Daniel W. Whitney

IMG_2611

Managing Partner

(410) 583 8000
dwhitney@whitneybogris.com

Mr. Whitney is the managing partner of Whitney & Bogris. He has an extensive background in product liability, fire and life-safety litigation, medical and laboratory malpractice, medical device and pharmaceutical litigation, and toxic torts. He has represented clients in these areas for over thirty years in courts across the United States and in select matters in Canada. Mr. Whitney has served as national counsel for clients in litigation involving mass pharmaceutical and medical device claims, and has served as regional counsel in clinical laboratory and fire and life-safety cases. In addition, as a result of his extensive experience, he has served on national science and expert teams.  Most recently, Mr. Whitney has become renowned in the area of bed bug litigation, obtaining several record verdicts on behalf of plaintiffs. 

Based on his experience and demonstrated ability to identify critical issues and achieve favorable results, Mr. Whitney is often called on by clients to “troubleshoot” matters initially handled by other law firms. Mr. Whitney has successfully tried complex cases across the country, including Maryland, Washington, D.C., New Hampshire, California, Pennsylvania, and New York. He has obtained defense verdicts in some of the most notoriously plaintiff-oriented jurisdictions in the nation. In addition, he has significant appellate experience.  

While still a 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. Prior to beginning his private practice, Mr. Whitney served as a law clerk to Judge Robert C. Murphy, late Chief Judge of the Court of Appeals of Maryland.

Licensed in

Maryland
District of Columbia
New York

Admissions

U.S. District Court for the District of Maryland
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
United States Supreme Court

Education

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

Publications/Presentations

“Application of OSHA’s Bloodborne Pathogen Standard to Bed Bugs,” Bloomberg BNA, Inc. Toxics Law Reporter ™, 27 TXLR 1186 (October 25, 2012).

“Bed Bugs Litigation,” a Ringler Radio podcast on the Legal Talk Network (August 20, 2012)

“Bed Bug Disease Transmission: A Primer for Litigators,”  BNA, Inc. Toxics Law Reporter ™, 26 TXLR 1405 (December 1, 2011)

“Recovery of Damages for Wrongful Birth,” Journal of Legal Medicine, 32:2, pp. 167-204 (May 26, 2011)

“Subrogation Involving Mass Claims Paid Under Homeowners Policies for Damages Caused by Defective Consumer Products,” Subrogator (Spring/Summer 2010)

“The Difference Between Defect and Failure,” Claims Magazine (May 1, 2010)

“Minimum Pleading Requirements Needed to Prosecute Alleged Medicare Fraud,” BNA, Inc. Health Care Fraud Report (April 21, 2010)

“The Diminished Public Disclosure Defense,” Whitney on Health Care Fraud (April 19, 2010)

“Maryland False Health Claims Act,” Whitney on Health Care Fraud (April 13, 2010)

“Substandard Medical Services as Basis for False Claims Act Relief, BNA, Inc. Health Care Fraud Report (March 10, 2010)

“Guide to Preemption of State-Law Claims Against Class III Medical Devices,” Food and Drug Law Journal, Vol. 65, No. 1, pp. 113-139 (2010)

Publication, “Citizens Can Police Medicare Fraud,”  The Baltimore Sun (Jan. 29, 2010)

“The Prosecution and Defense of Bed Bug Lawsuits,”  BNA, Inc. Toxics Law Reporter, 25 TXLR 37 (Jan. 14, 2010)

“The Defective Household Product Not Recalled: Implications for the Component Manufacturer,”  BNA, Inc. Product & Liability Reporter, Vol. 37, No. 45, pp. 1193-1198 (Nov. 16, 2009)

Publication, “In Defense of Hourly Billing,” ALM Media Properties LLC, Law.com, Corporate Counsel (Sept. 18, 2009)

“New Strategies on Removal to Federal Court,” Drug and Medical Device Litigation: Defense Perspectives (1993)

“Product Liability Issues for the Expanding OTC Category,” Food and Drug Law Journal, Vol. 48, No. 3 (1993)

Presentation, “New Strategies on Removal to Federal Court,” DRI Drug and Medical Device Seminar (1991)

Contributing Author

“State-by-State Survey of the Effect of Compliance or Noncompliance with Federal Regulatory Standards in Pharmaceutical Products Liability Litigation – A Report of the Subcommittee on Pharmaceutical and Medical Devices,” Committee on Products Liability Litigation, American Bar Association (1995)

“State-by-State Survey of Ex Parte Contacts with a Plaintiff’s Treating Physician – A Report of the Subcommittee on Pharmaceutical and Medical Devices,” Committee on Products Liability Litigation, American Bar Association, Section of Litigation (1995)

“State-by-State Survey of the Statutes of Limitation and Repose Applicable to Pharmaceutical and Medical Device Litigation – A Report of the Subcommittee on Pharmaceutical and Medical Devices,” Products Liability Litigation Committee, American Bar Association, Section of Litigation (1997)

“State-by-State Survey of the Law Regarding Potential Liability for Off-Label Use of Drugs and Medical Devices – A Report of the Pharmaceutical and Medical Devices Subcommittee,” Products Liability Litigation Committee, American Bar Association, Section of Litigation (1999)

“Fifty-State Survey of FDCA-Related Tort Causes of Action – A Report of the Pharmaceutical and Biologicals Subcommittee,” Products Liability Committee, American Bar Association, Section of Litigation (2001)

“Fifty-State Survey of Challenging Expert Witnesses in Pharmaceutical and Medical Device Cases in State Court – A Report of the Pharmaceuticals and Biologicals Subcommittee,” Products Liability Committee, American Bar Association, Section of Litigation (2002)

“The Use of Epidemiology in Tort Litigation – A Survey of Federal and State Jurisdictions,”  American Bar Association, Section of Litigation (2003)

“The Restatement Sections Specifically Applicable to Pharamceutical and Medical Device Cases in State Court: A 50-State Survey – A Report of the Pharmaceuticals, Medical Devices and Biologicals Subcommittee,” Products Liability Committee, American Bar Association, Section of Litigation (2004)

“Federal Jurisdiction Based on Removal: A 50-State Survey – A Report of the Pharmaceutical Subcommittee,” Products Liability Committee, American Bar Association, Section of Litigation (2008)

“The 50-State Survey on Consumer Class Action Law,” American Bar Association, Section of Litigation (2008)

Memberships

American Bar Association, Section on Litigation, Drug and Medical Device Subcommittee
Maryland State Bar Association
Baltimore City Bar Association
Baltimore County Bar Association
New York Bar Association
Washington, D.C. Bar Association