Litigation
 
 
 
Tony Whitman handles disputes resolution, complex civil litigation, admiralty and construction law.  

    

M. Hamilton Whitman, Jr.
Principal
  mhwhitman@ober.com
410-347-7354
443-263-7554 fax
Contact Tony WhitmanDownload vCard
 
  Experience  

Tony is chair of Ober|Kaler's Disputes Resolution Section and co-chair of the firm's Complex Civil Litigation Practice Group. He provides business advice and dispute resolution services in three primary areas: admiralty and maritime matters, construction law and civil litigation. He is a Fellow of the American College of Trial Lawyers.

Tony represents admiralty clients in casualty matters such as collisions, allisions, groundings, capsizings, mechanical breakdowns and pollution incidents, as well as in commercial matters such as shipbuilding and repair, vessel financings, charter party disputes, maritime lien claims and ship mortgage foreclosures. Tony handles personal injury and cargo damage cases, and he is experienced in insurance coverage disputes in maritime matters. Early in his career, he was seconded by the firm to the London office of the managers of a major P and I Club, where he worked in claims handling and dealt with Club members and correspondents world-wide.

Tony handles a broad scope of construction law matters, including contract negotiation, counseling and drafting, as well as litigation, arbitration and alternative dispute resolution efforts. His areas of experience include power generation and cogeneration facilities, power transmission and distribution facilities, hospitals and related health-care facilities, industrial and commercial buildings, hotels and related hospitality facilities, shipbuilding and repair, marine terminal facilities, dredging projects, and land based and submarine telecommunications projects.

Tony’s general civil litigation practice encompasses business litigation and creditors' rights matters, as well as insurance defense and coverage issues. He represents banks and other financial institutions on creditors' rights and lender liability issues and is experienced in the enforcement of loan and lease documents, collection on troubled loans and defense of borrowers' counterclaims. Tony has experience in multi-district litigation and in coordinating matters pending in foreign countries.

Tony is experienced in arbitrations under the rules of the American Arbitration Association, the International Chamber of Commerce, JAMS/Endispute, the Society of Maritime Arbitrators and the Maritime Arbitration Association of the United States. He has successfully represented clients in other ADR forums, such as mediation and mini-trials, and he has served as an arbitrator in cases under the AAA, SMA and MAA rules. He is a member of the National Advisory Board of the Maritime Arbitration Association of the United States.

 
 
    Representative Cases

Representation of a major regional bank in multidistrict litigation pending simultaneously in six courts across the country

Representation of U.S. ship owner in successful arbitration against Singapore shipbuilder for vessel construction defects

Successful prosecution of six-month long construction case jury trial in the United States District Court of the District of Delaware

Representation of employer in defense of Jones Act lawsuit brought for death of worker on board French-flag cable laying vessel

Representation of general contractor in connection with contracting for and construction of high technology office building

Representation of vessel owner/employer in defense of Jones Act death claim alleging death by hyperthermia

Representation of marine contracting company in connection with claims for defective design and construction of chemical pier facility

Representation of vessel owners in connection with business matters including construction and repair contracts, employment issues, terminal and pier usage, and regulatory matters

Representation of owner of oceanographic research vessel in defense of alleged Jones Act injury claim and related matters arising under the U.S. Oceanographic Research Vessels Act

Representation of vessel owners in claims for damage to and destruction of marine terminal container cranes and other terminal facilities

Representation of dredging company sued for death of small boat operator arising out of construction of dredge spoil containment area

Representation of underwriters and vessel owners in disputes over insurance coverage

Representation of go-cart track operator against claim for injury to minor child passenger in go-cart

Representation of owner and underwriters of cargo vessel in connection with claims arising out of spillage of hazardous and toxic materials

Representation of owner-developers of cogeneration facilities in connection with construction disputes in design/build context and in disputes arising over operation and maintenance contracts

Representation of carriers in FMC proceedings involving reasonableness of tariffs and involving filed rate doctrine

Representation of owner-developer in connection with construction of medical waste incineration facility

Representation of architects in actions to collect amounts owed by owners on various commercial construction projects and in defense of counterclaims for professional malpractice

Representation of owner of major industrial building in Baltimore in connection with large-scale rehabilitation project

Representation of general contractor in connection with construction contracts and contract disputes arising out of construction of new, state-of-the-art hospitals

Representation of underwriters for design-build contractor of international submarine cable fiber-optic telecommunication system

Representation of American subsidiary of Italian construction firm on disputes arising out of erection of cable-stayed highway bridge

Representation of owner of telecommunications facility in defense of wrongful death claim arising out of electrocution of subcontractor's employee

Representation of owner of bridge construction segments lost over the side of a barge, in connection with government claims of creating an obstruction to navigation and discharging pollutant without a permit.

Representation of regional and local banks in connection with recoveries on large real estate based loans, including success on the banks' claims and on the borrowers' defenses and lender liability counterclaims at both trial and appellate levels

Representation of banks and leasing companies in disputes arising out of transactions involving industrial machines, commercial aircraft, motor vehicles, and other assets

Representation of national bank in connection with successful defense of securities fraud and RICO claims asserted by government contractor borrower

Representation of a Maryland commercial bank in connection with claims under the Perishable Agricultural Commodities Act, and successful defense of trust claims asserted by purported PACA creditors

Representation of international and domestic banks and leasing companies in connection with preferred ship mortgage foreclosures on vessels located in New York, Maryland, Virginia, the District of Columbia and various Caribbean and European locations

Representation of a major regional bank in restructuring loan obligations of the American subsidiary of a Japanese poultry and egg producer Representation of vessel owner in connection with general average arising out of failure of ship's rudder

 
 
    Admitted

Court of Appeals of Maryland

United States Courts of Appeal for the Third and Fourth Circuits

United States Court of International Trade

United States District Court for the District of Maryland

United States Supreme Court

 
 
  Education

University of Virginia School of Law, J.D., 1976

Princeton University, A.B., with honors, 1969

 
 
   Professional & Community

American Bar Association

Forum on the Construction Industry
Section on Litigation

American College of Trial Lawyers

Fellow

Baltimore Maritime Museum

Advisory Board Chair

Bar Association of Baltimore City

Maryland State Bar Association

Section on Litigation

Fourth Circuit Judicial Conference

Permanent Member

Living Classrooms Foundation

Board of Trustees

Maritime Arbitration Association of the United States

National Advisory Board

Maritime Law Association of the United States

Past Member of Board of Directors
Committee on Regulation of Vessel Operations
Committee on Practice and Procedure

Propeller Club of the United States, Port of Baltimore

Past Treasurer

Roland Park Community Foundation

Past Board Member

St. David's Episcopal Church in Roland Park

Past Vestry Member

Wednesday Law Club

 
 
   Honoraries

Listed in Expert Guides to the Leading Lawyers — Best of the Best USA 2007, shipping category

Listed in Maryland Super Lawyers for General Litigation, 2007; and for Transportation/Maritime, 2008

Listed since 1989 in The Best Lawyers in America (Woodward/White, Inc.)

 
 
   Publications & Presentations

Author, "Settling Construction Cases," Construction Litigation: Strategies and Techniques (Wiley Law Publications, 1989), B. Bramble and A. Phillips, Eds.

Co-author, "Fifteen Years Under Reliable Transfer: 1975-1990, Developments in American Maritime Law in Light of the Rule of Comparative Fault," The Journal of Maritime Law and Commerce, 1991

Lectures on various topics in commercial, construction and admiralty law

 
 
   Professional Background

Lieutenant, U.S.N.R.; qualified in submarines

 
 
   Favorite Quote

"If you only tell the truth, you don't need to have a good memory."