Gardner M. Duvall

Gardner M. Duvall

PARTNER
gduvall@wtplaw.com
BALTIMORE
T: 410.347.9417
F: 410.223.4317



While he is best known for the defense of product liability cases, Gardner Duvall has substantial achievements in other practices as well. His work in business litigation has recovered nearly a quarter of a billion dollars for his clients. Gardner also has a substantial practice concerning fiduciary liability, especially in the field of estates and trusts. Gardner's appellate work has established new law, including Maryland’s stringent standards for imposing punitive damages. He also counsels clients in proactive steps to avoid liability in all of these realms.

Recognitions

  • Recognized in Chambers USA: America's Leading Lawyers for Business, published by Chambers and Partners
  • Listed in Best Lawyers in America: 2011 - present
  • Listed in Maryland Super Lawyers: 2012 - present
  • AV Peer Review Rated: Martindale-Hubbell
 

Memberships & Activities

  • Past President: Maryland Defense Counsel (2004-2005)
  • Member: Legislative Committee of Maryland Defense Counsel, Legislative Branch Liaison (2006-present); Chair (1999-2001)
  • Member: DRI The Voice of the Defense Bar; Chair, Legislation and Rules Committee, Center for Public Policy (2015-present)
  • Member: Maryland State Bar Association; Laws Committee and Civil Pattern Jury Instructions Committee
  • Member: Bar Association of Baltimore City
  • Creator and Coordinator: Baltimore BikeJam (2000 - Present)
  • Secretary: Lateral Stress Velo Club, Inc. (2000 - Present)
  • Best Lawyers Designation
  • Chambers and Partners Designation

Resources

Product Design, Manufacturing and Distribution/Product Safety Counseling

  • Represents manufacturers and importers regarding safe design and warnings, regulatory compliance, and product recalls.
 

Products Liability & Environmental Litigation

  • Represents manufacturers and sellers in product defect litigation, especially involving toxic exposure and mass liability claims.
 

Insurance Coverage & Defense Litigation

  • Litigates and arbitrates insurance coverage disputes concerning occurrence-based and claims made coverage, especially involving long tail losses.  Recoveries and settlements exceed $200 million.
 

Mass Tort and Class Action Litigation

  • Defends manufacturers and sellers in mass tort and class action litigation, including first-chair trial of a 10,000-case asbestos mass consolidation.  Provides litigation management services for mass and class action.  Prosecuted a class action claim in insurance coverage dispute.


Special Counsel Services

  • Litigates a variety of disputes in bankruptcy cases.  Successes include recovering $20 million in preference actions in In re Just for Feet, Inc., and more than $100 million in insurance recoveries and pending settlements.
 

Alternative Dispute Resolution

  • Numerous mediations, especially involving complex insurance coverage disputes, high-value personal injury claims, and estate and trusts litigation
 

Appellate Practice

Notable appeals include:

  • Owens-Illinois v. Zenobia, 325 Md. 420, 601 A.2d 633, 60 USLW 2620 (1992), establishing punitive damages standard and state-of-the-art as an element of strict products liability
  • Porter Hayden Company v. Bullinger, 350 Md. 452, 713 A.2d 962 (1998), determining various rules and procedures for settlement set-offs
  • Coleman v. Soccer Association of Columbia, (Maryland Court of Appeals 2013) retaining Maryland's contributory negligence defense
 

Estates & Trusts Litigation

  • Represents trustees, personal representatives or beneficiaries in litigation over fiduciary duty in the administration of estates and trusts
PRESENTATIONS & PUBLICATIONS

Concept and History of Maryland Punitive Damages Law, Maryland House of Delegates Workgroup (Baltimore, 2016)

Making an Impact on the Law through Lobbying, DRI Annual Meeting (Chicago, 2013)

Litigating Insurance Coverage Claims: From Start to Finish, National Business Institute (Baltimore, 2012)

Product Liability Simplified, American Conference of Independent Laboratories (Crystal City, Virginia, 2012)

Bad Faith 101, National Business Institute (Baltimore, 2011)

Preparing for the CPSC Searchable Database of Harmful Products, International Product Safety & Liability Prevention Association (Washington, DC, 2010)

Plaintiffs' Fault In Product Liability Cases: Why Are They Getting Away With It In Maryland, 30 University of Baltimore Law Review 255 (2001)

Chapter co-author, Appellate Practice for the Maryland Lawyer (MICPEL 2018, 2012, 2001, 1994)

ARTICLES

Strategic Anticipation of the CPSC's Searchable Database of Reports of Harm

The Consumer Product Safety Commission recently published notice of an intent to issue regulations concerning a searchable database of incident reports on consumer products. The CPSC has for several decades maintained an agency database similar in nature to the searchable database, but information from that agency database could only be released pursuant to the Freedom of Information procedure. The CPSC searchable database is a requirement of the bipartisan Consumer Protection Safety Improvement Act of 2008.


NEWS

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2019 list of leading firms and business lawyers.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”

Whiteford, Taylor & Preston is pleased to announce that 46 of its attorneys are listed among the 2012 Maryland Super Lawyers and Rising Stars.

The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.

Whiteford, Taylor & Preston Announces Management Changes

As it celebrates its 75th anniversary this year, Whiteford, Taylor & Preston LLP is delighted to announce its new leadership team.

Having completed four terms as Managing Partner, Albert J. Mezzanotte, Jr. will serve one more year as the Firm's Managing Partner and transition those duties to Martin T. Fletcher. Mr. Fletcher is a present member of the firm's Management Committee and after serving a one year term as Managing Partner Elect will then commence a three year term as Managing Partner.