Mr. Wagner is a trial lawyer. He concentrates his practice in civil litigation. As a veteran of more than 75 civil jury trials and hundreds of bench trials, arbitrations, and mediations, Mr. Wagner and the Firm have been assigned an "AV" rating - the highest rating assigned for skill and ethics - by Mr. Wagner's peers through the Martindale Hubbell peer review. Tom has been designated by his colleagues and peers as a Super Lawyer for 2014, 2015, 2016, 2017, 2018 & 2019.
A former National, City of Philadelphia, and Philadelphia Catholic League championship oarsman, he knows how to win. Trial experience and the will to win are unmatched resources in guiding clients successfully through disputes, "Bet the Company" litigation, trials and appeals. Those same resources provide the bases for Mr. Wagner's pre-suit risk and safety management recommendations.
Mr. Wagner founded the Law Offices of Thomas J. Wagner, LLC in 1998 to defend self-insureds in catastrophic loss litigation. Mr. Wagner has developed unique expertise in defending and trying cases on behalf of Firm Clients that involve admiralty/maritime, products liability, transportation, wrongful death, commercial and contract disputes and claims, multi-party construction, cargo/freight, professional liability of attorneys, architects and accountants, directors and officers claims, premises liability law - including environmental/toxic exposure damage claims and Fire cases - as well as the defense of civil rights, employment, and workers compensation claims in Pennsylvania and New Jersey.
Mr. Wagner defends employers’ rights in employment practices, ADA, and LAD litigation in the civil and administrative courts of New Jersey and Pennsylvania and counsels public and private sector employers on employee risk management and situational planning. Mr. Wagner's clients rely upon the Firm to investigate and respond to false or fraudulent claims in casualty, employment, civil rights, and workers' compensation claims.
In addition to litigation, Mr. Wagner provides complete legal services to individuals with personal/family concerns as well as commercial entities, from formation to day-to-day operational legal advice in Pennsylvania and New Jersey.
Mr. Wagner is designated by his colleagues as a pre-eminent lawyer in his practice areas and listed in the Bar Register of Pre-Eminent Lawyers.
Mr. Wagner has appeared, by invitation, in the State or Federal Courts of Kentucky, Washington, Washington D.C., Delaware, Illinois, Florida, Maryland, and New York. In addition, Mr. Wagner analyzes insurance coverage and commercial lease (real and transportation assets) obligations for select clients.
Locally, Mr. Wagner serves as a Judge Pro Tem in the Major Jury Program for the Pennsylvania Court of Common Pleas in Philadelphia County.
Mr. Wagner is admitted to all State and Federal Courts in Pennsylvania and New Jersey, including the United States Court of Appeals for the Third Circuit.
Mr. Wagner is a member of the National Retail and Restaurant Defense Association ("NRRDA") and the DRI Trucking and Fire Casualty Specialty Litigation Group ("SLG").
Mr. Wagner is a Proctor in Admiralty by the United States Maritime Law Association and a member of the Philadelphia, Pennsylvania and American Bar Associations. Mr. Wagner has been a member of the American Trucking Association, its Litigation Center, the Transportation Lawyers Association, the Risk and Insurance Management Society, and the Trucking Industry Defense Association ("TIDA").
In addition to regular trial success, Mr. Wagner counsels clients on risk and litigation management and regularly presents updates to Firm clients and friends in the transportation, product liability, fire casualty, and risk fields.
Mr. Wagner resides in Swedesboro, NJ with his wife Staci, their children Dillon, Eavan, Aaron, and Dude, the rescue Pit Bull Terrier. He can be reached at tjwagner@wagnerlaw.net
Representative Reported Court Decisions:
Capital Mfg. v. Rayco Industries.
2005 U.S. Dist. LEXIS 8407 (Confirming arbitration award won on behalf of Firm client in AAA Arbitration on construction claim as judgment and establishing Federal Jurisdiction over the award.)
Day v. Mendenhall Inn
1998 U.S. Dist. LEXIS 14080, September 9, 1998, Decided, September 9, 1998 (Awarding defendant post-trial costs after a defense verdict in Hospitality/premises liability claim)
Covell v. Smith
1996 U.S. Dist. LEXIS 19454, December 30, 1996, Decided, December 30, 1994 (Granting summary judgment in §1983 arising from an involuntary commitment under Pa. Section 302. Established that committing nurse had governmental immunity.)
Souders v. Atlantic Richfield Co.
746 F. Supp. 570; 1990 U.S. Dist. LEXIS 11954; 1991 AMC 554, September 10, 1990 (Bench trial verdict in favor of shipowners and asbestos product manufacturers because Plaintiff’s claim was barred by the Maritime Statute of Limitations)
Caleb v. CRST
Inc. 43 Fed. Appx. 513; 2002 U.S. App. LEXIS 17893 (Loss of evidence - ICC/underride bar - cannot be the basis for an independent tort claim. Defendant’s Motion to dismiss granted and affirmed on appeal.)
Lincoln Gen. Ins. Co. v. Guinn
2005 U.S. Dist. LEXIS 9850, May 24, 2005, Decided, May 24, 2005, Filed; May 25, 2005 (Summary Judgment on Declaratory Judgment action. No coverage for injury caused while escaping from police)
Millinghausen v. Drake
2014 Pa. Super. Unpub. LEXIS 1222. Defended former clients of a lawyer who sued those former clients because they had given their candid feedback about their experiences with that lawyer. Enforced arbitration clause in Attorney Retention Contract.
Chughtai v. Obama
153 F. Supp. 3d 765. Defeated on 12(b)(6) Motion former military officer's employment, tort and conspiracy claims against military colleagues.
