Kristin Werner concentrates her practice in complex business and commercial litigation in state and federal courts throughout the United States and in commercial arbitration and administrative agency proceedings. Ms. Werner also counsels clients on litigation avoidance and management of complex litigation.

Ms. Werner's experience includes litigation of complex disputes involving commercial contracts, extra-contractual liability, employment, business torts, unfair competition, consumer protection, insurance and reinsurance, intellectual property, trade secrets, class actions, commercial real estate transactions, Lanham Act and antitrust claims.

Ms. Werner's experience also includes litigation involving hazardous waste, gasoline, terminals and pipelines and claims involving exposure to toluene, TCE, PCE, petroleum products, creosote, benzene, BTEX compounds, silica and asbestos.

Ms. Werner is a graduate of Villanova University School of Law, where she was a member of the Villanova Law Review, and received a Bachelor of Arts degree in International Relations from St. Joseph's University.

Areas Of Practice

Energy, Environment and Resources
Commercial Litigation
Employment
Litigation Avoidance Counseling
Insurance and Reinsurance
Bad Faith
Mass Tort Litigation
Business Tort Litigation
Class Action Litigation

Representative Matters

Defended employers in litigation and administrative agency proceedings involving claims of age discrimination.
Counsel to Kuwait Oil Tanker Company S.A.K. and SITKA Shipping, Inc. in litigation arising from claims of corporate fraud and embezzlement in Kuwait Oil Tanker Company S.A.K. and SITKA Shipping Incorporated v. Abdul Fattah Sulaiman Khaled Al Bader, Hassan Ali Hassan Qabazard and Timothy St. John Stafford, Court of Common Pleas of York County, Pennsylvania.
Defended a number of actions involving alleged design and construction defects in pipeline operations, including property damage and bodily injury claims allegedly related to the release of petroleum products from terminal and pipeline operations.
Represented underwriting companies in a series of commercial arbitrations involving breach of software license agreements related to the rollout of proprietary claims management software. Obtained reimbursement of software costs plus damages and attorneys fees.
Represented software manufacturer in patent infringement and business tort litigation in Serviceware Technologies, Inc. v. Primus Knowledge Solutions, No. 03-1467, United States District Court for the Western District of Pennsylvania.
Represented national construction company in litigation related to performance of a residential real estate development contract by real estate developer. Obtained summary judgment on all claims.
Defended commercial real estate developer in litigation brought by medical practice alleging breach of contract and unfair competition with regard to the construction of a hospital.
Represented collection company in the United States Court of Appeals for the Third Circuit in appeal related to the validity of offers of judgment under the Rule 68 of the Federal Rules of Civil Procedure in class actions pursuant to the Fair Debt Collection Practices Act.
Handled litigation involving alleged losses sustained by operators of minimarket franchises related to the introduction of MTBE in gasoline. AM/PM Franchise Association v. Atlantic Richfield Co.
Represented Professional Golf Association in matter arising from competitor's improper use of registered domain name. Obtained temporary restraining order on behalf of the PGA.
Represented toy manufacturer in trademark and copyright infringement litigation related to the manufacture and sale of miniature toy skateboards.
Obtained summary judgment on behalf of law firm and partner in defamation action arising out of alleged representations to creditors in the course of providing professional services.
Defense of professional liability matters, including defense of accountants, attorneys and physicians in professional liability and business tort litigation.
Defended manufacturer of automotive degreasers in litigation involving claims of lymphoma and leukemia alleged to have resulted from exposure to benzene.
Defended matter involving application of excess of loss contracts to railroad employee claims arising from various occupational diseases, including asbestos-related disease, noise-induced hearing loss, carpal tunnel syndrome and other orthopedic conditions resulting from workplace exposure to repetitive stress as well as liabilities arising from hazardous waste generated by operations at various rail yards and repair and maintenance facilities. The Kansas City Southern Railway Company and Kansas City Southern Industries v. Stonewall Insurance Company, Cause No. B-161,903, District Court of Jefferson County, Texas, 60th Judicial District.
Handled litigation involving environmental remediation at forty-one (41) railroad maintenance, refueling and repair facilities. Obtained summary judgment on the issues of allocation and exhaustion in a case of first impression in Alabama. Illinois Central Railroad Company, individually and as successor-in-interest to The Gulf, Mobile, & Ohio Railroad v. Stonewall Insurance Company, No. CV-99-3525, Circuit Court for the Thirteenth Judicial District, Mobile County, Alabama.
Secured summary judgment on all claims in a matter involving environmental remediation of a locomotive maintenance and refueling facility located in Huron, South Dakota. Union Pacific Railroad Company v. Certain Underwriters at Lloyd's London, No. 99-164, Circuit Court, Third Judicial District, County of Beadle, South Dakota.
Defended litigation arising from employee sensorineural hearing loss allegedly caused by workplace exposure to high decibel noise and environmental remediation of rail yards and repair and maintenance facilities. Kansas City Southern Railway Co., et al. v. Stonewall Insurance Co., et al., First Judicial District, Caddo Parish, Louisiana, No. 467,975.
Handled litigation related to application of excess coverage for employee claims arising from various occupational diseases and liabilities allegedly related to hazardous waste at various rail yards and maintenance facilities. International Surplus Lines Insurance Company v. The Kansas City Southern Railway Company, No. 02CV21775, Circuit Court of Jackson County, Missouri.
Handled national management and oversight of the defense of thousands of asbestos, silica and mixed dust claims against a respirator manufacturer.
Defended property owners with respect to respiratory claims asserted by workers involved in the clean-up operations following the terrorist attacks on September 11, 2001. In re World Trade Center Litigation, United States District Court for the Southern District of New York.
Defended numerous actions involving alleged exposure to products in various industrial and residential settings, including product liability and design defect claims related to industrial solvents and chemicals, naptha, toluene, xylene, styrene, butadiene, butadiene-containing products, benzene and benzene-containing products.
Represented telecommunications company in federal breach of contract litigation arising from media placement agreements. Direct Response Media, Inc. v. PRIME TV, L.L.C., No. 03-6786, (E.D. Pa).
Defended floor tile manufacturer in litigation involving alleged property damage to municipal facilities arising from the installation of asbestos-containing floor tiles. Bay City School District, et al. v. Kentile Floors, 36th District Court, Detroit, Michigan.
Represented beverage manufacturer in connection with Lanham Act and unfair trade practices litigation related to spring water.
Counsel to reinsurer in litigation and arbitration matters involving accounting, finance and disclosure issues associated with insurance-backed financing for motion picture productions. Silicon Valley Bank v. AXA Re UK; New Hampshire Insurance Company; AIG Europe (UK) Limited; and Great Lakes Resinsurance (UK) PLC, United States District Court for the Central District of California, Western Division, Case No. CV-00-10611 RSWL (RCx); The Chase Manhattan Bank v. New Hampshire Insurance Company and AXA Corporate Solutions, Supreme Court of the State of New York, County of New York, Commercial Division, Index No. 600996/00.
Handled case of first impression regarding Daubert standards for admissibility of expert witness testimony in litigation involving claims of strict liability and negligence related to the design of construction equipment. Secured reversal of trial court rulings on Daubert issues and application of the risk utility test in the context of strict products liability under Pennsylvania law. Surace v. Caterpillar, Inc. and CMI Corporation, 111 F.3d 1039 (3d Cir. 1997).

Professional Activities

American Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association
New York Bar Association

Admissions

Pennsylvania
New York
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Southern District of New York

Education

Villanova University School of Law, J.D., 1993

St. Joseph's University, B.A., 1990

Experience

Duane Morris LLP
- Partner, 2006-present
Cozen O'Connor
- Member, 1998-2006
Anapol, Schwartz, Weiss and Cohan
- Associate, 1993-1998

Selected Publications

Co-author, "Business and Commercial Litigation in Federal Courts," Vol. I, Ch. 13, Issue and Claim Preclusion, (2d ed. 2005)

Selected Speaking Engagements

Panelist, "Charting Your Course: Career Alternatives for Lawyers, Part One: Alternatives Within the Practice of Law," Philadelphia Bar Association Committee on Women in the Profession, March 1999
Presenter, "Forum Selection and Venue Considerations in the 90's," American Trial Lawyers Association Mid-Winter Convention, February 1995