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.
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
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
Notable appeals include:
Owens-Illinois v. Zenobia, 325 Md. 420, 601 A.2d 633, 60 USLW 2620 (1992)Porter Hayden Company v. Bullinger, 350 Md. 452, 713 A.2d 962 (1998)In Re: Joint Eastern and Southern District Asbestos Litig., 929 F. Supp. 1 (E.&S.D.N.Y. 1996)Coleman v. Soccer Association of Columbia, pending decision in Maryland's Court of Appeals, concerning whether to retain 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
Past President: Maryland Defense Counsel (2004-2005)Member: Legislative Committee of Maryland Defense Counsel, Legislative Branch Liaison (2006-present); Chair (1999-2001)
Member: Defense Research Institute Member: Maryland State Bar Association Member: Bar Association of Baltimore City
Creator and Coordinator: Baltimore BikeJam (2000 - Present)Secretary: Lateral Stress Velo Club, Inc. (2000 - Present)
Listed in Best Lawyers in America, 2011-2012 AV Peer Review Rated: Martindale-Hubbell
Owens-Illinois, Inc. v. Zenobia —
This case changed Maryland law, establishing an "actual malice" standard for punitive damages in Maryland. It also instituted clear and convincing evidence as the standard of proof for punitive damages.