Daniel J. Gerber

Dan Gerber represents clients in the areas of toxic tort, class actions, commercial litigation, product liability and governmental affairs. Dan handles complex cases in state and federal courts throughout Florida and the United States. He has brought cases to successful resolution by trial or settlement in the federal and state courts of more than fifteen states.

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 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.

In 2002, National Law Journal recognized Dan as one of the country’s top forty litigators under the age of forty.  Florida Trend magazine has also recognized Dan as one of “Florida’s Legal Elite.” 

In his toxic tort and mass tort practice, 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.    Dan's experience includes cases involving manufacturers, distributors and sellers of benzene, toluene, polyvinyl chloride, polyethylene, chlorpyrifos, petroleum products, chlorinated hydrocarbons, ammonia, and adhesives.

Representing clients in commercial litigation matters comprises another aspect of Dan’s practice. He represents 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.

Government regulators are sometimes involved in issues involving his clients.  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. Dan litigates statewide reapportionment matters under the Voting Rights Act and he also leads independent investigations on behalf of government agencies.

Representing clients in product liability claims is part of Dan’s practice. He defends manufacturers of a variety of products including surgical instruments and medical devices and household appliances. 

Dan was 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.

  • Education

    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
  • Honors

    • 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, 2013-2020, 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 (2007)
  • Bar Admissions

    • Florida (1988)
  • Court Admissions

    • U.S. District Courts of Florida (Northern, Middle, Southern)
    • U.S. Court of Appeals, 11th Circuit
  • Notable Cases

    • Orkin Exterminating Co., Inc. v. Delguidice  >>
    • Lighthouse Bay, Ltd. v. Orkin  >>
  • Professional & Civic Activities

    • 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
    • The Florida Bar, Committee on Professionalism
    • Federation of Defense and Corporate Counsel
  • Articles & Presentations

    • 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
      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
    • How to Avoid Pesticide Exposure Lawsuits, Author
      Pest Control Magazine
    • Get an Annual Legal Audit, Author
      Pest Control Magazine
    • Fear Damages in Toxic Tort Actions, Author
      For the Defense
  • Ratings and Certifications

    • AV Rated by Martindale-Hubbell


  • Florida


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