Thomas M. Mealiffe

/My focus

Real Estate

I focus on commercial real estate disputes concerning all aspects of real estate, including financing, partnership disputes, complex commercial tenancy disputes, leasing, and real estate valuation matters (ground lease and space lease rent re-sets in particular). I have tried numerous ground rent re-set arbitrations involving hundreds of millions of dollars on behalf of both commercial landlords and tenants.

Complex Commercial Litigation

Much of my work involves disputes concerning companies that operate in a variety of markets, including healthcare, fintech, and blockchain technologies. I have represented clients in a broad array of matters, including shareholder disputes and False Claims Act cases involving Medicare and Medicaid billing.

Product Liability Litigation

I have worked with several large manufacturers, particularly in the aviation industry, in defending their products against claims of negligence and manufacturing and design defect. I have also worked with manufacturers on regulatory matters, particularly involving the Consumer Product Safety Commission, guiding them through reporting of incidents and product recalls.

/Representative experience

• Recovered more than $3 million, including the recovery of attorneys’ fees, for Avis Budget Car Rental LLC in a property damage matter, after a more than two-week jury trial in the United States District Court, Eastern District of New York
• Obtained a complete defense verdict for a large multi-state construction operation in a Title VII retaliation matter after a two-week jury trial in the United States District Court, Northern District of New York
• Obtained a complete defense verdict for French and United States aviation clients against product liability claims brought in Texas state court after a three-week jury trial
• Obtained a precedent-setting summary judgment decision on behalf of an international airline in a Montreal Convention matter in the United States District Court, Eastern District of New York, and successfully argued the appeal of that decision before the Second Circuit

/Looking ahead

Blockchain technology and digital assets are revolutionizing a variety of industries. I’m excited to have the opportunity to work with those companies developing these innovations as they grow and navigate the current legal landscape.

/Insights

• "Commercial Leasing Update: How to Dispute and Litigate Fair Market Rent Renewals; Operating Expense & Real Estate Tax Escalations; and Defaults," Webinar, August 9, 2023 (Presenter)
• “Innovative Strategies for Defending Against Aviation Claims: Managing the Rise in E-Discovery and Its Increasing Involvement in Aviation Litigation, and Effective Use of Expert Witnesses and Jury Communication,” American Conference Institute’s 7th National Forum on Defending and Managing Aviation Claims & Litigation, New York, NY, June 2, 2015 (Co-presenter with J. Ortego)
• Co-author of the book, Consumer Products Liability, Ensuring Compliance, Avoiding Missteps and Reducing Exposure, published by Thomson Reuters, 2014.
• “Are You Recall Ready?” Nixon Peabody Webinar, October 1, 2014 (Presenter)
• “Making Your Online Evidence Usable in the Courtroom,” National Business Institute, May 23, 2013 (Presenter)
• “Expert Disclosure in New York: One Step Forward, Two Steps Back,” New York Law Journal, December 10, 2012 (Co-author with B. Lukeman)
• “Strategy Considerations when Faced with a Co-defendant’s Spoliation,” The Practical Litigator, April 2012 (Co-author with J. Ortego)
• “Food Safety Litigation,” National Business Institute, February 8, 2012 (Co-presenter with B. Lukeman)
• “The Blogging and Social Networking Juror,” DRI’s Young Lawyer Committee Newsletter—The Whisper, June 9, 2009 (Co-author with T. Ehlers)