Thom Benedict concentrates his practice in litigation, with emphasis on trial practice, drug and medical device litigation, premises liability, products liability, professional malpractice, and complex commercial litigation.
Examples of his work include:
• Trial Practice: Chaired or participated on trial teams in jury trials taken to verdict in cases involving personal injury, defamation, professional malpractice, breach of contract, breach of fiduciary duty, premises liability, and employment discrimination. As First Chair, secured defense verdict for non-profit corporation in breach of contract and breach of fiduciary duty case. Successfully defended Honolulu Fire Department’s Fire & Rescue Squad in personal injury case. Obtained multimillion dollar verdict against defendant in professional malpractice case.
• Drug and Medical Device Litigation: Secured dismissal of actions against medical device manufacturers through summary judgment. Defended depositions of medical director, regulatory affairs director, and quality assurance personnel of infertility drug manufacturer. Won dismissal of lawsuit against a drug manufacturer before any discovery was completed. Developed trial evidence and themes through targeted depositions of treating physicians and experts in cardiology, pulmonology, pharmacology, anesthesiology, neurology, and surgery. Participated as local counsel in litigation involving drugs for diet, depression, diabetes, and arthritis medications.
• Professional Liability: Defended design professionals in professional malpractice claims, including the architect of Aloha Stadium.
• Premises Liability: Aggressively defended landowner of Hawai‘i’s largest retail center in high-profile lawsuit. Obtained findings of no liability or favorable awards on behalf of hotels, visitor industry businesses and state airports.
• Products Liability: Cost-effectively resolved personal injury, wrongful death, and property damage claims against manufacturers of industrial x-ray equipment, household appliances, elastomeric membranes, catheters, respiratory protective equipment, drugs and medical devices.
• Commercial Litigation: Won dismissal of all claims, including defamation, unfair and deceptive trade practices, anti-trust (Sherman Act and Robinson-Patman Act), against aviation tour operator on Maui. Helped to secure a multimillion dollar settlement on behalf of a state entity in a contract dispute.
• Electronic Discovery: Founded firm’s Electronic Discovery Task Force. Successfully employed electronic discovery tactics to force commercial litigation plaintiff to drop its case for nominal nuisance settlement. Trained in electronic discovery by the National Institute of Trial Advocacy.
Mr. Benedict’s legal interests include jury persuasion through the combination of evidence, psychology and sociology research, and visual communication techniques. Away from his legal practice, Mr. Benedict’s interests include photography, writing, politics and economics.
- University of Michigan, Ann Arbor, J.D., 1988
- University of Michigan, Ann Arbor, B.B.A. (with Distinction), 1986
- Northwestern Michigan College, A.S. (with Honors), 1984
Admitted to Practice
- United States Supreme Court
- Ninth Circuit Court of Appeals
- State Courts of Hawaii
- U.S. District Court of Hawaii