E. Colin Thompson

Phone: 813-223-3888 E. Colin Thompson Contact

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Areas of Practice:

Litigation


Education:

University of Florida Levin College of Law, J.D. 2003 (cum laude)
University of Florida Fisher School of Accounting, M.S. 2003
University of Florida, B.S., (Accounting) B.S. 1999
University of Florida Hall of Fame (Class of 2003)
Florida Blue Key, President, Fall, 2002
Florida Blue Key Treasurer, Spring, 2002

Bar & Court Admissions:

  • Florida
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Middle District of Florida
  • United States District Court for the Southern District of Florida
  • United States District Court for the Northern District of Florida
  • United States Bankruptcy Court for the Middle District of Florida

Colin Thompson partners with and counsels clients through all stages of disputes: working to efficiently avoid and resolve disputes pre-suit; trying to judges and juries those disputes that cannot be otherwise resolved; and, presenting, defending against, and arguing appeals. Disputes he works to help his clients resolve routinely involve breaches of contract, property rights, construction defects, real estate transactions, franchise issues, and other matters. Colin’s practice also includes defending companies against putative consumer and employee class actions involving claims of deceptive and unfair trade practices, statutory violations, products liability, and mass torts.

Colin is an experienced and effective trial attorney.  He came to Smolker Bartlett after practicing for over 12 years in the Tampa and Miami offices of one of the largest law firms in the world, of which he served as the Litigation Training Partner for the Florida offices. He has first-chaired significant jury and non- jury trials, represented clients in arbitration hearings, and  represented clients in and argued appeals before Florida district courts of appeal and the United State Eleventh Circuit Court of Appeals. Colin’s jury-trial experience includes a variety of complex business disputes and consumer class actions. At the appellate level, Colin has obtained for clients affirmance of trial court orders and verdicts, and reversals of trial court class certification orders. Appellate decisions he helped his clients obtain have clarified and placed limits on class claims asserted under the Florida Deceptive and Unfair Trade Practices Act and have been cited by commentators, litigants and courts throughout the country in support of tighter bounds on claims brought under states' “Little FTC Acts.”

Professional Memberships:

  • American Bar Association
    • Co-Chair, Emerging Issues Subgroup of the Class Action and Derivative Suits Committee (2015-present)
    • Co-Chair, Web Editors Subgroup of the Class Action and Derivative Suits Committee (2015-present)
  • The Florida Bar
  • Hillsborough County Bar Association Young Lawyers Division
  • James Maddison Institute, Tampa Bay Board of Advisors (2015-present)

Recognitions:

Colin has been rated AV-Preeminent, the highest rating attainable, by the Martindale-Hubbell Law Directory. In reviewing him, clients describe Colin as a "hard working, ethical, cost-conscience litigator" who "works relentlessly on your behalf."

Publications:

  • Author, "Sixth Circuit Approves Certification of Classes to Pursue Plaintiffs' 'Snake Oil' Theory of Liability," News and Developments, Class Actions & Derivative Suits Committee website, a publication of the American Bar Association, Section of Litigation (September 21, 2015)
  • Author, "Seventh Circuit Rejects Third Circuit's 'Heightened' Ascertainability Analysis," News and Developments, Class Actions & Derivative Suits Committee website, a publication of the American Bar Association, Section of Litigation (August 18, 2015)
  • Author, "The Circuits Clash Over Class Action Ascertainbility," Law 360.com (August 7, 2015)
  • Author, "Eleventh Circuit Rules in Karhu v. Vital Pharmaceuticals," News and Developments, Class Actions & Derivative Suits Committee website, a publication of the American Bar Association, Section of Litigation (July 17, 2015)
  • Author, "Eleventh Circuit Doesn't Coral Small-Dollar Class Actions," com (Expert Analysis, June 24, 2015)
  • Co-author, ''After Concepcion, Is Your ‘New’ Arbitration Agreement Still Enforceable?'' Class Actions & Derivative Suits Newsletter (Winter 2015, Vol. 25, No. 2), a publication of the American Bar Association, Section of Litigation (with Amy Reagan)
  • Co-author, ''Recent Developments Affecting Corporate Counsel,'' Tort Trial and Insurance Practice Law Journal (Fall 2010)

Presentations and Seminars:

  • Faculty Presenter: “Hit Me Again!” It’s Class Actions 21, I mean 2-0-1, Discovery in Class Actions, American Bar Association 20th Annual National Institute on Class Actions (October, 2016).
  • Visiting Instructor, “Impact Litigation, Class Action and Social Change”, Universidad Panamericana, Mexico City, Mexico (November 2015)
  • Presenter, ''Post-Concepcion Developments in the Enforcement of Arbitration and Class Waiver Provisions,'' Bridgeport National Class Action Conference, Miami, Florida, February 6, 2015
  • Visiting Instructor, “Impact Litigation, Class Action and Social Change”, Universidad Panamericana, Mexico City, Mexico (November 2014)
  • Visiting Instructor, “Impact Litigation, Class Action and Social Change”, Tecnológico de Monterrey, Mexico City, Mexico (November 2014)

Select Past Cases and Decisions:

  • Porsche Cars North America, Inc. v. Diamond et al., 140 So. 3d 1090 (Fla. 3d DCA 2014), review denied by, 2014 WL 7005011 (Fla. 2014) (decertifying class seeking to assert claims for violation of the Florida Deceptive and Unfair Trade Practices Act and Unjust Enrichment)
  • City of St. Petersburg v. Total Containment, Inc. et al., 2010. 265 F.R.D. 630 (S.D. Fla. 2010) (denying plaintiffs’ motion to certify classes seeking over $5 billion in damages)
  • Kia Motors America Corp. v. Butler, 985 So. 2d 1133 (Fla. 3d DCA 2008), review denied by, 999 So.2d 644 (Fla. Dec 16, 2008) (decertifying class seeking to assert claims for violation of the Florida Deceptive and Unfair Trade Practices Act)
  • Castellanos v. Pfizer, Inc., et al., Case No. 07-60646-CIV, 2008 WL 2323876 (S.D. Fla. 2008) (dismissing RICO and conspiracy claims)