Sean K. Burke

Partner

  • Sean K. Burke
  • Phone: +1 202 776 5236
    Fax: +1 215 827 5491

    Sean K. Burke - LinkedIn Import to Address Book

  • Duane Morris LLP
    505 9th Street, N.W., Suite 1000
    Washington, DC 20004-2166
    USA

Sean K. Burke practices in the area of litigation.

Mr. Burke is a trial attorney representing clients nationally in complex products liability and commercial litigation matters.  He has tried cases before juries in both state and federal courts while also handling numerous mediations.  He regularly represents manufacturers of medical implant devices in product liability cases, including in consolidated multi-plaintiff matters in both federal court (MDL) and state courts in California, Illinois, and Tennessee.

He also represents clients in matters involving trade secret litigation, the breach of non-competition and other restrictive covenants, and commercial contract disputes. Mr. Burke also represents and counsels clients in the gaming industry, with a focus on the horse racing industry, in a broad range of matters involving state regulatory compliance, contract negotiations, and litigation.

He is admitted to practice in the District of Columbia, Pennsylvania and New Jersey as well as six different United States District Courts.  Prior to rejoining Duane Morris, Mr. Burke served as law clerk for the Honorable Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania. He is a 2007 magna cum laude graduate of Villanova University School of Law, where he was managing editor of special projects for the Villanova Law Review and elected to the Order of the Coif, and a cum laude graduate of Catholic University of America.

                                

Representative Matters

    Medical Device Litigation

  • Obtained a defense verdict following a two week jury trial for medical device manufacturer client facing claim that metal-on-metal hip implant products were unreasonably dangerous. Donald S. DeLine v. Wright Medical Technology, Inc., et al., No. 14SL-CC01443, Mo. Cir., St. Louis Co. (2016). Assisted in obtaining complete affirmance of verdict from the Missouri Court of Appeals, Eastern District, on issues including the exclusion of prior deposition testimony and a jury instruction given on the unavoidably unsafe doctrine.
  • Represents manufacturers of medical implant devices and biologics in hundreds of product liability cases nationwide, both in individual and consolidated proceedings.
  • Lead trial counsel defending medical device manufacturer against claims of product mislabeling and design defect in three week jury trial in state court in Seattle, Washington. Obtained defense verdict on ultimate issues of liability.
  • Horse Racing and Gaming Law

  • Represented horsemen association in negotiations with racetrack ownership over agreement to provide funding for backstretch improvements, which resulted in construction of new barns and other renovations.
  • Represented and assisted in obtaining a settlement for an injured thoroughbred racing jockey in claims against the race track where the injury occurred and against the manufacturer and distributor of an artificial racing surface.
  • Counsels clients in the gaming industry on regulatory, compliance, and marketing issues associated with development and launch of new products.
  • Commercial Litigation

  • Negotiated and obtained over twenty favorable settlements on behalf of office services client in defense of commercial litigation disputes initiated by customers and lending partners.
  • Obtained dismissal of $1 million claim filed by customer against office services client alleging claims of breach of contract, negligence, and fraud related to purchase of office equipment.
  • Assisted in bringing claims on behalf of food product manufacturer against vendor for breach of contract which resulted in favorable settlement.

Admissions

  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • District of Columbia Court of Appeals
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Texas

Education

  • Villanova University School of Law, J.D., magna cum laude, 2007
    - Managing Editor of Special Projects, Villanova Law Review
    - Order of the Coif
  • Catholic University of America, B.A., cum laude, 2004

Experience

  • Duane Morris LLP
    - Partner, 2017-present
    - Associate, 2009-2016; 2007-2008
  • U.S. District Court for the Eastern District of Pennsylvania
    - Law Clerk to the Hon. Joel H. Slomsky, 2008-2009

Honors and Awards

  • Listed in Washington, D.C. Rising Stars, 2015-2017
  • Recipient of the ALI-ABA Scholarship and Leadership award, given to the graduating student who the faculty feels has best demonstrated a combination of academic achievement and leadership in the law school community.
  • Listed in Pennsylvania Rising Stars, 2012 and 2013
  • Pennsylvania Rising Star, 2012

Professional Activities

  • Voting Member on ASTM International Committees for Additive Manufacturing (F42) and Medical Surgical Materials and Devices (F4)

Selected Publications

Selected Speaking Engagements

  • Speaker, “Law and Medical Devices: The Complex, Interdigitated, Essential and Evolving World” The Biomedical Engineering and Materials Roundtable of the National Academy of Sciences, Washington, D.C., March 25, 2019  

  • Speaker, "Drug and Med Cross-Examination 101," 23rd Annual Conference on Drug & Medical Device Litigation, New York City, November 28, 2018

  • Speaker, "Drug & Medical Litigation Boot Camp," American Conference Institute, The Bellevue Hotel, Philadelphia, PA, July 30, 2018