Shareholder

Bryan P. Werley

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Bryan P. Werley

Bryan P. Werley is a shareholder at Zarwin Baum, concentrating his practice on matters of particular importance as one of the firm’s leaders in its employment and professional liability practice areas. He specializes in complex litigation defending our clients in employment litigation, employment counseling, trucking, construction, mass transit, products, premises, and professional liability matters. Mr. Werley has gained extensive trial experience throughout his nearly 20 years of practicing law and has sat first chair in both state and federal courts in significant cases. He has represented Fortune 100 companies, closely held companies, and individuals.

Although Mr. Werley also handles a variety of high value general liability matters, he takes particular pride in being considered a “lawyer’s lawyer” representing and defending professionals, including lawyers, architects, and other professionals in matters involving allegations of professional liability. A focus of Mr. Werley’s practice has been the zealous and mindful defense of professionals across a spectrum of industries and fields.  On every matter, he takes pains and meticulous measures to understand his client’s areas of concentration and to prepare a defense mindful of the unique concerns they have when it comes to their professional practices.

Bryan lectures his fellow colleagues with respect to federal practice, having moderated a panel at the 2011 Federal Bench/Bar conference and presented a course, together with fellow attorneys and members of the judiciary, titled “My First Federal Jury Trial,” a primer CLE course designed to help younger lawyers prepare for their first trial. Bryan was selected to the Rising Star, a distinction given by Philadelphia Magazine to only the top 2.5% of lawyers under the age of forty.

In his practice, he defends his clients against claims for serious injuries and catastrophic loss in a wide range of industries. He defends employers and professional employer organizations in claims involving civil rights, discrimination, harassment, retaliation, and wrongful termination matters in state and federal courts and on appeal. He handles a variety of matters involving serious injury and death occurring in connection with transportation, trucking, construction, demolition, premises liability, and the use or misuse of consumer products. Although he values and tries to resolve cases early in their life, he is ever conscious that many cases will go to trial and prepares them accordingly.

Representative Matters

Zarwin Attorneys Secure Early Dismissal of Legal Malpractice Claim

Bryan Werley and team obtained dismissal of claims against an attorney for claims sounding in legal malpractice and fraud.  Ultimately, the claims were dismissed as baseless and procedurally deficient.   Defending professionals is particularly complex given the ramifications to their professional livelihoods, even where the allegations asserted against them are without merit. Here, Mr. Werley attacked the allegations from the outset, filing preliminary objections due to procedural deficiencies, and successfully argued to the Court that the claims had to be dismissed.  The claims were dismissed prior to discovery and with minimal impact upon the client’s practice.   From the initial assignment of the claim, Mr. Werley identified critical deficiencies with the claim and deployed multiple litigation tools for the dismissal.  In addition to attacking procedural deficiencies of the claims themselves, Mr. Werley challenged the propriety of the professional claims and demanded strict compliance with the affidavit of merit statute. Although dismissed early, this case should be a reminder that notwithstanding the difficulty of defending claims against professionals in Philadelphia, such cases can be defended and dismissed when counsel is proactive and determined.

Zarwin Baum Obtains 1% Liability Verdict in Historic Market Street Collapse Trial

Mr. Werley was lead trial counsel for Griffin Campbell in the historic civil trial arising from the tragic collapse of a four story building and destruction of the adjacent Salvation Army thrift store located in downtown Philadelphia during the summer of 2013. Suit was filed by customers, employees and the estates of customers and employees injured or killed inside the store during the morning hours of June 5, 2013. The trial commenced with jury selection in early September, 2016. The liability verdict in this case, which was bifurcated between liability and damages, was rendered during the waning days of January, 2017. It is believed this was the longest civil jury trial in the history of Philadelphia. Mr. Werley defended Campbell, the demolition contractor hired to perform the demolition of the four story structure which abutted the Salvation Army. Campbell was tried and convicted of six counts of involuntary manslaughter, causing a catastrophe and aggravated assault prior to the commencement of the civil trial. Also sued were the excavator operator, the building’s owners, and an architect that served as the owners’ representative on the project. The Salvation Army was also a named Defendant. Campbell’s liability was predetermined as a matter of law in light of the criminal convictions, but Werley defended Campbell vigorously at trial as there were still questions of whether Campbell acted extremely and outrageously and what percentage of fault should be assigned to Campbell during the apportionment phase of the jury’s deliberations. The jury determined that Campbell’s co-defendants were primarily liable, assessing him only 1% of the negligence. The case settled during the damages phase of trial.
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Court Admissions

New Jersey

Pennsylvania

United States District Court for the Eastern District of Pennsylvania

United States District Court for the Middle District of Pennsylvania

United States District Court for the District of New Jersey

Bar Admissions

New Jersey

Pennsylvania

United States District Court for the Eastern District of Pennsylvania

United States District Court for the Middle District of Pennsylvania

United States District Court for the District of New Jersey

Memberships

Professional Liability Defense Federation Lawyer’s Professional Liability Claims Committee

Education

Temple University School of Law, J.D.

American University, Law and Society, B.A.