Daniel J. Gerber
Dan Gerber represents clients in the areas of toxic tort, class actions, commercial litigation, product liability and governmental affairs. He handles complex cases in state and federal courts throughout the United States, having brought cases to successful resolution by trial or settlement in the federal and state courts of more than fifteen states.
Dan represents manufacturers of chemical products in claims alleging injury from chemical exposure. Included among his clients are national manufacturers of pharmaceuticals, dietary supplements, pesticides and industrial chemicals as well as pest control companies. His experience includes cases involving manufacturers, distributors and sellers of benzene, toluene, polyvinyl chloride, polyethylene, chlorpyrifos, petroleum products, chlorinated hydrocarbons, ammonia, and adhesives.
He has significant experience representing clients in class actions, consumer fraud, and civil racketeering claims. He handles complex commercial litigation cases including those arising from manufacturer-dealer relationships, contract disputes and construction related matters. In commercial litigation trials, Dan acts as lead counsel in cases in which the amount in controversy exceeds $10 million. He also defends manufacturers of a variety of products including surgical instruments, mattresses, medical devices and household appliances.
Government regulators are sometimes involved in issues involving his clients, so Dan represents clients before the Florida Attorney General and the Florida Commissioner of Agriculture and Consumer Services. He also represents clients before other governmental agencies at the local and statewide levels. He litigates statewide reapportionment matters under the Voting Rights Act and he also leads independent investigations on behalf of government agencies.
Dan was featured in the 2007 National Law Journal’s “Winning Section” in which ten top litigators were selected from a multitude of nominations from around the United States. Each attorney was selected by having at least one significant win–either a bench or jury verdict in the preceding 18 month period. Having a track record of significant victories over the last several years was also one of the criteria for being selected to “Winning.” In 2002, National Law Journal recognized Dan as one of the country’s top forty litigators under the age of forty.
In 2009 and 2016, Dan was nominated to serve as a justice on Florida’s Supreme Court by the Florida Supreme Court Judicial Nominating Commission. Although not selected to serve, Dan remains one of the few practicing attorneys nominated to Florida’s highest court.
Dan was also selected by former Attorney General Bill McCollum to serve as one of two private attorneys on the State of Florida Legal Advisory Panel in response to the BP oil spill. He has also been asked to testify before the Florida House of Representatives and the Florida Senate as a subject matter expert on various topics.
790 So. 2d 1158 (Fla. 5th DCA 2001)
Homeowners sued the client, a pest control company, for “ stigma” damages arising from the treatment of their home for termites although the damage to the home had been repaired by the pest control company. Appeal followed a $300,000 verdict for the Plaintiffs. The appellate court reversed the jury verdict finding that “stigma” damages were not recoverable and that damages were limited to repair and replacement or diminution of the home’s value. In post appellate motions, the client sought and won recovery of its attorneys fees from the Plaintiffs.
Hillsborough County jury rejected a $10 million claim for past and future termite damage repair costs. The jury found in favor of RK’s client, Orkin, on all counts. The Plaintiff also sought $30 million under the “Florida Civil Remedies Act,” and, through counsel, had announced an intention to seek $100 million in punitive damages.
- Pesticides and Pest Control
- Retail and Hospitality
- Florida Pest Management Association, Former General Counsel
- Federalist Society
- Florida Pest Control Association
- Florida Defense Lawyers Association
- Defense Research Institute
- Orange County Bar Association
- American Bar Association, Tort and Insurance Practice Section
- Federation of Defense and Corporate Counsel
University of Florida College of Law — J.D., 1988
- Trial Team Competition
- University of Florida Board of Masters
University of Florida — B.A., Political Science, 1985
- Florida Blue Key
- Omicron Delta Kappa
- Florida — 1988
- U.S. District Courts of Florida (Northern, Middle, Southern)
- U.S. Court of Appeals, 11th Circuit
- AV Rated by Martindale-Hubbell
- The Joseph P. Milton Award for Professionalism and Civility: Awarded by the American Board of Trial Advocates, 2016. This award is presented for conducting oneself “with professionalism, civility, and the highest degree of ethics, integrity, honor and courtesy.”
- Listed in Best Lawyers in America, Commercial Litigation, Personal Injury Litigation – Defendants, 2013-2021, Product Liability Litigation-Defendants, 2019-2020
- Listed in Florida Super Lawyers, Business Litigation, 2007-2018
- Listed in Florida Trend Legal Elite 2008, 2009, 2010, 2011, 2012, 2013
- Recipient, Florida Pest Management Association "President's Award" for outstanding service the FPMA and the industry
- Co-author, "Proposed Florida Legislation Sets Out to Curb COVID Litigation and Frivolous Claims, Protect Businesses," January 2021
- Panelist, "Food and Beverage Litigation: Recent Trends, Issues, and Challenges Explored!," The Knowledge Group, November 2020
- Panelist, "Expert Witnesses in Federal Court," Federal Bar Association-Orlando Chapter, October 2020
- Author, "Preventing Pesticide Illness Claims," Pest Control Technology Magazine, July 13, 2020
- Author, "INSIGHT: Florida Embraces Daubert Standard—Key Takeaways for Expert Testimony," Bloomberg Law, July 5, 2019
- Author, "Contract Tips for Navigating Attorney Fee Provisions," Pest Management Professional, May 2019
- Presenter, "Food Borne Illnesses: Product Liability," February 2018, CEU Institute
- Co-Author, "Missouri Appeals Court Vacates $72 Million Verdict for Lack of Personal Jurisdiction," October 2017
- Co-Author, "Mattress Makers Under Attack," BedTimes, The Business Journal for the Sleep Products Industry, July 2017 issue, International Sleep Products Association
- "Emerging Pre-emption Issues Today and Tomorrow," ABA Section of Litigation, Products Liability Committee, June 16, 2017
- Moderator, "Developments in Class Action Litigation," ABA 7th Annual Food & Supplements Workshop, June 13, 2017
- Moderator, "Direct and Cross-Examination of Expert Witnesses in Food Cases," ABA Fifth Annual Food & Supplements Workshop, June 2015
- "Functional Foods: Science is Ahead of the Law," ABA Section of Litigation, Products Liability News and Developments, April 7, 2014
- Selecting the Right Lawyers for the Company - Maximizing Value from Outside Counsel, — Moderator, 7th Annual Corporate Counsel Symposium, FDCC, September 2010
- Class Action Lawsuits — Lecturer — 2002 — e Sunshine Conference, sponsored by National Pest Management Association, Florida Pest Management Association, The Professional Law Care Association of America and the Florida Turf Grass Association
- Pest Management Association, Florida Pest Management Association, The Professional Law Care Association of America and the Florida Turf Grass Association — 2002
- How to Avoid Pesticide Exposure Lawsuits — Author — July 2001 — Pest Control Magazine
- Get an Annual Legal Audit — Author — April 2002 — Pest Control Magazine
- Fear Damages in Toxic Tort Actions — Author — August 2001 — For the Defense