Thomas J. Smith

Lead trial counsel for a plaintiff hedge fund manager in a September 2016 jury trial in New Jersey state court. False statements about the plaintiff had been published in a series of industry background check reports by the defendant background reporting service. Obtained a jury verdict for defamation in the amount of $40.4 million. The verdict was the 45th-highest verdict in the United States of America in 2016 as reported in the National Law Journal’s Top 100 Verdicts that year. The verdict was upheld by the New Jersey Supreme Court in November 2019, and the judgment has been paid by the defendant.

Lead trial counsel in comprehensive environmental insurance action against two dozen insurers to recover costs for defense and clean-up of major environmental site at Passaic River, New Jersey. Case settled before trial.

Lead trial counsel in suit against insurers to recover costs for defense and indemnity related to toxic tort claims. Bad faith claim also asserted against certain insureds. Case set for jury trial in 2020.

Co-lead trial counsel in 5-week federal jury trial for plaintiff industrial client in which bad faith verdict was obtained against an insurer in an environmental insurance coverage case. Damages awarded included punitive damages. Verdict upheld on appeal.

Lead trial counsel in 6-week federal jury trial for defendant steel company in Clean Water Act enforcement action brought by the U.S. DOJ. Defendant found not liable on 99.9% of 5,000 claims. Represented client in Third Circuit appeal of civil penalty, and obtained reversal and remand for new penalty trial, after which the matter settled.