JOSHUA F. THORPE

Josh Thorpe’s practice focuses on representing both plaintiffs and defendants in complex business litigation with an emphasis on class action, business tort and employment cases.  His experience includes a $454 million breach of fiduciary duty judgment, a $281 million jury verdict against Turner Broadcasting System (TBS) for breaching an agreement to sell two sports franchises and an arena, and a $192 million settlement in a class action race discrimination case. Josh has also successfully represented defendants in class action and commercial cases, including the successful defense of the National Football League Players Association against claims that the NFLPA was responsible for $20 million in investment losses.

Josh has been named a Georgia Super Lawyer by Atlanta magazine from 2006 - 2008, after having been named a Rising Star by that publication in 2005.

Education & Background

Harvard University (B.A., with honors, 1988)
Duke University (J.D., with high honors, 1991)
Order of the Coif
Note Editor: Duke Law Journal, 1989-1991
Member: Moot Court Board, 1989-1991

Clerkship

Law Clerk to the Honorable Orinda D. Evans, United States District Court for the Northern District of Georgia, 1991-92

Representative Cases

Represented David McDavid in obtaining a $281 million jury verdict against TBS for breaching an agreement to sell McDavid the Atlanta Hawks, the Atlanta Thrashers and the operating rights to Philips Arena. The jury verdict is one of the largest compensatory damage awards in Georgia history.

Co-counsel for the plaintiffs in a breach of fiduciary duty case which resulted in a $454 million jury verdict against Time Warner for compensatory and punitive damages, the largest verdict ever awarded in Georgia (a verdict that was affirmed on appeal and paid in full).

Counsel for the plaintiff class in a race discrimination case against Coca-Cola that settled for $192 million.

Represented the National Football League Players Association in obtaining summary judgment on a $20 million claim arising out of the NFLPA’s Financial Advisors Program.

Co-counsel in a case affirming a $16.6 million award on appeal for seven employment discrimination plaintiffs.

Represented commercial client in the successful defense of a class action alleging RICO and other violations.

Admitted

State Bar of Georgia
Georgia Courts
United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court for the Northern District of Georgia
United States District Court for the Middle District of Georgia
United States Supreme Court

Other Activities

Member: Atlanta Bar Association (Member: Labor and Employment and Litigation sections)
State Bar of Georgia (Member: Labor and Employment and Litigation Sections)
American Bar Association (Member: Labor and Employment and Litigation Sections)
American Inns of Court (Barrister, Lumpkin Inn, 1993-1995)

Publications

Author: “Gender-Based Harassment and the Hostile Work Environment,” 1990 Duke Law Journal, 1361
Co-Author: “Don’t Fence Reves In: The Decision is not Limited to Professionals,” Civil RICO Report, Buraff Publications, Vol. 9, 50, Part 2