Thomas E. Fox
Mass Torts, Insurance and Consumer Litigation
Thomas E. Fox has represented companies in a variety of products liability, toxic tort and environmental matters, and insurance coverage arbitrations, involving pharmaceutical products, asbestos, MTBE, chlorine, benzene, and construction and transportation accidents. He has helped formulate and implement nationwide trial strategies and has coordinated the defense of class actions and other complex litigations. He also has successfully represented a major pharmaceutical manufacturer in insurance recovery efforts in multiple arbitrations pursuant to Bermuda Form excess insurance policies in both London and New York. As part of a national trial team at Skadden, Mr. Fox successfully defended allegations of civil conspiracy in asbestos litigation in courts across the country, including several trials. As part of a national coordinating effort, Mr. Fox developed and implemented integrated defense and settlement strategies and successfully negotiated multiple settlements involving tens of thousands of claims below budget. Mr. Fox also participated in the trial defense of RICO and consumer protection claims involving a pharmaceutical product in the MDL court in Boston. In addition, Mr. Fox has participated in several arbitration hearings utilizing the Bermuda Form in both London and New York.
Throughout his career, Mr. Fox has identified, developed and prepared expert witnesses for use in a variety of cases, including cases involving fetal alcohol syndrome, asbestos, benzene, ethylene oxide, railroad and crane accidents, various pharmaceutical products, and insurance coverage arbitrations. Prior to Skadden, Mr. Fox was an in-house counsel at a major multinational oil company.
Mr. Fox also has been involved in the negotiation and implementation of numerous class action settlements. Further, Mr. Fox assisted the court-appointed mediator in the settlement of wrongful death and personal injury claims arising from the terrorist attack of September 11, 2001, brought by plaintiffs who opted out of the federally created Victims Compensation Fund. These efforts are reflected at In Re September 11 Litigation, 600 F. Supp.2d 549 (S.D.N.Y. 2009). Other decisions obtained on behalf of clients include Sanders v. Norfolk Southern Railway Co., 2010 WL 297813 (D.S.C.), aff’d 2010 WL 4386881 (4th Cir.).
J.D., St. John’s University School of Law, 1983 (Top 5 percent; Moot Court)
B.A., St. John’s University, 1980 (With Honors; Speech and Debate Team)
Member, Association of the Bar of the City of New York, Product Liability Committee (1997-1999)
Member, New York State Bar Association, Class Action Committee (1997-2007)