J. Scott Kramer maintains an active trial practice in the areas of commercial litigation, copyright and trademark litigation and securities litigation, product liability and healthcare related litigation. Mr. Kramer has conducted more than 40 civil jury trials and has represented clients before AAA, NASD Regulation, Inc., New York Stock Exchange, American Institute of Architects, The Securities and Exchange Commission, a variety of professional association forums and in the state and federal courts of Pennsylvania, New Jersey, New York and Maryland.

He is a member of the American Bar Association, the Civil Litigation, Corporation, Banking and Business Law and Securities Law sections of the Pennsylvania Bar Association and was a co-chair of the Medico-Legal Committee of the Philadelphia Bar Association.

Admitted to practice in Pennsylvania and New Jersey, Mr. Kramer is a 1980 graduate of Temple University School of Law and a graduate of the College of William and Mary.

Representative Matters

Intellectual Property/Commercial Litigation

Morelli v. Tiffany & Co., 200 F. Supp.2d 482 (EDPA 2002). Obtained jury verdict in defense of a $45 million dollar copyright infringement challenge to Tiffany & Co.'s Etoile collection.
T.A. Title v. Thomas Havey LLP. Professional liability defense of national accounting firm's work for a national title insurance company. (2002, ongoing)
Keystone v. American Mining Insurance Co., 179 F.Supp2d 432(MDPA 2002). Major decision for the insurance industry on construction of CGL policies, pending before the 3rd Circuit.
Hutchinson, et al. v. Medical Inter-Insurance Exchange of New Jersey, Superior Court of New Jersey Atlantic County Docket No. ATL-L-003250-93. Seven figure recovery in bad faith action prosecuted on behalf of assignor physicians subjected to excess judgment in medical malpractice action.
Manufacturers' Services Athlone Ltd. v. Merit Industries, in the United States District Court for the Eastern District of Pennsylvania, NO: 00-CV-1661 - represented an Irish computer company in commercial dispute arising from transaction for a customized motherboard.

Securities Litigation

In Re: PathoGenesis Corp. - LA - 1862 (2001). Represented clients through SEC investigation of alleged insider trading.
NASD Examination No. E91990772, Philadelphia Office, 2002. Regulatory investigation of New England Securities Brokers regarding variable life insurance -- products and practices.
Bork v. Dean Witter Reynolds, 1991 U.S.Dist. LEXIS 11907 (E.D.Pa. 1991) District Court affirmed largest punitive damage award in history of Philadelphia Stock Exchange arbitration on churning and suitability claim.
Grabner, et al. v. Rose Securities, et al., NASD No. 95-00846. Obtained large arbitration award for defrauded investors and pierced corporate veil to obtain collectable recovery against principals of defunct brokerage firm.
Summit Bank v. BHC Securities, Inc. and FISERV Investor Services, Inc. - Civil Action No. 00-cv-246 (U.S.D.C. EDPA). Successfully settled contract dispute concerning clearing operations for bank-owned broker dealer.

Class Actions/Mass Tort Litigation

Tobacco Litigation - Commonwealth of Pennsylvania, et al. v. Phillip Morris, et al., CCP Philadelphia County, April Term, 1997 No. 2443. Served as a member of the Duane Morris trial team that worked at the direction of Attorney General Mike Fisher in obtaining the historic settlement with the Tobacco Industry. Pennsylvania will recover over $11 billion over the 25 year course of settlement payouts, in addition to the marketing and other health -related concessions by the Industry as part of the settlement package.
L-Tryptophan Litigation - member of Duane Morris Regional Counsel team that defended Japanese Manufacturer, Showa Denko.
Maertin, et al. v. Armstrong World Industries, Inc. v. Monsanto, 2000 U.S. Dist. LEXIS 5857 (2000). Defense of class action, toxic tort claim.
In re: GEMS Landfill - Superior Court of New Jersey, Camden County Docket No. L-068199-85. Defense of multi-defendant environmental class action regarding NJ SuperFund site.

Catastrophic Personal Injury Litigation

Hutchinson v. Dearden, et al. - 314 N.J. Super. 468 (App. Div. 1998) Multimillion dollar plaintiff's judgment in obstetrical malpractice claim; the appellate decision affirming the judgment established a landmark rule of evidence for professional liability actions in NJ.
McCall v. D'Amico, M.D., et al. - in the Circuit Court of Maryland for Baltimore City, Case No.: 97160001/CC3052. Settlement of cervical cancer medical malpractice claim against national pap smear laboratory.
Kubiak et a. v. Krane, M.D., et al. - Superior Court of New Jersey Gloucester County - Law Division, Docket No. L-562-96. Substantial settlement following one week trial of medical malpractice claim alleging failed mammography reading led to breast cancer patient's demise.
Raynor, et al. v. Raynor - Represented Estates in double fatality, "roll-over" motor vehicle accident involving Ford Explorer and Firestone tires. (2001)

Professional Activities

American Bar Association
Pennsylvania Bar Association
- Corporation, Banking and Business Law Section
- Civil Litigation Section
- Securities Law Section
Philadelphia Bar Association
- Medico-Legal Committee
-- Co-chair, 2003
-- Former Chairman
Philadelphia Association of Defense Counsel
- Executive Committee Member, 1995-1997
Defense Research Institute
Philadelphia Court of Common Pleas
- Medical Malpractice Task Force
- Board of Editors, Products Liability Law and Strategy

Admissions

Pennsylvania
New Jersey
United States District Court for the Eastern District of Pennsylvania
Supreme Court of Pennsylvania

Education

Temple University School of Law, J.D., 1980

Experience

Duane Morris LLP
- Partner, 1988-present
- Associate, 1980-1987

Board Memberships

Board Member, Bucks County Association for Retarded Citizens

Honors and Awards

Listed in Chambers USA: America's Leading Business Lawyers, 2005-2008 editions

Selected Publications

Co-Author, "Trends; Emerging Judicial Concern Over Multiple Punitive Damage Awards in Asbestos Litigation," Product Liability Law & Strategy, January 2003
Co-Author, "Tiffany & Company Prevails in $45m Infringement Suit". Copyright World, June/July 2002, Issue 121.
Co-Author, "Apologies from Competitors: Injunction Requires Rivals to Undo Harm," Product Liability Law & Strategy Newsletter, January 2002
Co-Author, "The Use of Animal Studies as Causation Evidence in Failure-to-Warn Cases," Leader Publications Product Liability Law & Strategy, December 2000
Co-Author, "Product Manufacturers Fight Advertising Puffery in the Courts," Leader Publications Product Liability Law & Strategy, May 2000
Co-Author, "No Duty to Nonpatient Family Members of Therapist's Treatment of Patient," Medical Malpractice Law & Strategy, March 1999
Co-Author, "3d Cir. Permits Claim to Hurdle Preemption, Causation Obstacles," Leader's Product Liability Law & Strategy, February 1999
Co-Author, "MD Charged With Fraud For Failing to Disclose Drug Use Before Operating," Medical Malpractice Law & Strategy, December 1998
Co-Author, "Failure to Advise Parent He Carries Sickle Cell Gene Is Cause for Action," Medical Malpractice Law & Strategy, April 1998.
Co-Author, "Failure to Warn: A Changing Duty to Sophisticated Users," Leader's Product Liability Law & Strategy, October 1997
Co-Author, "Controlling Person Liability," Securities Arbitration 1997--Arbitration Comes of Age Course Handbook, July 16, 1997
Co-Author, "Verdicts and Settlements," monthly column in Medical Malpractice Law & Strategy
Member of the Editorial Board and Contributor to Products Liability Law & Strategy
Co-Author, "Aggressive Lawyering: Arguing Social Policy Bolsters Defense Case," Medical Malpractice "Law and Strategy," Volume VII, Number 5, March 1990.

Selected Speaking Engagements

Co-speaker, Healthcare Financial Management Association, Philadelphia chapter conference, Philadelphia, Pennsylvania, December 12, 2006
Speaker, "Pennsylvania Tort Reform and Economic Damages Proofs At Trial," Annual Pennsylvania Trial Lawyers Association Conference, July 2004
Co-presenter, "Protecting Jewelry Designs Through Copyrights, Trade Dress and Design Patents," Great Minds of Jewelry Education seminar, New York City, March 2004
Presenter, "Fundamental of Healthcare," Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, August 20, 2003
Presenter, "Pennsylvania Tort Reform - Act 13," audio educational program sponsored by The Hospital and Healthsystem Association of Pennsylvania, Philadelphia, Pennsylvania, May 16, 2002
Speaker, "Legal Exposure for the Concrete Producer," the Annual Mid-Atlantic Forum, Atlantic City, New Jersey, February 20, 2001
Speaker, "Independent Contractor Liability, Indemnity Agreements and Handling Arbitration Proceedings," the Annual Forum of the New Jersey Concrete and Aggregate Producers Association, Atlantic City, New Jersey, February 29, 2000
Presenter, "Handling Claims and Litigation on Experimental Treatments," telephone seminar, HMO Alliance, Philadelphia, Pennsylvania, October 3, 1997
"Practicing Law Institute Conference," "Securities Arbitration 1997-Arbitration Comes of Age," New York, New York, July 16, 1997
Speaker, "Securities Arbitration 1997--Arbitration Comes of Age," Practicing Law Institute Conference, New York, New York, July 16, 1997
Instructor, "Ethical Issues of Ex Parte Communications," Philadelphia Bar Education Foundation, April 1993
Speaker, "Advanced Issues in Medical Malpractice," Pennsylvania Bar Institute, Pittsburgh and Philadelphia, Pennsylvania, May 1990
Speaker, "The So-What Defense," Defense Research Institute, Ritz-Carlton, Atlanta, GA, March 1989
Speaker, "Corporate Liability," Lehigh Valley Association of Risk Managers, Lehigh Valley Medical Center, October 1988