Thomas P. Gressette, Jr.

Tom is an experienced litigator who has handled complex cases in federal and state courts around the country. He represents parties in all types of litigation ranging from business tort cases to contractual disputes to personal injury, including any necessary appeals. Tom also knows the ins and outs of several unique kinds of cases. Specifically, Tom represents all types of entities regulated by the South Carolina Public Service Commission. These cases include water/sewer utility ratemaking cases and matters involving solar and renewable energy projects. Tom also handles litigation matters in state and federal courts involving utility and solar issues. In another niche area of practice, Tom routinely represents clients in cases under the jurisdiction of the South Carolina Administrative Law Court, including environmental permitting matters and other issues regulated by the South Carolina Department of Health & Environmental Control (DHEC) and its Office of Coastal Resource Management (OCRM). These cases include litigation over beachfront jurisdictional lines (baseline and setback line) and critical area permitting.

Mr. Gressette represents plaintiffs in pharmaceutical and medical device cases, most of which are filed in federal court and assigned to respective Multidistrict Litigations (MDLs). However, Tom’s MDL experience is not limited to personal injury claims. He was actively involved in MDL 1358 in the Southern District of New York involving Methyl Tertiary Butyl Ether (MTBE). In those cases, Tom was appointed Special Counsel to the Attorney General of the State of New Jersey and represented the State of New Jersey as well as the Commonwealth of Puerto Rico. Tom’s experience in these cases managing and coordinating discovery involving multiple parties and across numerous government agencies allows him to identify then implement efficient and strategic discovery plans for cases of all sizes. Always with an eye toward trial and the necessary elements of proof, Tom’s approach to discovery is to streamline procedure while pushing cases to trial.

He is AV-Rated, the highest rating offered by Martindale-Hubbell®. Tom is also recognized by Super Lawyers and The Best Lawyers in America for his work in Administrative and Regulatory, Commercial Litigation, and Appellate Practice.

Originally from Florence, South Carolina, Tom has practiced law in Charleston for almost two decades. He has served as President of the South Carolina Chapter of the Federal Bar Association. Tom currently serves as President-Elect of the South Carolina Bar Foundation and he is a member of the James L. Petigru American Inn of Court. Tom is also a trained vocalist who has performed in a variety of venues, including as a soloist with the South Carolina’s Masterworks Choir and the Charleston Symphony Orchestra.

Areas of Practice

  • Commercial Litigation
  • Business and Contract Litigation
  • Personal Injury Litigation
  • Utility Ratemaking
  • Administrative Law Proceedings
  • Condemnation
  • Multi-District Litigation (MDLs)
  • Products Liability
  • Toxic Exposure
  • Professional Liability
  • Business Torts
  • Broker-Dealer Liability

Education

  • Clemson University, cum laude, 1993
  • University of South Carolina School of Law, J.D., 1997

Clerkship

  • The Honorable C. Weston Houck, United States District Court Judge, District of South Carolina

Bar Admissions

  • South Carolina
  • United States Virgin Islands
  • United States District Court for the District of South Carolina
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Supreme Court

Certifications

Honors

  • John R. Holland Scholarship for Outstanding Commitment to Leadership and Extracurricular Activities
  • Outstanding Pro Bono Service Award
  • University of South Carolina School of Law “Compleat Lawyer” Award
  • AV rating, Martindale-Hubbell®
  • Recognized by Best Lawyers since 2020
  • ~Administrative / Regulatory Law
  • ~Appellate Practice
  • ~Commercial Litigation
  • Selected to Super Lawyers since 2023
  • ~Civil Litigation: Plaintiff
  • ~Civil Litigation: Defense
  • ~Administrative Law
  • ~Business Litigation
  • ~Utilities

Legal & Community Activities

  • South Carolina Bar Foundation, Currently President-Elect
  • Federal Bar Association
  • ~SC Chapter Board Member 2016 – 2019
  • ~SC Chapter President 2007-2008
  • ~Fourth Circuit Vice President, 2008 – 2010
  • ~National Professional Ethics Committee, 2010 – 2012
  • South Carolina Bar
  • ~Trial and Appellate Advocacy Section Board, 2015 – 2017
  • ~Bar H.E.L.P. Task Force, 2008 – 2010
  • ~Lawyers Helping Lawyers Committee, 2000 – 2001
  • ~Quality of Life Committee, 2000 – 2001
  • Inaugural Member, James L. Petigru Inn of Court, Charleston School of Law
  • ~Director of Programming, 2011 – 2012
  • Former Adjunct Professor, Charleston School of Law
  • ~Federal Pleadings and Practice
  • ~Criminal Law

Selected Publications

Post-Graduate Law Review Publications

  • The Enforceability of Step-Down Provisions in Automobile Insurance Policies, co-authored with Professor Constance A. Anastopoulo, 48 Mitchell Hamline Law Review 539 (2022)‍.
  • The Heightened Pleading Standard of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, 58 Drake Law Review 401 (2010)‍.
  • Teaching Privacy in the Age of Octomom, co-authored with Professor Constance A. Anastopoulo, 44 Valparaiso University Law Review 391 (2010).

Reported Cases

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Thomas P. Gressette, Jr.