Josh Thorpe concentrates his practice on class action, appellate, and business tort work, representing both plaintiffs and defendants. Josh’s plaintiff-side experience includes a $454 million breach of fiduciary duty judgment against Time Warner, a $281 million breach of contract verdict against Turner Broadcasting System, and a $192 million settlement in a class action race discrimination case. On the defense side, his experience includes dismissals of civil RICO mass joinder actions against a major financial services firm, summary judgment in a class action against a major fin tech firm, and dismissals and denials of class certification in consumer class actions against a major retailer.

Representative Work

Class Action Plaintiff’s Cases

Obtained class certification in trial court and affirmance of class certification on appeal in action alleging that overdraft fees violate Georgia usury laws [SunTrust Bank v. Bickerstaff, 349 Ga. App. 794, 824 S.E.2d 717 (2019)]

Secured a $16.5 million settlement in class action arising out of residential delivery fees [Gokare v. Federal Express Corp, 2013 WL 12094870 (W.D. Tenn. Nov. 22, 2013)]

Obtained reversal of denial of class certification in civil RICO action alleging employment of undocumented workers and subsequent $18 million settlement [Williams v. Mohawk Indus., Inc., 568 F.3d 1350 (11th Cir. 2009); Williams v. Mohawk Indus., Inc., 2010 WL 11500061 (N.D. Ga. July 22, 2010)]

Represented class in employment discrimination class action resulting in $192 million settlement [Ingram v. The Coca-Cola Co., 200 F.R.D. 685 (N.D. Ga. 2001)]

Class Action Defense

Successfully represented university in obtaining dismissal of class action seeking refund of tuition and fees for putative class of students [Koerner v. Mercer Univ., No. 5:24-cv-00083 (M.D. Ga. June 21, 2024)]

Secured dismissal of mass joinder actions filed by plaintiffs asserting civil RICO claims [Kearney v. Oppenheimer & Co., Wright v. Oppenheimer & Co. (Fulton Cty. Super. Ct. Apr. 22, 2024)]

Obtained denial of class certification in consumer class action alleging unfair trade practices [Blobner v. R.T.G. Furniture Corp., 2019 WL 3808130 (M.D. Fla. July 24, 2019)]

Secured grant of partial summary judgment in FCRA class action arising out of employee background checks; case later dismissed with prejudice [Baccay v. Heartland Payment Sys., LLC, 2019 WL 337585 (D.N.J. Jan. 28, 2019)]

Obtained dismissal with prejudice in class action alleging underpayment of drivers [Colon v. SE Independent Delivery Servs., Inc., No. 8:17-cv-1578 (M.D. Fla.)]

Secured dismissal of action alleging payment processor overcharged putative class of merchants [Cobra Tactical, Inc. v. Payment Alliance Int’l Inc., 315 F. Supp.3d 1342 (N.D. Ga. 2018)]

Appellate Work

Obtained reversal of dismissal of breach of contract class against auto insurer [Cudd v. State Farm Mut. Auto Ins. Co., 2024 WL 65998 (11th Cir. Jan 5, 2024)]

Assisted hotel operator in obtaining ruling barring breach of contract and breach of fiduciary duty action [A&M Hospitalities, LLC v. Alimchandani, 363 Ga. App. 531 (2023)]

Assisted fin tech firm in obtaining ruling affirming dismissal of action alleging negligent misrepresentation [Global Payments, Inc. v. Incomm Fin. Servs., Inc., 308 Ga. 842 (2020)]

Secured reversal of denial of class certification in action against bank alleging overdraft fees violate Georgia usury laws [Bickerstaff v. SunTrust Bank, 299 Ga. 459 (2016)]

Obtained affirmance of $281 million judgment in breach of contract action arising out of purchase agreement for two professional sports teams and arena operating rights [Turner Broadcasting Sys., Inc. v. McDavid, 303 Ga. App. 593 (2010)]

Represented union in obtaining affirmance of dismissal of negligent misrepresentation claims arising out of financial advisor program [Atwater v. Nat’l Football League Players Ass’n, 626 F.3d 1170 (11th Cir. 2010)]

Assisted in obtaining reversal of $457 million judgment in breach of contract action against manufacturer [Weyerhauser Co. v. Lambert, 2007 WL 2826957 (N.D. Ga. Sept. 26, 2007)]

Assisted in obtaining affirmance of $454 million judgment in breach of fiduciary duty action against entertainment company [Time Warner Ent’mt Co., L.P. v. Six Flags Over Ga., LLC, 254 Ga. App. 598 (2002)]

Represented plaintiffs in obtaining affirmance of $17 million award in reverse discrimination suit against government-operated library [Bogle v. McClure, 332 F.3d 1347 (11th Cir. 2000)]

Honors and Awards

Georgia Super Lawyer, 2006 - 2009

Georgia Rising Star, 2005 

Georgia Local Litigation Star, Benchmark Plaintiff 2012