Charlotte E. Thomas practices in the area of complex business litigation. Ms. Thomas views commercial litigation as an offshoot of business and crafts litigation strategies that are tailored to the specific needs of the client. Her practice promotes client involvement and control over litigation strategy and goals. Ms. Thomas has an active mediation practice that complements her emphasis on cost-effective solutions to business disputes.
Ms. Thomas has served as lead trial counsel in numerous jury and nonjury trials and in arbitrations in venues through the country.
Ms. Thomas has authored a number of articles about the practice of law, as well as several scholarly law review articles. She has written for the Legal Intelligencer.
Ms. Thomas is a 1984 honors graduate of Vermont Law School, where she was business editor of the Vermont Law Review and a member of the Moot Court Advisory Board, and a graduate of the University of Pennsylvania (M.C.P.) and Union College (B.A., cum laude).
- Represented financial institution in claims of antitrust and trademark infringement relating to credit affiliation.
- Represented financial institution in numerous lender liability defenses.
- Represented manufacturer in antitrust dispute and trademark dispute in alleged group boycott.
- Obtained defense award for a financial advisor in consumer arbitration.
- Represented institution in litigation over publication rights.
- Represented employers in class actions brought under the Fair Credit Reporting Act.
- Represented financial institution in class action brought over the alleged failure to mark mortgages satisfied.
- Represented insurer in class action arising out of denial of coverage.
- Represented company in class action arising out of the sale of interests in structured settlements.
- Represented lender in class action filed to recover for financed home improvements that were negligently constructed.
- Represented financial institution in class action related to saving disclosures.
- Represented financial institution relating to balloon disclosures in subprime market.
- Represented manufacturer in antitrust and intellectual property class actions.
- Represented an educational institution in publication-related and termination claims by an academic.
- Represented a cosmetic company in age discrimination claims by former employee.
- Represented company in litigation brought by former employee regarding the terms and conditions of employment.
- Represented corporation in connection with employee termination agreements.
- Consedine v. HRN Services Inc., 2014 WL 788030 (C.D. Cal. 2014). Obtained summary judgment on defenses of release and negligent claims handling in large deductible reimbursement case.
- Koken v. OneBeacon Ins. Co., 392 MD 2005 (Pa. Commw. Ct.). Represented liquidator of an insolvent insurer in a preference action based on security posted in pre-rehabilitation.
- In re Pemaquid Underwriting Brokerage, Inc., 319 B.R. 824 (Bankr. D.N.J. 2005). Represented the liquidator of an insurance company in the alternative insurance market in a dispute in bankruptcy regarding rights to imprest funds.
- Represented an insolvent insurer's estate in various coverage claims and in intervenor matters such as direct access to reinsurance.
- Represented an insolvent insurer's estate in claims of fraud arising out of a limousine insurance program.
- Represented an insolvent insurer's estate in numerous claims for premium due from Management General Agents.
- Successfully represented an insurer in a certified question to the New York Court of Appeals, in which the Court ruled that there is no implied private right of action under section 230 of the New York Public Health Law for bad-faith and malicious reporting to New York’s Office of Professional Medical Conduct.
- Represented an insurance agency over the sufficiency of coverage based on a limiting endorsement covering an urban market.
- Represented a company concerning the alleged sale of life viatical settlements.
- Represented an insurer in coverage claims relating to construction contracts.
- FDIC v. Kolea, 92 F.3d 1170 (3d Cir. 1996). Obtained judgment after trial for receiver of federally chartered thrift in a troubled development.
- Represented the Receiver in professional liability actions against directors and officers, accountants, attorneys, appraisers and for borrower fraud.
- Represented the Receiver in asset recovery actions.
- Defended the Receiver in tort claims.
Insurance Liquidation Matters
Areas of Practice
- Commercial Litigation
- Class Action Litigation
- Consumer Litigation
- Insurance and Financial Institutions Insolvencies
- Alternative Dispute Resolution
- Securities and Broker-Dealer Litigation
- New Jersey
- Vermont Law School, J.D., cum laude, 1984
- Business Editor, Vermont Law Review
- Moot Court Advisory Board
- Vermont Legal Research Group
- University of Pennsylvania, M.C.P., 1984
- Union College, B.A., cum laude, 1979
- Duane Morris LLP
- Partner, 2009-present
- WolfBlock LLP, 1995-2009
- Partner, 1997-2009
- Mannino Griffith PC, 1994-1995
- Resolution Trust Corporation, 1992-1994
- Klehr Harrison Harvey Branzburg & Ellers, 1988-1992
- Gratz Tate Spiegel Ervin & Ruthrauff, 1984-1988
- American Bar Association
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Member, Federal Courts Committee
- New Jersey Bar Association
- Lecturer at Law, Tax Moot Court, Rutgers Law School
Honors and Awards
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Civic and Charitable Activities
- Ardmore Free Library
- Board of Trustees, 2012-present
- Friends Child Care Center
- Former Officer, Board of Directors
- Contributor, Duane Morris Insurance Law Blog
- "Pa. Claim Limits Ruling Will Clarify Consumer Protections", Law360, March 16, 2020
Co-author, "Curbing Food and Cosmetic Class Actions Through Arbitration, Dispute Resolution and Class-Action Waivers," Thomson Reuters, September 17, 2019
"Proving the Retail Transaction: Ascertainability in Food and Cosmetic Mislabeling Class Actions," Mealey's Litigation Report, July 19, 2019
"PA Ruling May Spur More Class Suits Against In-State Cos," Law360, February 22, 2018
- "2016 Insurance-Related Class Actions Filed In or Removed to Federal Court," Mealey's Litigation Report, October 11, 2017
- "The Supreme Court Shores Up Nature of Intent Required for Statutory Bad Faith Claims Against Insurers," Duane Morris Insurance Blog, October 3, 2017
- "Applying Contractual Principles In Pa. Unfair-Trade Claims," Law 360, August 22, 2017
- "Pennsylvania Embraces Alternative Auto Insurance," Law360, February 1, 2016
- "The Assignment of Pennsylvania Statutory Bad Faith Claims: The Supreme Court Rules in Allstate Prop. & Cas. Ins. Co. v. Wolfe," Duane Morris Insurance Blog, January 21, 2015
"Trending In 3rd Circ.: Motions To Strike Class Allegations," Law 360, December 22, 2014
- "A Possible End To Pa. Court Split Over Economic Loss," Law360, October 6, 2014
- "Community Colleges Not Subject to UTPCPL," The Legal Intelligencer, July 15, 2014
- "Combating Damages Models in Food, Cosmetic Class Actions," Law360, June 18, 2014
- "Pa. Needs Regulatory Compliance Defense To UTPCPL Actions," Law360, May 14, 2014
- "Pom Wonderful and Consumer Class Actions Under State Law," Corporate Counsel, April 17, 2014
- "Pennsylvania Supreme Court to Weigh in on Consent to Settlement Clauses in Babcock & Wilcox v. American Nuclear Insurer," Duane Morris Insurance Blog, April 8, 2014
- "Grimes: Another Look at Reliance and Loss Under Pa.'s UTPCPL," The Legal Intelligencer, March 12, 2014
- "Whose Defense is it, Anyway - Consent to Settlement Clauses Under Babcock & Wilcox v. American Nuclear Insurers," Duane Morris Insurance Blog, August 29, 2013
- "Isolation as a Strategy in Mediation," The Legal Intelligencer Blog, June 27, 2013
- "New Commonwealth Court Rules for Insurance Rehabilitations and Liquidations," The Legal Intelligencer Blog, January 8, 2013
- "Is There An Ethical Duty to Convey Offers to Mediate?," The Legal Intelligencer Blog, April 20, 2012
- "So You're Telling Me There's a Chance: Assessing the Likelihood of Compelling Arbitration in Federal Court," The Legal Intelligencer Blog, February 10, 2012
- "Mandatory Mediation Clauses: Can You Make the Horse Drink?" The Legal Intelligencer Blog, December 12, 2011
- "The Quick Fix: Can Settlement be Reached at a Three-Hour Mediation," Legal Intelligencer Blog, October 28, 2011
- Co-author, "Turning Full Circle: Seeking Reimbursement of Insurer Advances for Large Deductibles," Bloomberg Law Reports - Commercial Insurance, October 3, 2011
- "The Zen of Mediation: A Conversation with Mediator Jeff Kichaven," Legal Intelligencer, August 16, 2011
- "Exploring Early Settlements: A Sign of Weakness or Ethical Duty," Legal Intelligencer Blog, July 6, 2011
- "Mediation: Early and Often for Cost-Effective Litigation," Legal Intelligencer Blog, June 10, 2011; reprinted in City Bar Center for Continuing Legal Education, New York City Bar, "A Pragmatic Approach to Mediations by Litigators for Litigators," October 13, 2011
- "U.S. Supreme Court Establishes "Transaction Test" to Determine Extraterritorial Reach of Section 10(b) of Exchange Act and SEC Rule 10b-5," Duane Morris Alert, June 30, 2010
- "So Easy, Even a Philadelphia Lawyer Can E-File," Legal Intelligencer Blog, April 8, 2010
- "Top Ten Mistakes Litigators Make in Arbitration," 14 ABA Young Lawyer 5 (February-March 2010)
- "Reaching for Greater Efficiency in Criminal Justice Administration," Legal Intelligencer Blog, December 10, 2009
- "The New Economic Realities of Family Court," Legal Intelligencer Blog, September 23, 2009
- "In Search of the Righteous Lawyer," Legal Intelligencer Blog, April 7, 2009
- "The Pro Bono Solution," Legal Intelligencer Blog, March 20, 2009
- "Changes for Judges Pro Tem at Commerce Court," Legal Intelligencer Blog, February 24, 2009
- "Fast Times at Mass Torts," Legal Intelligencer Blog, February 6, 2009
- "An Alternative to Litigation Budgets: A Proposal for Litigator and Clients," IOMA Law Office Management and Administration Report (January 2009)
- "A Time to Retire the Litigation Budget? A proposal that's better for clients and counsel," IOMA Partner's Report (December 2008)
- "The Litigation Plan: An Alternative to Traditional Litigation Budgets," The Metropolitan Corporate Counsel 50 (October 2008)
- "Protect Yourself," Investment Advisor, May 2004
- "The Quicksand of Private Actions Under the Pennsylvania Unfair Trade Practices Act: Strict Liability, Treble Damages and Six Years to Sue," 102 Dickinson L. Rev. 1 (1997)
- "Defending a Free Standing Equal Credit Opportunity Act Claim," 114 Banking Law Journal, 108 (1997)
- "New Steps to Preserve the Old: The Revised Historic Preservation Legislation for the City of Philadelphia," 32 Vill. L. Rev. 401 (1987)
- "The Cape Cod National Seashore: A Case Study of Federal Administrative Control Over Traditionally Local Land Use Decisions," 12 B.C. Environmental Affairs Law Review 221 (1985)
- "Note, People Who Live in Glass Houses Should Not Build in Vermont," 9 Vermont Law Review 101 (1984), reprinted in Federal Publications, Inc. 3 Yearbook of Construction Articles 659, 1985
Selected Speaking Engagements
- Pa. Claim Limits Ruling Will Clarify Consumer Protections", Law360, March 16, 2020
- "Arbitration and Class Action Waiver Clauses in Consumer Contracts," Philadelphia, PA, September 20, 2019
- "Advanced Issues in Pennsylvania's Unfair Trade Practices and Consumer Protection Law," Philadelphia, March 6, 2015
- "Ascertainability and Damages Issues in Food and Cosmetic Mislabeling Class Actions," Webinar, September 17, 2014
- "Mediation 101: The Nuts and Bolts of Mediation," Philadelphia, April 4, 2012
- "Preparing the Expert Record for a Daubert Motion," Cherry Hill, New Jersey and Philadelphia, February 11 and 21, 2008
- "Consumer Arbitrations," National Association of Independent Broker Dealers, Philadelphia, June 7, 2004