re Hydrogen Peroxide Antitrust Litigation, 552 F.3d 305 (3d Cir. 2008).
  • Successfully petitioned 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.
  • Convincedthe Pennsylvania Supreme Court to 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.
  • Obtained dismissal of a securities fraud class action complaint against our client, a logistics services company, filed in federal court following a restatement of earnings.
  • DePaul v. Commonwealth of Pennsylvania, 969 A.2d 536 (Pa. 2009).
  • The FINOVA Group, Inc. v. BNP Paribas, 304 B.R. 630 (D. Del. 2004).
  • In re Stonepath Group Sec. Litigation, 397 F.Supp.-2d 575, 2005 WL 2810791 (E.D. Pa. 2005).
  • In re Stonepath Group Sec. Litigation, No. 04-CV-4515, 2006 WL 980767 (E.D. Pa. Apr. 3, 2006).
  • Obtained the dismissal of an antitrust ""group boycott"" lawsuit brought against a pharmaceutical distributor in federal court in New York.
  • Obtained dismissal of a derivative lawsuit filed against the directors and officers of a pharmaceutical wholesaler.
  • Obtained 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.
  • Established, 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.
  • Neer v. Pelino, et al., 389 F. Supp. z2d 648 (E.D. Pa. Sept. 27, 2005).
  • 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).
  • In re Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 21262710 (Bankr. E.D. Pa. May 28, 2003).
  • In re Plastics Additives Antitrust Litigation, No. 07-2159 (3d Cir. Jan. 27, 2009).
  • Obtained 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.
  • Obtained 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.
  • 27th & Girard Ltd. Partnership v. McDonald’s Corp., No. 04-3839, 160 Fed. Appx. 136 (3d Cir. Dec. 13, 2005).
  • Amalgamated Bank v. R. David Yost, et al., No. Civ. A. 04-0972, 2005 WL 226117 (E.D. Pa. Jan. 31, 2005).
  • Bennett, et al. v. Cardinal Health Marmac Distributors, Inc., et al., 2003 WL 21738604 (E.D. N.Y. 2003).