Leah Gerbitz practices in the area of civil litigation with an emphasis on healthcare, data security and products liability. She manages diverse complex litigation matters, and she has tried multiple cases to verdict in state and federal courts. The matters she has handled include False Claims Act, fraud and abuse, HIPAA/HITECH, healthcare credentialing/peer review, healthcare risk management and general liability, data security and privacy, data breach response, product liability/mass tort defense, construction litigation, business litigation and personal injury.
- Represents consumer product company in defense of multi-state product liability litigation regarding talc.
- Represented national skilled nursing facility provider in defense of False Claims Act qui tam litigation.
- Obtained $7.2 million jury verdict for Plaintiff who sustained spinal cord injury from participating in fraternity sponsored slip-n-slide recruitment event.
- Represented behavioral health provider in defense of False Claims Act qui tam litigation; successfully resolved civilly with 5 year CIA.
- Extensive work with healthcare providers, health insurance companies, and medical staff leaders regarding credentials and privileges, peer review matters, due process hearings and related litigation.
- Represented health insurance company with regard to significant data breach involving protected health information.
- Part of team that represented an international construction specialized service organization defending claims regarding construction services that were part of a billion dollar utility service upgrade project.
- Represented a publicly-traded consumer products company as part of a team defending hundreds of pharmaceutical products liability cases filed in multiple state and federal jurisdictions, including two multi-district litigations In Re Phenylpropanolamine ("PPA") Products Liability Litigation, MDL No. 1407 (W. D. Wa.); In Re: Ephedra Litigation, MDL No. 1598 (S.D.N.Y.).
- Represented infant food product manufacturer in defense of product liability action alleging product contamination.
- Represented consumer product company in various consumer class action claims in multiple jurisdictions alleging false advertising, misrepresentation and breach of warranty.
- Successfully represented a large public hospital in a case involving credentialing actions against a disruptive physician, obtaining summary judgment on civil rights allegations and claims subject to the Health Care Quality Improvement Act.
- Represented a regional hospital in multiple medical malpractice claims and provided advice regarding risk management, HIPAA and credentialing issues.
- Represented one of the nation's largest chemical manufacturers as part of a team defending claims regarding construction and function of a CO2 conversion facility.
- Sulphuric Acid Trading Co., Inc. v. Greenwich Ins. Co., 211 S. W. 3d 243 (Tenn. Ct. App. 2006).
- In Re: Adoption of Downey v. Downey, 2003 WL 2010753 (Tenn. Ct. App.).
- City of Chattanooga v. Bellsouth Telecommunications et. al., 1 F. Supp. 2d 809 (E. D. Tenn. 1999); 2000 WL 122199 (Tenn. Ct. App. 2000).
- J.D., University of Tennessee College of Law, 1994
- B.S., Vanderbilt University, 1991
- The Best Lawyers in America© - Mass Tort Litigation/Class Actions-Defendants; Product Liability Litigation–Defendants, since 2011
- Best Lawyers® "Lawyer of the Year" – Product Liability Litigation – Defendants, 2015
- Mid-South Super Lawyers® 2013-2014
- Martindale-Hubbell® - AV® Peer Review Rated
- American Bar Association, Section of Litigation, Committee on Corporate Counsel - Newsletter Editor
- American Health Lawyers Association
- American Inns of Court Justices Brock and Cooper
- Chattanooga Bar Association
- Federal Bar Association, Chattanooga Chapter
- State Bar of Georgia
- Tennessee Bar Association
- Tennessee Board of Professional Responsibility Hearing Committee – Member
- Women's Fund of Greater Chattanooga - Board of Directors
- Girls Preparatory School, Alumni Board and Annual Fund - Council of Advisors
- Chattanooga Women’s Leadership Institute (CWLI)
- Normal Park Museum Magnet School, Education Fund – Former President Board of Directors
- Normal Park Museum Magnet School PTA – Former President
- Chattanooga History Center - Former Board of Directors
- Chattanooga Ballet - Former Board of Directors
- Children’s Advocacy Center - Former Board of Directors
- United Way – Former Legal Unit Chairperson
- 53 Miller & Martin Attorneys Listed in The Best Lawyers in America® 2019 Edition
- 56 Miller & Martin Attorneys Listed in The Best Lawyers in America 2018 Edition
- Miller & Martin Attorneys Named Mid-South Super Lawyers® 2014
- Six Miller & Martin Attorneys Named Best Lawyers® "Lawyers of the Year"
- 55 Miller & Martin Attorneys Listed in The Best Lawyers in America® 2015 Edition
- Miller & Martin Attorneys Named 2013 Mid-South Super Lawyers®
- 50 Listed in The Best Lawyers in America® 2014 Edition