Thomas Finarelli is a shareholder in the Industrial and Consumer Product Liability and Appellate practice groups in the Philadelphia office of Lavin O’Neil Ricci Cedrone & DiSipio. He concentrates his practice in complex litigation and appellate matters.
Mr. Finarelli is often consulted by other lawyers in the firm on cases that create significant, potential exposure for clients. Well before trial, he analyzes problems, determining the strongest arguments in support of the client’s position. Since courts of appeals decide only those issues that have been properly preserved, Mr. Finarelli’s work includes the ability to identify those issues, and knowing when and how to raise them. He then assembles the arguments into clear, concise and persuasive briefs.
Mr. Finarelli’s work has included arguing a case in the Pennsylvania Supreme Court resulting in the conclusion that negligent drivers and strictly liable manufacturers can be found joint tortfeasors with respect to any enhanced injuries claimed in a crashworthiness action. In another matter, his challenge was to explain why a federal court had improperly assumed subject matter jurisdiction over a matter for which its actual jurisdiction was limited to the determination of whether it had subject matter jurisdiction. The court of appeals promptly suggested that the parties settle their dispute. A reversal would have resulted only in a new trial in another forum, and the parties were referred to the court’s mediation program, where they resolved their dispute before the court issued any ruling on the jurisdictional issue.
During 30 years devoted to appellate work, Mr. Finarelli has developed a writing style that accentuates his analytical skills, combining clarity with brevity, avoiding the cumbersome phraseology for which legal documents have long been known. He has appeared on numerous occasions before each of Pennsylvania’s appellate courts, and before the United States Court of Appeals for the Third Circuit. He has written amicus briefs for the Product Liability Advisory Council on issues of crashworthiness and OSHA pre-emption as applied to lift trucks.
He has worked on matters for automotive, elevator, industrial truck and pharmaceutical manufacturers throughout his career. He also has handled matters for medical laboratories since 2000.
Mr. Finarelli is a member of the Philadelphia and Pennsylvania bar associations. He published a state-by-state compendium of product liability defenses.
Mr. Finarelli received his Bachelor of Arts from Yale University and his Juris Doctor from the University of Pennsylvania Law School. Before entering private practice, he clerked for the Honorable Israel Packel, Superior Court of Pennsylvania. He is admitted to practice in Pennsylvania and before the Supreme Court of the United States, the United States Court of Appeals for the Third Circuit and the United States District Court for the Eastern District of Pennsylvania.
