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Rumberger, Kirk & Caldwell Professional AssociationPartner
Daniel J. Gerber
Pro

Daniel J. Gerber

5.0
1 review

300 South Orange Avenue, P.O. Box 1873, Orlando, FL 32801

Toxic Torts, Consumer Defense, Commercial Litigation and 6 more

About Daniel J. Gerber

Dan Gerber helps solve complex legal problems for businesses in many areas. He represents businesses and individuals who need efficient, cost-effective legal solutions in complex litigation, class actions, commercial litigation, product liability and governmental affairs.

He served as General Counsel for the Greater Orlando Aviation Authority from 2019 until 2025. In that role, he coordinated the activities of a team of more than fifteen lawyers to provide effective legal representation for the $1 billion entity which runs Orlando International Airport, the 7th busiest passenger airport in the United States, and Orlando Executive Airport. Dan was responsible for compliance with federal and state legal issues, including overseeing governance, capital programs, procurement, administration, contract development and review, public records, and human resources matters.

He also 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 the United States, having brought cases to successful resolution by trial or settlement in the federal and state courts of more than fifteen states.

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 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.

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.

Certifications

•AV Rated by Martindale-Hubbell

Awards & 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.”
•Best Lawyers 'Lawyer of the Year' for Product Liability Litigation- Defendants in Orlando by Best Lawyers in America 2025
•Listed in Best Lawyers in America, Commercial Litigation, Personal Injury Litigation - Defendants, Product Liability Litigation-Defendants, Mass Tort Litigation/Class Actions Defendants, 2013-2026
•Listed in Florida Super Lawyers, Business Litigation, 2007-2018, 2021-2023
•Listed in Florida Trend Legal Elite 2008-2013
•Recipient, Florida Pest Management Association 'President's Award' for outstanding service the FPMA and the industry

Articles & Presentations

•Co-author, 'Florida’s New Sixth District Court of Appeal Confirmed,' September 2022
•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

Dan's News and Insights

08.21.2025
Firm News

28 RumbergerKirk Attorneys Named to the 2026 edition of The Best Lawyers in America

Dan Gerber and Leonard Dietzen Named “Lawyer of the Year;”...

12.19.2024
Beyond the Bio

Mastering the Art of Negotiation: Insights from RumbergerKirk’s Associate College

During this month’s Associate College luncheon, Dan Gerber and Rebecca...

Photo: Shutterstock.com/Dusit

08.15.2024
Firm News

Best Lawyers in America 2025 Edition Recognizes 24 RumbergerKirk Attorneys

Two Named “Lawyer of the Year” and Two Named “Ones...

08.17.2023
Firm News

Best Lawyers in America Recognizes 24 RumbergerKirk Attorneys with Managing Partner Frank Sheppard Named Lawyer of the Year

ORLANDO, FL - August 17, 2023 - Best Lawyers has...

06.26.2023
Firm News

Seven RumbergerKirk Attorneys Listed in 2023 Florida Super Lawyers

Orlando, FL- June 26, 2023 - RumbergerKirk is pleased to...

02.09.2023
Firm News

RumbergerKirk Attorneys Receive the ‘Secretary’s Award for Excellence’ from the Florida Department of Corrections

The Florida Department of Corrections (FDC) awarded RumbergerKirk attorneys Dan...

09.09.2022
Appellate

Florida’s New Sixth District Court of Appeal Confirmed

Florida has not added a District Court of Appeal (DCA)...

Photo: Shutterstock/C.H. Galaxy

08.19.2022
Firm News

23 RumbergerKirk Attorneys Named to Best Lawyers in America 2023

Orlando, Fla., August 18, 2022 - RumbergerKirk is pleased to...

06.24.2022
Firm News

Seven RumbergerKirk Attorneys are Selected for the 2022 Florida Super Lawyers

Orlando, FL- June 24, 2022 - RumbergerKirk is pleased to...

08.19.2021
Firm News

Eighteen RumbergerKirk Attorneys Named to Best Lawyers in America 2022

ORLANDO - August 19, 2021 - RumbergerKirk is pleased to...

 

Daniel J. Gerber (Orlando, Florida) View website

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

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Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Daniel J. Gerber got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

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Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

Reviews for Daniel J. Gerber

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Services

Areas of Law

  • Toxic Torts
  • Commercial Litigation
  • Class Actions
  • Other 6
    • Consumer Defense
    • Government and Administrative
    • External General Counsel Services
    • Casualty Litigation
    • Pesticides and Pest Control
    • Retail and Hospitality

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Rumberger, Kirk & Caldwell Professional Association
  • Representative Cases & Transactions
    Cases
    Notable Cases: Orkin Exterminating Co., Inc. v. Delguidice: 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
    that damages were limited to repair
    replacement or diminution of the home's value. In post appellate motions, the client sought
    won recovery of its attorneys fees from the Plaintiffs.

    Lighthouse Bay, Ltd. v. Orkin: Hillsborough County jury rejected a $10 million claim for past
    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,
    , through counsel, had announced an intention to seek $100 million in punitive damages.

Experience

  • Bar Admission & Memberships
    Admissions
    1988, Florida
    U.S. District Courts of Florida (Northern, Middle, Southern)
    U.S. Court of Appeals, 11th Circuit
    Memberships

    Professional

    • 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

  • Education & Certifications
    Law School
    University of Florida, College of Law
    Class of 1988
    J.D.
    Trial Team Competition, University of Florida Board of Masters
    Other Education
    University of Florida
    Class of 1985
    B.A.
    Political Science, Florida Blue Key, Omicron Delta Kappa

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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Daniel J. Gerber was admitted in 1988 to the State of Florida.
  • Is this attorney admitted to practice in any U.S. Federal Courts?
    Daniel J. Gerber is admitted to practice before the United States Court of Appeals for the Eleventh Circuit.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Daniel J. Gerber has a 5.0 Peer Rating from Martindale-Hubbell.
  • What year was this attorney's law firm established?
    Rumberger, Kirk & Caldwell Professional Association was established in 1978.

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