Theodore M. Lieverman
- Theodore M. Lieverman
- Philadelphia, Pennsylvania
- Partner
- phone (215) 496-0300
- fax (215) 496-6611
- email Email Me
Theodore M. Lieverman focuses his practice on class actions involving unions and union benefit funds. During his 30 years of legal practice, he has concentrated on complex civil litigation and appeals, including claims under the Labor Management Relations Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), federal civil rights statutes, constitutional law, the Employee Retirement Income Security Act (ERISA), the Labor-Management Reporting and Disclosure Act (LMRDA), and antitrust statutes.
Mr. Lieverman served as co-counsel for a nationwide class of retirees who sued Campbell Soup for lost medical benefits, Local 56 UFCW v. Campbell Soup Co., 954 F. Supp. 1000, 1003 (D. N.J. 1997). He litigated one of the leading cases issued by the National Labor Relations Board on the use of labor-management cooperation programs in unionized workplaces, E.I. duPont deNemours & Co., 311 NLRB No. 88 (1993).
Mr. Lieverman currently represents employee pension and benefit funds in a number of class actions, including In re TriCor Antitrust Litigation, C.A. No, 05-360 (D. Del.); In re Vioxx, Case Code 619 (N.J. Super. L.) (co-lead counsel for nationwide class of individual consumers); In re Modafinil Antitrust Litigation, C.A. No. 06-1797 (E.D. Pa.); and In re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1453 (D. Mass.). He was co-lead counsel in In re Relafen Antitrust Litigation, C.A. No. 01-12239 (D. Mass.), which settled for $75 million for indirect purchasers; and lead counsel in Penn Federation BMWE v. Norfolk Southern Corp., C.A. No. 02-9049 (E.D. Pa.), which alleged ERISA violations and settled for full relief to the class, including important changes in the company’s 401(k) plan. In 2001, he filed an amicus brief on behalf of a number of distinguished historians in the important copyright case of New York Times Co. v. Tasini, 533 U.S. 483 (2001).
Other notable cases in which Mr. Lieverman served as lead counsel include Manufacturers Association of Tri-County v. Knepper, 623 F. Supp. 1066 (M.D. Pa. 1985), rev. in part, 801 F.2d 130 (3d Cir. 1986), cert. denied, 484 U.S. 815 (1987); Local 397 IUE v. Midwest Fasteners, Inc., 763 F. Supp. 78 (D. N.J. 1990), 779 F. Supp. 788 (D. N.J. 1992); Doe v. Borough of Barrington, 729 F. Supp. 376 (D. N.J. 1990); Knoll v. Springfield Township School District, 699 F.2d 137 (3d Cir. 1983), vacated and remanded, 471 U.S. 288 (1985), on remand, 763 F.2d 584 (3d Cir. 1985); and Araujo v. Welch, 742 F.2d 802 (3d Cir. 1984).
During 1995-1997, Mr. Lieverman served as general counsel to the Court-appointed Election Officer who conducted the 1996 officer elections for the 1.4 million members of the International Brotherhood of Teamsters. He also served as general counsel for the Philadelphia Area Project on Occupational Safety and Health from 1983 to 1992.
He is admitted to practice in Pennsylvania, New Jersey and Massachusetts, as well as the United States District Courts for the Eastern and Middle Districts of Pennsylvania, the District of New Jersey, the Eastern District of Michigan, and the Southern District of New York; the United States Courts of Appeals for the Second, Third, Eleventh, D.C. and Federal Circuits; and the United States Supreme Court.
Mr. Lieverman is "AV" rated by Martindale-Hubbell and is listed in Who's Who in American Law (9th ed.), The Best Lawyers in America, and Law & Politics’ list of Pennsylvania “Superlawyers.” He has lectured on various legal issues to lawyers and union officials and has been an adjunct professor of law at Rutgers Law School-Camden. He has published a number of articles on the law as well as public policy issues. He earned a B.A. with general and departmental honors in History from Vassar College and a J.D. degree from Northeastern University Law School. Mr. Lieverman is a member of the AFL-CIO Lawyers Coordinating Committee, the Philadelphia Bar Association, the Philadelphia Chapter of the Labor Education and Research Association, the American Antitrust Institute, and the American Constitution Society.
- Areas of Practice:
- Class Actions
- Complex Civil Litigation
- Appeals
- Labor Management Relations Act
- Racketeer Influenced and Corrupt Organizations Act (RICO)
- Federal Civil Rights Statutes
- Constitutional Law
- Employee Retirement Income Security Act (ERISA)
- Labor-Management Reporting and Disclosure Act (LMRDA)
- Antitrust
- Litigation Percentage:
- 70% of Practice Devoted to Litigation
- Bar Admissions:
- Pennsylvania, 1979
- New Jersey, 1988
- Massachusetts, 1978
- U.S. Supreme Court, 1986
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit, 1980
- U.S. Court of Appeals 11th Circuit, 1982
- U.S. Court of Appeals District of Columbia Circuit, 1984
- U.S. Court of Appeals Federal Circuit, 1984
- U.S. District Court Eastern District of Pennsylvania
- U.S. District Court Middle District of Pennsylvania
- U.S. District Court District of New Jersey
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of Michigan
- Education:
- Northeastern University School of Law, Boston, Massachusetts, 1978
J.D. - Vassar College, Poughkeepsie, New York, 1971
B.A.
Honors: General and Departmental Honors
Major: History
- Published Works:
- "The RICO-ization of Federal Labor Law: An Argument for Broad Preemption" (Co-Author), 8 The Labor Lawyer 335, 1992
- "Are You Ready for This? Some Clients to Avoid", Trial, Vol. 25, No. 9, September, 1989
- "'Caution: We've Discovered a Slight Problem...' The Continuing Duty To Warn in Products Liability Cases" (Co-Author), New Jersey Trial Lawyer 85, April, 1990
- "Law and Power: Some Reflections on Nicaragua, the United States, and the World Court ", 10 Maryland Journal of International Law and Trade 295, 1986
- Representative Cases:
- In re Relafen Antitrust Litigation, C.A. No. 01-12239 (D. Mass)
- In re K-Dur Antitrust Litigation, C. A. No. 01-1652 (D. N.J.)
- In re Neurontin Antitrust Litigation, MDL No. 1479 (D. N.J.)
- In re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1453 (D. Mass.)
- Penn Federation BMWE v. Norfold Southern Corp. C.A. No. 02-9049, E.D. Pa.
- New York Times Co. v. Tasini, 533 U.S. 483 (2001)
- Manufacturers Association of Tri-County v. Knepper, 801 F. 2d 130 (3d Cir. 1986)
- Manufacturers Association of Tri-County v. Knepper, cert denied, 484 U.S. 815 (1987)
- Local 397 IUE v. Midwest Fasteners, Inc., 763 F. Supp. 78 (D. N.J. 1990)
- Local 397 IUE v. Midwest Fasteners, Inc., 779 F. Supp. 788 (D. N.J. 1992)
- Classes/Seminars Taught:
- Adjunct Professor of Law, Rutgers Law School--Camden, 1991 – 1994
- Honors and Awards:
- Listed in Who's Who in America
- Listed in Who's Who in American Law
- Listed in The Best Lawyers in America
- Professional Associations and Memberships:
- AFL-CIO Lawyers Coordinating Committee
Member - Philadelphia Bar Association
Member