Thomas P. Wagner

Senior Counsel

Tom is a member of a firm wide, multidisciplinary group – Marshall Dennehey COVID-19 Task Force – created to address and support your real-time legal and business concerns in response to the coronavirus pandemic.

Thomas P. Wagner is a litigation and trial lawyer with more than 30 years experience. He concentrates his practice on the defense of casualty and product liability cases, as well as the transportation industry. His clients include well-known national retailers and product manufacturers, the largest operator of school buses in the world, and one of the largest transit authorities in the U.S.

Tom was twice voted by his peers as one of the Top 100 Lawyers in Pennsylvania, a state with more than 56,000 attorneys. He has been named a Pennsylvania Super Lawyer 14 years in succession and was named the 2018 Personal Injury Litigation, Defendants, "Lawyer of the Year" in Philadelphia by Best Lawyers in America. He has written numerous articles and presentations on topics related to civil litigation. He also served as a senior editor of a three-volume guide to pre-trial practice in the Federal Courts of the Third Circuit published by Lawyers' Cooperative Publishing Company. He has served on the Executive Board of the Philadelphia Association of Defense Counsel, and he has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania. 

With strong ties to his community, Tom is Vice President of the Town Council in Upper Darby Township, PA, and a board member for the Upper Darby Industrial Development Authority.  He has been a board member of the Delaware County Authority since 2001, and he served on the Board of Directors for Wheels of Wellness, a non profit organization, from 2001 to 2007.

Tom graduated cum laude from Fairfield University in 1974 with a Bachelor's Degree in Politics. He attended Law School at St. John's University where he was an editor of the Law Review. Following law school, he served a clerkship with the Honorable J. William Ditter, Jr., United States District Judge for the Eastern District of Pennsylvania. He joined the law firm of Rawle & Henderson at the end of his clerkship in 1980, and served for over a decade on Rawle & Henderson's Executive Committee.  Tom joined Marshall Dennehey Warner Coleman & Goggin in 2007 as a shareholder in the firm's casualty practice, and he now manages one of the major Casualty Groups in Philadelphia.  He is admitted to practice in Pennsylvania and New York.

Significant Representative Matters

Defense jury award in complex hotel security trial.

Lead counsel for one of the nation's largest transit authorities in numerous catastrophic cases.

Philadelphia Zoo Fire Litigation - Successful representation of target defendant in catastrophic fire loss. 

Artificial Heart Litigation - Achieved dismissal of client defendant in complex medical device product liability case. 

Bucks County Prison System Defense verdict in multi-defendant civil rights trial. 

Classes/Seminars Taught

Hot Topics In Life Sciences Litigation, Presented at the Medmarc Annual Brokers Conference, April 2016

Trial Team Coach, Drexel University Kline School of Law, 2008 

Managing Complex Litigation, National Judicial College - Special Presenter, Reno, NV, May 2006 

The Patient Advocate in Clinical Trials, Annual Medical Device Product Liability Conference, Napa, CA, June 2006 

Bad Faith and How To Avoid It, Presented to the Pennsylvania Medical Society Liability Insurance Company, Harrisburg, PA, July 1996 

Selected Topics in Federal Preemption, Presented to the Pennsylvania Bar Association, Philadelphia, April 1996 and Hershey, PA, May 1995 

Litigation Experiences of a Blood Center, Presented to the American Society of Apheresis, Cambridge, Mass., April 1993 

The Law and Alternatives to Homologous Donation, Greater Philadelphia Hospital Blood Bank Assn. & Philadelphia Medical Society; Philadelphia, May 1991 

National Institute for Trial Advocacy, Mid-Atlantic Deposition Program, Faculty Member

Published Works

"Federal Civil Procedure Before Trial - Third Circuit," Senior Editor, Lawyers Cooperative Publishing Company, (3 Volumes), 1996 

"Rule 11 and Removal of Cases," 32 For the Defense No. 3 Reprinted from Counterpoint, July 1989, March 1990 

"Diversity Jurisdiction: Don't Let It Die," 32 For the Defense, No. 8, August 1990 

"Dillinger v. Caterpillar - Can the Plaintiff Do No Wrong?," Counterpoint, July 1992 

"New Developments in Res Ipsa Loquitur," (Co-Author), Counterpoint, July 1991 

"Sex Discrimination by Private Universities as State Action," 50 St. John's Law Review 316, 1976 

Admissions
New York
1978
Pennsylvania
1978
Education
St. John's University School of Law (J.D., 1977)
Fairfield University (B.A., cum laude, 1974)
Honors & awards
The Best Lawyers in America©, Personal Injury Litigation – Defendants, 2013 - present; Philadelphia "Lawyer of the Year" Personal Injury Litigation-Defendants, 2018
Pennsylvania Super Lawyers
2004-2020; Top 100 Pennsylvania: 2006-2007; Top 100 Philadelphia: 2006-2007
Recipient of Award for Outstanding Advocacy from Medmarc Insurance Co., 2016
Associations & memberships
Defense Research Institute
Hearing Committee Member, Serving the Disciplinary Board of the Supreme Court of Pennsylvania
Philadelphia Association of Defense Counsel, Executive Board, 1997 -1999
Philadelphia Court of Common Pleas, Discovery Master
Temple American Inn of Court, President, 1999-2000
Year joined
2007
Certification

OSHA 10-Hour Construction Certification