Profile.

THOMAS MORE MARRONE.

Thomas More Marrone

trial lawyer  advisor  consultant

email / vcard

licensed pennsylvania, new york, new jersey

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I can’t stand it when big guys pick on little guys,” explains Thomas More Marrone. “I grew up in a family of immigrants. I grew up with the ‘little guys.’ They were my grandparents, my mom and dad, my aunts and uncles and cousins… so I take that kind of thing very personally.

 

 

After an 11 month stretch that included two class action jury trials resulting in a settlement and a verdict combining for well over $15 million, several substantial personal injury recoveries, successful business and employment negotiations, and hundreds of satisfied clients, Tom Marrone has created his multifaceted firm, MoreMarrone LLC.

His mission: to right wrongs. His method: creative thinking, hard work, passion and compassion, and a refusal to quit.

Licensed to practice in the State and Federal courts of Pennsylvania, New Jersey, and New York, Tom has far ranging experience and great success handling difficult, complex cases, especially class actions and collective actions, cases involving personal injury, employment, wage & hour claims, insurance matters, product liability, consumer protection, consumer fraud, deceptive practices, legal malpractice, and wrongful use of civil proceedings.

Tom also advises individuals and businesses on a variety of matters, including crisis prevention and crisis management. A seasoned Class Action trial lawyer, Tom also offers consultations with other lawyers on Class Action and Complex Litigation theory development, implementation, and trial strategy and tactics.

For nearly thirty years Tom has creatively, aggressively, and successfully represented people who are fighting for their rights, often against tough opponents. Tom has tried cases to Judges and juries in a variety of courts, and is among those very few lawyers who have tried Class Actions to juries, and with great success.

Tom has served as court-approved class counsel in cutting edge class actions involving, among others, privacy issues, insurance coverage, wage & hour, the Fair Labor Standards Act, health insurer liability, consumer fraud, catastrophic flooding, fire, consumer protection, property damage, and toxic substances.

The son of first generation Americans, his inspiration is personal: “When I was a boy, my father sold law books and he told me stories about the great lawyers he met; that’s where I really learned to appreciate the good things a smart, persistent lawyer with guts can do for people,” added Marrone, “I won’t be out-worked and I won’t ever give up.”

“My dad had a great admiration for lawyers who used their knowledge and their expertise to fight for people who couldn’t fight for themselves. He thought that was the highest calling, and I am very lucky that he passed that on to me. I got my toughness from my dad and my sense of justice from my mom.”

Tom is often asked to comment in the media regarding legal developments and the media regularly recognize his efforts and successes.  In October 2015 Tom won a jury verdict and an $11 million final judgment after a 5 week Class Action jury trial against Star Career Academy, a New Jersey for-profit school, under the New Jersey Consumer Fraud Act (“CFA”). The jury found that Star committed Consumer Fraud by engaging in unconscionable commercial practices, concealing material facts, and/or misrepresenting material facts regarding the accreditation status of Star’s Surgical Technology Program. The class includes more than 1000 students.

On October 7, 2016 MOREMARRONE scored a major victory for hourly workers in the Third Circuit Court of Appeals, which unanimously reversed a District Court’s decision that would have let DuPont off the hook for wages in a collective/class action made up of workers who had been denied their overtime pay for “donning and doffing” uniforms and safety equipment, and for performing pre-shift and post-shift work.

This major decision significantly defines enforcement under the Fair Labor Standards Act (FLSA).

In this decision in Smiley v. DuPont, the Third Circuit held that the District Court incorrectly concluded that the Fair Labor Standards Act allowed DuPont to avoid paying overtime by taking a “credit” for break time pay the employer had already paid, and using it to offset the employer’s overtime obligations under the FLSA for off-the-clock work. In its unanimous opinion the Third Circuit, agreeing with Thomas More Marrone’s argument, explained “Here, permitting DuPont to use pay given for straight time—and included in the regular rate of pay—as an offset against overtime pay is precisely the type of ‘creative bookkeeping’…the FLSA sought to eradicate.”

The decision will have national implications because of the Third Circuit’s stature and its thorough analysis of the issue.

Prior to the recent $11 million success mentioned above, Tom Marrone was honored to have two separate cases featured among The Legal Intelligencer’s “Top PA Verdicts & Settlements of 2014″:

  • A $4.85 million total settlement on the fourth day of jury trial in a Certified Class Action arising from a catastrophic apartment building fire in West Philadelphia. The court certified a class on behalf of all tenants, residents, and guests who were left immediately homeless, suffered near total loss of their personal property, and suffered economic harm. On behalf of the class, Tom Marrone sought compensatory and punitive damages for negligence and public nuisance against the owners and managers of the apartment building. As a result of the settlement the members of the class will receive full recovery for their losses and, more importantly, priceless peace of mind. The case received considerable media attention.

 

  • Negotiated an $820,000 settlement from the United States of America on behalf of a quarry worker who suffered electrical burn and other injuries because he followed the instructions a U.S. Mine Safety Inspector gave him during a surprise inspection. The case had been pending in the United States District Court for the Eastern District of Pennsylvania.

 

More:

  • Obtained Class Certification on behalf of more than 1000 Surgical Technology (“ST”) Students against a New Jersey for-profit school under the New Jersey Consumer Fraud Act (“CFA”). The case is based upon Star’s alleged unconscionable commercial practices and material non-disclosures, including Star’s non-disclosures arising from its affirmative misrepresentations. The case alleges that Star personnel, executives, and officers engaged in unconscionable commercial practices and knowingly concealed, suppressed, and failed to disclose or correct material information that Star’s ST Program applicants, students, and graduates were entitled to have before, during, and after they decided to enroll and pay to participate in the ST Program. Mr. Marrone and his co-counsel, Patricia Pierce of GPEFF, have also defeated Star’s two motions for summary judgment, and so the case will now proceed to trial. The Class seeks recovery of all the money Star obtained from or on behalf of the ST class members, as well as triple damages, litigation costs, and attorney’s fees under the CFA. Tuition and related expenses for each student exceeds $16,000.

 

  • Negotiated a $300,000 settlement against a hotel and outside organization in a premises liability case on behalf of a man in his late 70’s who was injured while attending a board meeting at the hotel. The case had been pending in the Philadelphia Court of Common Pleas.

 

  • Won conditional certification of a Fair Labor Standards Act collective action on behalf of a class of 12-hour shift employees at DuPont’s plant in Towanda, Pa. who were not compensated for coming in early for “shift relief” or for time spent donning and doffing uniforms and protective gear.

 

  • Negotiated a $1 million dollar settlement on behalf of shop maintenance workers, after obtaining conditional certification of a collective (class) action in a nationwide Fair Labor Standards Act (FLSA) case against Ryder Truck Rental, Inc. arising out of the log-in process that Ryder’s more than 8,500 shop maintenance workers must use when beginning their shifts. The United States District Court for  the Eastern District of Pennsylvania has approved the settlement.

 

  • Won Superior Court reversal of dismissal of class action against Nieman Marcus alleging unlawful imposition of sales tax on tax-exempt purchases.

 

  • Won unanimous Pennsylvania Supreme Court affirmance of class certification and summary judgment in a class action alleging medical record overbilling.

 

  • Won summary judgment and a $2 million dollar settlement in a claim for wrongful use of civil proceedings under Pennsylvania’s Dragonetti Act.

 

  • Negotiated substantial settlement against the Archdiocese of Philadelphia for catastrophic injuries suffered by a freshman football player during practice.

 

  • Won class certification and settlement of a class action against the Philadelphia Gas Works for testing thousands of homes for mercury following PGW’s removal of gas regulators.

 

  • Negotiated settlements in wage and hour actions.

 

  • Negotiated seven figure settlements in two class actions arising from well water contamination.

 

  • Tom Marrone wins Summary Judgment in favor Granted to Plaintiff Class In Overcharging Class Action

 

  • Tom Marrone wins Class Certification in Pricing Lawsuit Against Medical Records Provider

 

  • Tom Marrone $3.5 Million Settlement in Privacy Class Action Lawsuit Against Fake Doctor and independence Blue Cross

 

  • Tom Marrone obtains $900,000 settlement for family of Construction Worker Struck on Job Site

 

  • Won Legal Victory in Disability Claim

 

  • Tom marrone obtains $3.4 Million settlement for worker who fell 10 stories from apartment building rooftop

 

  • Won Coverage Dispute: Insurer Must Provide Coverage to Each Claimant

 

  • Tom Marrone teaches other lawyers on Class Actions at ALI-ABA National Seminar

 

  • Personal Injury and Class Action Lawyer Thomas More Marrone Selected to Join Elite National Trial Lawyers Group

 

  • Trial Lawyer Tom Marrone wins Conditional Class Action Certification on Behalf of Ryder Truck Maintenance Mechanics; case then settles for $1 million

Born in Philadelphia, Pennsylvania, Tom received his undergraduate and law degrees from Villanova University, and is a Fellow of the Academy of Advocacy of Temple University School of Law, an intensive trial “boot camp” under the tutelage of premier trial lawyers and eminent judges. He has instructed other lawyers on class action litigation and sophisticated insurance coverage matters, among other complex issues, and has argued a number of cases before Pennsylvania’s appellate courts. Currently, he is a member of the Philadelphia and New York Bar Associations, the Philadelphia Trial Lawyers Association, and Pennsylvania and American Associations for Justice, and the National Employment Lawyers Association.

 

Tom is a member of Million Dollar Advocates Forum and his peers have regularly selected him as one of their best. He has been and is currently listed as one of the top 5% of Class Action/Mass Tort Lawyers in Pennsylvania by Super Lawyers, as one of the Lawdragon 3000 Leading Plaintiff’s Lawyers in America, one of The Best Lawyers In America for Personal Injury, and as a member of The National Trial Lawyers – Top 100 Trial lawyers in Pennsylvania. Tom has earned an “AV” peer rating from Martindale-Hubbell. According to Martindale-Hubbell this rating indicates “the highest level of legal ability and ethics. The pinnacle of professional excellence.” Based on peer and client reviews and ratings Tom has also earned a perfect “10” AVVO rating, “Superb” AVVO designation, and AVVO “Clients’ Choice” for five separate categories: Class Action Lawyer, Personal Injury Lawyer, Lawsuits and Disputes, Consumer Protection Lawyer, and Employment and Labor Lawyer. He is regularly invited to join other invitation only organizations honoring lawyer excellence.

 

Tom was formerly with Greenblatt Pierce Engle Funt + Flores, LLC as a Partner and Chair of both the Class Action & Complex Litigation Group and Plaintiffs Personal Injury Practice. Before that he spent more than 15 years at Feldman Shepherd, where he was a Partner and head of that firm’s Class Action and Complex Litigation Group, and a Class Action and Personal Injury Partner at Caroselli Beachler.

 

His move from Feldman Shepherd was hailed by The Legal Intelligencer as one of the “Top Ten Laterals” of the year based on “the effect the departure had on the former firm, the impact the lateral addition represented for the new firm and the buzz around the market when the move took place.”

 

Practice Areas:

  • Jury Trials – Including Class Action Trials
  • Class Actions
  • Class Action & Complex Litigation Theory, Litigation, and Trial Strategy Consultations
  • Personal Injury
  • Wage & Hour
  • FLSA Collective Actions (Fair Labor Standards Act)
  • Consumer Protection
  • Property Damage
  • Fire and Flood
  • Crisis Management
  • Professional Negligence
  • Insurance Coverage and Bad Faith
  • Toxic Substances
  • Appellate advocacy
  • Complex Litigation
  • Crisis Prevention
  • Turnarounds
  • Complex Negotiations

 

Education:

  • Villanova University (B.A. 1984)
  • Villanova University School of Law (J.D.  1987)
  • Fellow, Academy of Advocacy, Temple University School of Law (1998)

 

Bar Admissions:

  • New York
  • New Jersey
  • Pennsylvania
  • U.S. District Court for the Eastern, Middle, and Western Districts of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Third Circuit
  • Supreme Court of the United States

 

Speaking Engagements:

Hot Topics in Toxic Torts (featuring class actions)

18th Annual Environmental Law Forum (2013)

Medical Monitoring & Toxic Tort Class Actions

ALI-ABA National Seminar (2011)

Ethics

Creative Trial Strategies Program (2011)

 

Professional Memberships:

  • Pennsylvania Bar Association
  • New York State Bar Association
  • Philadelphia Bar Association
  • The National Trial Lawyers
  • National Employment Lawyers Association
  • Million Dollar Advocates Forum
  • American Association for Justice
  • Pennsylvania Association For Justice
  • Philadelphia Trial Lawyers Association
  • National Consumer Law Center

 

Honors:

  • Member, Million Dollar Advocates Forum
  • Best Lawyers in America for Personal Injury
  • Pennsylvania Super Lawyer for Class Actions and Mass Torts
  • Lawdragon 3000 Leading Plaintiff Lawyers in America
  • Top 100 Trial Lawyers in Pennsylvania, The National Trial Lawyers
  • Perfect AV rating from Martindale Hubbell
  • Perfect 10.0 AVVO rating

MOREMARRONE Scores Major Victory for Hourly Workers in DuPont Reversal

After $8.9M Fraud Verdict Against Star Academy, Students Seek $6 Million Grant Disgorgement

Windermere fire victims reach multi-million-dollar settlement

West Philly apartment fire lawsuit settled for $4.75M

 

Verdicts & Settlements

  • Justices Uphold Award Over Medical Records Overcharge (The Legal Intelligencer)
  • Preliminary Approval Granted in Shumski v. Theta Land Services et al
  • Preliminary Approval Granted in Bethune v. Maxim Healthcare Services
  • Dragonetti Act Case Settles for $2 Million (The Legal Intelligencer)
  • $2 Million Settlement Reached in Dragonetti Case
  • Mecury-Exposure Class Action Certified Against PGW (The Legal Intelligencer)
  • Class Action Certified Against PGW (The Legal Intelligencer)
  • Summary Judgment Granted to Plaintiffs In Overcharging Class Action
  • Homeowners Sue PGW to Have Tests
  • Class of Attorneys Certified in Pricing Lawsuit Against Medical Records Provider
  • $3.5 Million Settlement in Class Action Lawsuit Against Fake Doctor
  • Class Action Lawsuit Claims Bills for Copying Medical Records Were Padded
  • Class Action Certified for Pennsylvania Car Owners
  • $900,000 Recovery for Family of Worker Struck on Job Site
  • Tenant Certified as Class in Electricity Suit
  • Thomas More Marrone Win in Superior Court While Representing Client in Legal Malpractice Case
  • Thomas More Marrone Wins Legal Victory in Disability Claim
  • Book Buyers Were Duped into Purchase
  • $3.4 Million Recovery for Roof Worker Injured in Fall
  • Thomas More Marrone Wins Coverage Dispute: Insurer Must Provide Coverage to Each Claimant
  • Former Windermere residents file class action against building owners
  • Fire-deposed tenants get OK for class-action suit vs. owners
  • Thomas More Marrone’s Move to Caroselli Beachler McTiernan & Conboy listed as one of the Top Lateral Moves in Pennsylvania 2012
  • Thomas More Marrone Joins Caroselli Beachler
  • Thomas More Marrone Secures Conditional Class Action Certification on Behalf of Ryder Truck Rental Maintenance Employees June 10, 2011
  • Philadelphia Trial Lawyer Prevails in Pennsylvania Superior Court Class Action Matter Regarding Neiman Marcus June 5, 2011
  • Thomas More Marrone Presents Creative Trial Strategies Program with The Legal Intelligencer May 12, 2011
  • WHYY Radio Interviews Thomas More Marrone about Phila. Law Firm Investigated over Foreclosures December 8, 2010
  • State Supreme Court Takes Case on Prorating Deductibles (The Legal Intelligencer) November 30, 2010
  • Justices Eye Class Action in Homeowner Insurance Case (The Legal Intelligencer) July 6, 2010
  • 3rd Circuit: IRS and H&R Block Cannot Be Sued Over E-Filing Fees (The Legal Intelligencer) March 5, 2010
  • Justices Uphold Award Over Medical Records Overcharge (The Legal Intelligencer) November 18, 2009
  • Preliminary Approval Granted in Shumski v. Theta Land Services et al. September 22, 2009
  • Preliminary Approval granted in Bethune v. Maxim Healthcare Services July 27, 2009
  • Preliminary Approval Granted for Ivy Industrial Park Class Action Settlement January 23, 2009
  • Summary Notice of Proposed Class Action Settlement: Brophy v. Philadelphia Gas Works January 16, 2009
  • Dragonetti Act Case Settles for $2 Million (The Legal Intelligencer) October 9, 2008
  • $2 Million Settlement Reached in Dragonetti Case September 26, 2008
  • “Mercury-Exposure” Class Action Certified Against PGW (The Legal Intelligencer) July 28, 2008
  • Class Action Certified Against PGW (The Legal Intelligencer) July 24, 2008
  • Suit Goes After Tax E-Filing Fees (BusinessWeek.com) November 16, 2007
  • Lawsuit Accuses Tax Preparers of Overcharging (Daily Business Review, Miami) November 16, 2007
  • Suit Goes After Tax E-Filing Fees (AOLMoneyandFinance.com) November 15, 2007
  • Phila. Woman Seeks Lawsuit Over Online Tax Filing (CBS3.com) November 15, 2007
  • Suit Goes After Tax E-Filing Fees (CNBC.com) November 15, 2007
  • $1B Class Action Claims E-Filing Group Overcharged (ABA Journal) November 15, 2007
  • Thomas More Marrone Files National Class Action Against Income Tax Software Industry Cartel for Billions (PR Newswire) November 15, 2007
  • NBC 10 Tracy Davidson Consumer Report – E-Filing Fees (WCAU-TV NBC 10 All That & More Show) November 15, 2007
  • Suit Goes After Tax E-Filing Fees (NetscapeMoney&Business.com) November 15, 2007
  • Suit: Tax Companies Overcharge for E-filing (Phillyburbs.com) November 15, 2007
  • Suit: Tax Companies Overcharge for E-filing (Philly.com) November 15, 2007
  • Law Firm Sues Over Tax Software (The Intelligencer) November 15, 2007
  • Suit Goes After Tax E-Filing Fees (MSNMoney.com) November 15, 2007
  • Thomas More Marrone Files National Class Action Against Income Tax Software Industry Cartel for Billions (Los Angeles Times) November 14, 2007
  • Tax Software Companies Face Proposed Class Action Over E-Filing (The Legal Intelligencer) November 14, 2007
  • Thomas More Marrone Files National Class Action Against Income Tax Software Industry Cartel for Billions (Seattle Post) November 14, 2007
  • Tax Preparers Face Proposed Class Action Over E-Filing (Law.com) November 14, 2007
  • Thomas More Marrone Files National Class Action Suit Against Income Tax Software Industry Cartel for Billions November 14, 2007
  • Thomas More Marrone Files National Class Action Against Income Tax Software Industry Cartel for Billions (Yahoo!Finance.com) November 14, 2007
  • Tax Preparers Face Proposed Class Action Over E-Filing (The Legal Intelligencer) November 14, 2007
  • Thomas More Marrone Wins in Superior Court While Representing Clients in Legal Malpractice Case December, 2000
  • Thomas More Marrone Wins Legal Victory in Disability Claim September, 2000
  • Thomas More Marrone Wins Coverage Dispute: Insurer Must Provide Coverage to Each Claimant June 9, 1998
  • Perfect 10.0 AVVO rating

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  • Pennsylvania Super Lawyer for Class Actions and Mass Torts

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  • Top 100 Trial Lawyers in Pennsylvania, The National Trial Lawyers

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  • Perfect AV rating from Martindale Hubbell

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  • Member, Million Dollar Advocates Forum

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