Philadelphia businessman Thomas Tomei successfully obtained a defense verdict in an $89 million lawsuit disputing the ownership and operation of his family’s business H&H Manufacturing Co., Inc. (H&H). The Delaware County Court of Common Pleas also awarded Thomas costs and fees in excess of $1.3M.

Thomas took over H&H in the early 1980s, at a time when the company had no profits, and worked tirelessly to turn H&H into a company that generated over $80 million in profits since the late 1980s. While Thomas focused on H&H’s operation, his father Vincent, controlled H&H’s books, its distribution of profits, and gifted H&H shares amongst the Tomei family. Vincent had complete control over trusts that held Thomas’ distribution of H&H profits, while for almost 30 years, Thomas had only a basic understanding of the actual amounts in trust based on what his father told him. Vincent exercised his exclusive control over H&H’s business in secrecy, and manipulated the financial books by falsifying documents. Meanwhile, Thomas never questioned his father because he trusted him and Vincent never even provided Thomas with written statements. However, in 2012, Thomas fortuitously discovered a trust statement indicating that tens of millions of dollars were missing from his trust, and his faith in Vincent Tomei was shattered.

After this discovery, Thomas refused to blindly allow Vincent to continue controlling his H&H distributions. Vincent responded by engaging in a campaign to oust Thomas from H&H in furtherance of his scheme to control H&H distributions and in retaliation for Thomas’ questioning Vincent’s misappropriation of Thomas’ trust funds. Vincent even went so far as suing Thomas for over 4 million dollars claiming conversion and breach of fiduciary duty. He also sought to strip Thomas of his 95% ownership interest in H&H.

Additionally, weeks before trial was originally set to begin, Thomas’ mother, Marie Tomei, intervened in the case to assert her own claims against him. Marie, also under her husband Vincent’s control, claimed she owned H&H and sought damages in excess of $75 million.

Thomas countersued his parents Vincent and Marie for their conversion, breaches of fiduciary duty, and improper attempt to fire him and strip him of his ownership in H&H.

The Court prohibited Vincent and Marie Tomei from suing Thomas, due to their own misconduct. The Court also found that Vincent stole approximately $35,000 from Thomas, and that he violated Thomas’s employment agreement when Vincent tried to fire him.

Vincent Tomei was represented by Paul Bucco and David Makara of the law firm of Davis & Bucco. The Estate of Marie Tomei is represented by Joseph Fiorvanti, Esq. Thomas Tomei was represented by Obermayer attorneys Matthew Green and Lars Lederer, together with Frank Catania of Catania & Parker, LLP.