NANCY E. WHINNERY, ESQUIRE

LEGAL EXPERIENCE:

*/** – 5/2012 Sr. Associate/Counsel McGivney & Kluger PC (Wilmington)

Defend large caseload of asbestos-related cancer cases, all at different stages of litigation, from inception through settlement. Frequently attend depositions throughout the Northeast, representing up to ten clients per deposition, each having a different deposition strategy. Recommend strategy for the Delaware Asbestos Defense Group.

Under very short time constraints, and in fast-paced litigation environment, determine litigation strategy for each case. Analyze appropriate discovery and motions. Review the plaintiff-designated applicable substantive law, and conduct choice of law analysis. Research the appropriate state’s substantive law for each count of the complaint. Draft motions and briefs for large number of cases, each at varying points in the master trial scheduling order, applying the appropriate state’s substantive law.

Prepare settlement recommendation for each matter, discuss recommendations with clients, and conduction settlement negotiations, including mediation.

Write extensive client reports, each with different reporting requirements. Answer clients’ inquiries regarding status of case and recommendations for pursuing the litigation.

1/06 –2/2011 Associate, Swartz Campbell, LLC (Wilmington, DE)

Direct all aspects of asbestos litigation for managing partner’s Delaware caseload, for over 20 clients. Concurrently defend several hundred asbestos-related cancer cases, all at different stages of litigation, from inception through settlement, including mediations. Frequently attend depositions over the entire United States. Conduct depositions as lead counsel.

Review and analyze litigation strategy for each case. Examine record for each case and determine appropriate motions and discovery. Conduct choice of law analysis and research the appropriate state’s liability standard. Draft numerous briefs and motions, according to fast-paced scheduling orders, and under very short time constraints.

Write extensive client reports, for clients having different reporting requirements. Answer clients’ inquiries regarding status of case and recommendations for pursuing the litigation. Communicate with, and take direction from, managing partner regarding strategy and status of cases. Supervise and advise support staff.

Manage asbestos-related cases transferred to the Federal Multi-District Litigation in the Eastern District of Pennsylvania. Appear before Court in MDL-related matters.

7/05 - 1/06 Associate, Wilbraham Lawler & Buba (Wilmington, DE)

Defend high volume of asbestos-related cancer cases. Attend depositions over the entire United States, and conduct depositions as lead counsel. Defend non-asbestos insurance matters, including personal injury cases.

4/03 - 7/05 Associate, Valocchi & Sasso, P.A. (Wilmington, DE)

Defend cases involving various types of asbestos-related diseases. Attend depositions and conduct depositions as lead counsel. Defend non-asbestos insurance matters, including workers’ compensation cases. Review and analyze medical records, employment histories, and industrial accident reports pertaining to each worker’s compensation case. Determine strategy for defending workers’ compensation matters. Appear before the Industrial Accident Board as counsel for the insured.

Defend automobile injury cases for various insurance companies. Review and analyze police reports, medical records, and client statements taken by insurance representatives. Attend mediations. Communicate with insurance representatives.

10/02 - 4/03 Pepper Hamilton LLP (Wilmington, DE) (contract attorney)

Design and manage asbestos litigation procedures from the ground up for a major world-wide construction corporation. Institute uniform procedures for handling various types of cases involving asbestos-related disease. Supervise and advise support staff. Draft pleadings, motions, and briefs. Attend depositions and status conferences.

11/00 - 2/02 Associate, Gollatz, Griffin & Ewing (West Chester PA)

Conduct complex general civil litigation, including case involving construction defects against manufacturer of industrial-size pumps used in municipal setting, and against real-estate developer on behalf of neighborhood association.

Successfully try to verdict breach of employment contract/wrongful termination case in state court. In Federal court, pursue plaintiffs’ employment claims for civil rights violations. Analyze cases to determine whether cases are appropriate for litigation. Conduct depositions, attend Court-mandated conferences.

Represent clients in Family Court, for division of assets and for support matters.

9/98 - 11/00 Associate, Biggs and Battaglia (Wilmington, DE)

General litigation. Pursue plaintiff’s employment matters, including wrongful termination and Federal civil rights violations. Conduct depositions. Attend mediations.

Defend attorneys in professional responsibility/liability matters. Conduct nation-wide research and analyze law, including national law from unreported sources. Appear before Professional Responsibility Board resulting in successful re-instatement of disbarred attorney.

5/96 - 6/98 Associate, Cozen and O'Connor (Philadelphia, PA)

Civil litigation practice emphasizing commercial litigation and professional liability defense.

9/93 - 5/96 Associate, Young, Conaway, Stargatt & Taylor (Wilm. DE)

Civil litigation practice focusing on both plaintiffs’ and defendants’ employment law, as well as commercial and environmental coverage law. Appear before Justice of Peace Court on behalf of corporations, and also in eviction matters.

6/91 - 9/91 Law Clerk, Young, Conaway, Stargatt & Taylor

6/92 – 9/92

Research and draft memoranda of law.

OTHER EXPERIENCE:

6/83 - 8/89; Technical Writer, Unisys/Burroughs Corp. (Radnor, PA)

6/90 - 9/90

Plan, draft, edit, and revise reference and training materials for various computer applications, including manufacturing software and job shop software. Draft from engineering specifications the manual for initial release of TCP/IP. Review and analyze engineering specifications and programming code in order to draft appropriate manual.

4/81-6/83 Systems Support Analyst, Burroughs Corp. (Radnor, PA)

Provide telephone and written hotline support for job accounting software application package. Draft student materials; teach customer classes.

5/80 - 1/81 Writer, The White House (Washington, D.C.)

Research and draft responses to correspondence received at the White House, with special responsibility for hardship and unusual requests for information. Refer cases to appropriate Federal or state agency as necessary.

9/78 – 5/80 Claims Examiner, U.S. Department of Labor (Columbus, OH)

Process claims for black lung benefits. Interpret Federal Register, newly enacted Coal Mine Workers’ Compensation Act, and Federal Regulations to appropriately process claims. Interview claimants. Review medical records. Assist clients in locating employment records. Apply standards to determine eligibility for black lung benefits.

EDUCATION:

J.D., May 1993; Temple University, School of Law, Philadelphia, PA

Honors and Activities: Magna Cum Laude; Temple Law Review

M.B.A., August 1985; Temple University, Ambler, PA

B.A., May 1978; University of Wisconsin, Madison, WI

International Relations, Scandinavian Studies

Honors and Activities: Graduated with Honors

BAR ADMISSIONS/PROFESSIONAL MEMBERSHIPS:

Delaware, 1993; District of Delaware, 1994; PA, 1996; 3rd Circuit, 1996

Delaware State Bar Association 1993 – present

BIBLIOGRAPHY:

Nancy E. Whinnery, Recent Decisions to Constitutional Law - The Immigration Marriage Fraud Amendments: Substantive or Procedural Provisions? 64 TEMPLE L. REV. 1081 (1991)

Contact this candidate