Kathleen Warin is a litigator specializing in the defense of complex civil litigation. She is experienced in handling high-profile product liability cases in state and federal courts nationwide, including mass torts in consolidated and multidistrict litigation (MDL).

Kathleen has successfully defended cases to verdict in civil jury trials in numerous jurisdictions. In addition, she has successfully handled appeals in various federal and state courts. She has extensive experience defending physicians and health care entities, including hospitals, in professional liability litigation. Kathleen has also represented a securities broker-dealer self-regulatory organization in pattern litigation.  

Kathleen is the regional managing partner for the firm’s Washington, D.C. office. She is cochair of the firm’s national Product Liability, Prevention & Government Compliance Practice and the Life Sciences Practice.

Areas of Focus

Life Sciences
As the cochair of the firm's Life Sciences Practice, Kathleen has served as national coordinating counsel for medical device companies in cases nationwide. She has effectively managed pharmaceutical and medical device cases in numerous state and federal jurisdictions involving MDLs, consolidated litigation, and individual cases. Kathleen also has served as national monitoring counsel for excess insurers, including international insurers, in life sciences litigation, including pharmaceutical and medical device cases pending in MDLs and individual suits in the United States.

Product Liability
Kathleen is a cochair of the firm’s national Product Liability, Prevention & Government Compliance Practice. She has represented domestic and international manufacturers and distributors in nationwide product liability litigation in state and federal courts.

Professional Liability
Kathleen has defended health care providers in jury trials, as well as handled litigation in numerous jurisdictions involving the fields of vascular surgery, cardio-thoracic surgery, neurology, obstetrics, gynecology, orthopedics, gastroenterology, anesthesia, internal medicine, nephrology, emergency medicine, cosmetic surgery, pediatrics, and psychiatry. She also has represented paramedics and nurses in complex medical negligence cases. In addition, Kathleen has defended claims against health care providers brought under local consumer protection statutes. She also represents attorneys in professional negligence cases.

Commercial Litigation and Securities
Kathleen’s commercial liability practice includes representing a self-regulatory organization in cases related to securities broker-dealer compliance and expungement in federal and state jurisdictions at the trial court and appellate levels. In addition, Kathleen successfully defended class action suits alleging misappropriation of federal benefits and claims arising under federal statutes such as RICO and the Defense Base Act, as well as other commercial tort claims.

Appellate
Kathleen has successfully briefed and argued cases in state and federal appellate courts in various jurisdictions.

    Education

    • The George Washington University Law School (J.D., 2004)
    • University of Notre Dame (B.A., 2000)

    Bar Admissions

    • District of Columbia
    • Virginia
    • Maryland

    Court Admissions

    • U.S. Court of Appeals, District of Columbia Circuit
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. Court of Appeals, Fourth Circuit
    • U.S. District Court, District of Columbia
    • U.S. District Court, District of Maryland

    Awards & Honors

    • Washington, DC’s Top Lawyers in Civil Defense, Washingtonian Magazine, 2021
    • Selected for inclusion in Washington DC Super Lawyers Rising Stars, 2014

Kathleen H. Warin

Kathleen Warin is a litigator specializing in the defense of complex civil litigation. She is experienced in handling high-profile product liability cases in state and federal courts nationwide, including mass torts in consolidated and multidistrict litigation (MDL).

Kathleen has successfully defended cases to verdict in civil jury trials in numerous jurisdictions. In addition, she has successfully handled appeals in various federal and state courts. She has extensive experience defending physicians and health care entities, including hospitals, in professional liability litigation. Kathleen has also represented a securities broker-dealer self-regulatory organization in pattern litigation.  

Kathleen is the regional managing partner for the firm’s Washington, D.C. office. She is cochair of the firm’s national Product Liability, Prevention & Government Compliance Practice and the Life Sciences Practice.

Events

Kathleen Warin is a litigator specializing in the defense of complex civil litigation. She is experienced in handling high-profile product liability cases in state and federal courts nationwide, including mass torts in consolidated and multidistrict litigation (MDL).

Kathleen has successfully defended cases to verdict in civil jury trials in numerous jurisdictions. In addition, she has successfully handled appeals in various federal and state courts. She has extensive experience defending physicians and health care entities, including hospitals, in professional liability litigation. Kathleen has also represented a securities broker-dealer self-regulatory organization in pattern litigation.  

Kathleen is the regional managing partner for the firm’s Washington, D.C. office. She is cochair of the firm’s national Product Liability, Prevention & Government Compliance Practice and the Life Sciences Practice.

Kathleen H. Warin

Duffy and Warin Secure Appellate Victory for FINRA in per Curiam Decision

Washington, D.C. partners Ryan Duffy and Kathleen Warin secured an appellate victory on behalf of the Financial Industry Regulatory Authority (FINRA) after obtaining dismissal of the plaintiff’s claims in federal district court. The plaintiff brought a number of claims against FINRA, including defamation related to a prior arbitration held in FINRA’s arbitration forum. After years of motions practice in the United States District Court for the District of Columbia, the court granted FINRA’s motion to dismiss, found the plaintiff’s claims were barred by the statute of limitations and arbitral immunity, and denied the plaintiff’s requests for leave to further amend the complaint. The plaintiff appealed to the United States Court of Appeals for the District of Columbia Circuit, where the Wilson Elser team obtained summary affirmance in a per curiam decision. The D.C. Circuit found that the district court properly concluded that the statute of limitations barred the claims at issue and that the plaintiff-appellant failed to plausibly allege any exceptions to avoid application of the statute of limitations. This led the D.C. Circuit to grant FINRA’s motion for summary affirmance.

Ryan M. Duffy and Kathleen H. Warin

Duffy, Warin, and Lefko Obtain Summary Judgment for FINRA

Washington, D.C. partners Ryan Duffy and Kathleen Warin and associate Nate Lefko obtained summary judgment in the District of Columbia Superior Court on behalf of the Financial Industry Regulatory Authority (FINRA). The plaintiff sought to expunge decades-old customer complaints from his registration records and requested wide-ranging equitable relief, including equitable expungement, declaratory judgment, and a permanent injunction. The Wilson Elser team successfully demonstrated that the doctrine of laches barred all the plaintiff’s claims. In granting summary judgment, the Superior Court found that the plaintiff delayed in bringing his claims and material evidence had been lost, which resulted in prejudice to FINRA.  

Ryan M. Duffy, Kathleen H. Warin and Nathan Lefko

Duffy and Warin Secure Precedent-Setting Decision on Appeal for FINRA

Washington, D.C. partners Ryan Duffy and Kathleen Warin obtained a precedent-setting decision in the District of Columbia Court of Appeals on behalf of the Financial Industry Regulatory Authority (FINRA). The case involved the plaintiff’s attempt to remove information from her registration records, which are maintained by FINRA under the Securities Exchange Act of 1934. The plaintiff asserted claims for equitable expungement, declaratory judgment and a permanent injunction. The District of Columbia Superior Court dismissed the plaintiff’s claims based on collateral estoppel. On appeal, the parties engaged in several rounds of briefings after oral argument related to numerous complex issues raised by the plaintiff-appellant’s claims. Ultimately, the Court of Appeals found the Superior Court lacked subject-matter jurisdiction because the claims at issue arose under federal law and were within the exclusive jurisdiction of the federal district courts. Importantly, the court also concluded that the plaintiff-appellant’s equitable claims alleged remedies rather than proper causes of action under District of Columbia law. As a result, the Court of Appeals affirmed the dismissal of the plaintiff’s claims in favor of FINRA. This hard-fought decision provides significant precedential guidance under District of Columbia law and will have a substantial impact on many other equitable expungement claims filed in the District of Columbia.

Kathleen H. Warin and Ryan M. Duffy

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