ATTORNEYS

Daniel W. Whitney / Managing Partner
P: (410) 583-8022
F: (410) 583-1786
E-mail: dwhitney@whitneybogris.com

Overview

Mr. Whitney is the Managing Partner of Whitney & Bogris.  He has an extensive background in product liability, subrogation actions involving fire and life safety equipment, medical malpractice defense, and toxic tort litigation, having represented clients in these areas for more than twenty years in courts across the United States as well as in select matters in Canada.  He has served as national counsel for clients in litigation involving pharmaceutical and medical device claims, and has served as regional counsel in laboratory negligence matters.  Mr. Whitney is often called on by clients to “trouble-shoot” matters handled by other lawyers and law firms based on his experience and demonstrated ability to achieve favorable results.

Mr. Whitney has recently served as lead trial counsel on complex product liability and medical negligence cases tried in California, New Hampshire and New York.  In Alameda County, California, and Laconia, New Hampshire, Mr. Whitney obtained defense verdicts in favor of a latex glove manufacturer against claims of disabling allergies caused by our client’s product.  Overcoming a jury finding of negligence, Mr. Whitney also obtained a defense verdict in the U.S. District Court for the Eastern District of New York in a case alleging melanoma metastasis as a result of failure to properly diagnose.  This verdict was upheld on appeal to the U.S. Court of Appeals for the Second Circuit.

While a law student, Mr. Whitney was a bailiff/law clerk for Robert L. Karwacki, who, at the time, was Administrative Judge of the Supreme Bench of Baltimore City.  Judge Karwacki later served as an Associate Judge of the Court of Special Appeals, and subsequently received an appointment as Associate Judge on the Maryland Court of Appeals.  Mr. Whitney also served as a law clerk to Judge Robert C. Murphy, late Chief Judge of the Court of Appeals of Maryland.

Mr. Whitney has lectured and authored articles in the field of products liability, civil procedure and insurance coverage.  His articles include Product Liability Issues For The Expanding OTC Category, published in the Food and Drug Law Journal, Volume 48, Number 3 (1993).  He was invited to speak on the topic of "New Strategies on Removal to Federal Court" at the Defense Research Institute Annual Drug and Medical Device Seminar in 1991, and his paper was published as a chapter in a 1993 DRI Special Publication, Drug and Medical Device Litigation:  Defense Perspectives.  Mr. Whitney has also regularly contributed articles to state-by-state surveys of the law published by the ABA Pharmaceutical and Medical Device Subcommittee.

Admissions:

Maryland
New York
District of Columbia

Courts and Forums:

Education:

J.D., University of Maryland School of Law, 1979
     Maryland Law Review
B.A., Drew University, 1976

Representative Decisions:

Wilson v. Eli Lilly & Co., 222 F.R.D. 99; 2004 U.S. Dist. LEXIS 10834 (D. Md., June 14, 2004).

Shaffer v. SmithKline Beecham Clinical Labs., Inc., 75 Fed. Appx. 48; 2003 U.S. App. LEXIS 19196 (2^nd Cir., September 16, 2003).

Melton v. Tyco Valves & Controls, 211 F.R.D. 288; 2002 U.S. Dist. LEXIS 24348 (D. Md., November 1, 2002).

Brock v. Baxter Healthcare Corp., 96 F. Supp. 2d 1352; 2000 U.S. Dist. LEXIS 5640 (S.D.Ala., April 18, 2000).

McDonald v. Damian, 56 F. Supp. 2d 574; 1999 U.S. Dist. LEXIS 10548 (E.D.Pa., July 15, 1999).

Lerner Corp. v. Assurance Co. of Am., 120 Md. App. 525, 707 A.2d 906; 1998 Md. App. LEXIS 74 (April 2, 1998).

Powell v. Schapiro, 351 Md. 286; 718 A.2d 235; 1998 Md. LEXIS 855 (October 9, 1998).

Lakie v. Smith-Kline Beecham, 965 F. Supp. 49; 1997 U.S. Dist. LEXIS 7527; CCH Prod. Liab. Rep. P15,063 (D.DC., March 5, 1997).

Yonce v. SmithKline Beecham Clinical Labs., Inc., 111 Md. App. 124; 680 A.2d 569; 1996 Md. App. LEXIS 107 (June 28, 1996).

Richwind Joint Venture 4 v. Brunson, 335 Md. 661; 645 A.2d 1147; 1994 Md. LEXIS 105 (August 22, 1994).

Grubb v. Donegal Mut. Ins. Co., 935 F.2d 57; 1991 U.S. App. LEXIS 11668 (4^TH Cir., December 3, 1990).

Globe American Casualty Co. v. Chung, 322 Md. 713; 589 A.2d 956; 1991 Md. LEXIS 91 (May 10, 1991).

Buffington v. Baltimore County, 913 F.2d 113 (4^th Cir. 1990).

Hartford Acci. & Indem. Ins. Co. v. Birdsong, 78 Md. App. 343; 553 A.2d 251; 1989 Md. App. LEXIS 44 (February 8, 1989).

Government Employees Ins. Co. v. Ropka, 74 Md. App. 249; 536 A.2d 1214; 1988 Md. App. LEXIS 51 (February 11, 1988).

Home Ins. Co. v. United States Fire Ins. Co., 312 Md. 394; 540 A.2d 123; 1988 Md. LEXIS 45 (April 13, 1988).

Oxendine v. Merrell Dow Pharms., 506 A.2d 1100; 1986 D.C. App. LEXIS 299; CCH Prod. Liab. Rep. P10,940 (March 25, 1986).

Progressive Casualty Ins. Co. v. Ehrhardt, 69 Md. App. 431; 518 A.2d 151; 1986 Md. App. LEXIS 432 (December 8, 1986).

Weinberg v. Johns-Manville Sales Corp., 299 Md. 225; 473 A.2d 22; 1984 Md. LEXIS 261 (April 5, 1984).

Henson v. Bethlehem Steel Corp., 564 F. Supp. 497; 1983 U.S. Dist. LEXIS 18068 (D.Md.,  March 31, 1983).

Pierce v. Johns-Manville Sales Corp., 296 Md. 656; 464 A.2d 1020; 1983 Md. LEXIS 283; CCH Prod. Liab. Rep. P9777 (September 7, 1983).

Memberships:

Defense Research Institute, including Committee on Drug and Medical Device Litigation
Maryland Defense Counsel, Inc.
American Bar Association, Section of Litigation, Drug and Medical Device Subcommittee
Baltimore City Bar Association
Baltimore County Bar Association
Maryland Bar Association
Washington, D. C. Bar Association