- Marc H. Harwell
- Member
- 801 Broad Street, Third Floor
- Pioneer Building
- Chattanooga,TN 37402
- 423.424.3908 fax: 423.308.0908
Since 1989, Mr. Harwell’s practice has focused on civil litigation in defense of employers and insurers. Over the past 23 years, he has taken hundreds of depositions and has tried over 100 cases. As reflected by his Representative Client Work, his practice is devoted to litigation and to counseling employers and businesses on the ways in which to successfully avoid litigation through proactive measures.
The successful results that he has achieved are primarily the result of diligent effort, attention to detail, experience and knowledge as a trial lawyer, a typically proactive/ aggressive attitude, and the resources of this firm. The best gauge of his success in serving the needs, demands, and expectations of a very discerning and sophisticated client base are through the clients, and references are available upon request.
As is reflected in his professional associations and in his community involvement, he is committed to assisting businesses with insight, perspective, and developments in the law. He is committed to giving of his time and energy for the betterment of his community and has worked in numerous leadership roles for various organizations in doing so. These leadership roles also illustrate his ability to work with people in an organized, cooperative, and successful manner to fulfill the goals of the organization.
Since approximately 2004, Mr. Harwell has served as Chairman of the Hiring Committee for Leitner, Williams, Dooley & Napolitan.
Representative Client Work
Client Feedback:
"Marc Harwell represented American Trucking and Transportation Insurance Company and our insured Tri-State in the Gilliland v Tri-State lawsuit. Marc was very professional and did his due diligence throughout the investigation and defense of this matter, and we achieved a good resolution in the end." - H. Mensch
"My utilization of Leitner, Williams, Dooley & Napolitan, is a direct result my experience with ALFA International. Since my introduction to ALFA in 1998, I have found that ALFA firms rise to a level of experience, service and quality that not only exemplify value, but also the highest of professional standards. Marc Harwell and the lawyers of the Leitner Firm are no exception to this." - P. Dobelbower
"A couple of years ago, Marc Harwell defended us and our driver in a case of alleged wrongful death. Within six months of that tragic accident, we were able to settle the case at mediation because of the rapport that Marc developed with adversary counsel and based upon a thorough analysis of all of the relevant facts and factors that were revealed through an aggressive but reasonable approach to discovery and investigation. Marc’s approach was efficient and saved the company a significant amount of money and time. We continue to rely upon him to assist in addressing challenging and complex legal matters." - M. Casey
Representative Cases:
Won the dismissal of the client architect and 8 other defendants in a construction case with claims of the plaintiffs of approximately 9.5 million dollars in alleged out-of-pocket damages. Read the Tennessee Court of Appeals Opinion by clicking here.
Represented architect in Malpractice/Premises Liability Case and obtained Summary Judgment
Represented contractor in Construction Defects Case involving owner, architect, structural engineer, geotechnical engineer, etc., and won
Represented Fortune 500 transportation company in Wrongful Death Case with an ad damnum of $600 Million Dollars and obtained a settlement for less than the plaintiffs’ expert expenses
Represented Fortune 500 transportation company in a tractor/trailer “Pull-Out” Case with significant, objective injuries and obtained settlement for approximately 2 times the special damages
Represented employers in Age, Race, and Gender Discrimination Cases with successful results obtained for the employers
Prepared Rules of Conduct and Discrimination/Retaliation policies for employers
Represented business owners in ADA Building Accessibility Discrimination Cases with successful results achieved for the owners
Wrote FMLA policies for employers following the 2009 amendment to the FMLA
Successfully defended employers on retaliation claims with summary judgments entered
Successfully tried retaliation lawsuits for employers with defendant’s verdicts rendered at conclusion of trials
Represented insurance carriers on complex coverage issues with advice rendered and strategies implemented for the ultimate, successful defense of the carriers
Represented employers in cases concerning non-compete agreements and non-solicitation agreements with successful results achieved for the clients
Counseled numerous employers on hiring and firing decisions; employment practices; reductions in force; WARN Act concerns; age discrimination issues; ADA and ADAA issues; FMLA issues; and retaliation concerns
Represented health clinic in medical malpractice actions with successful results achieved in all instances
Represented pharmacy (Fortune 500 company) in pharmaceutical malpractice litigation with successful result achieved
Represented title companies, architects, and attorneys in malpractice cases with results appreciated by clients
Represented Fortune 500 Companies in wrongful death cases with results appreciated by client
Professional Affiliations
Federation of Defense and Corporate Counsel, member since 2006 (since 2011, Vice-Chair Transportation Section; since 2011, Vice-Chair Construction Section; Member, Employment Section).
ALFA International Transportation Section - Chair-Elect 2012-2013; Chair 2013-2014
ALFA International Transportation Section - Program Chairperson for 2012 Annual Meeting at Amelia Island, Florida
ALFA International Transportation Section - Client Advisory Committee - 2010 to present (Client Advisory Coordinator 2010 and 2011)
ALFA International (Employment Law Practice Group Steering Committee and Transportation Practice Group Steering Committee since approx. 2003)
Tennessee Supreme Court's Board of Professional Responsibility Hearing Committee Member, 2009-2012.
American Inns of Court - Master of the Bench effective 2011
Tennessee Defense Lawyers Association
Defense Research Institute
Chattanooga Bar Association (served on the Board of Governors of the Young Lawyers Division of the Chattanooga Bar Association, 1993-94)
Tennessee Law Review, Staff Member, 1988-89
Community Involvement
Chattanooga History Center, Board of Directors (Vice-President, 2013-2014)
American Cancer Society's Annual Fundraiser for Breast Cancer, "Pink" Event, Co-Chairman
Elect 2010-11
Siskin Children’s Institute 365 Club Annual Campaign, 2006-2009
St. Paul’s Episcopal Church Co-Chairman 2003 Stewardship Campaign, Co-Chairman, 2007-2009; 2006 Discernment Committee Member; 2009 Stewardship Committee Member
The Arts & Education Council Annual Fundraising Event, Co-Chairman, 2003
Big Brothers-Big Sisters of Chattanooga, 2001-2005
American Heart Association, Hamilton County Unit – Board of Directors from 1992 to 2001 (Chairman 2000-2001)
Siskin Physical Rehabilitation Foundation, Board Chairman, 2000-2001
Siskin Mardi Gras Fundraising Event, Co-Chairman - approx. 1997-99
Publications and Lectures
Recent Lectures/ Publications:
The Metropolitan Corporate Counsel, "An Employer's Introduction: Basic Risk Management and Social Media", June 2013, co-author
FDCC Annual Meeting, Whistler, 2012 - Plenary Session - Forum Non-Conveniens
FDCC Winter Meeting, Phoenix, 2012 - Moderator Transportation Section Meeting - Presentation on CSA
FDCC Special Project, The Tri-Partite Insurance Relationship (2011)
FDCC Plenary Sessions, "Avoiding Social Media Pitfalls, Tips for the Employer", Winter Meeting, Indian Wells, California, March 2011
Leitner, Williams, Dooley & Napolitan Labor & Employment Law Seminar, Social Media Tips for The Employer, April, 2011
Moderator - Plenary Session of ALFA International Transportation Seminar - "Security Issues Confronting the Trucking Industry" - Laguna Niguel, CA, May, 2011
ALFA Employment Conference, "Social Media and the Workplace", Laguna Niguel, CA, November 2010
ALFA Transportation Update, co-editor (a quarterly publication) from approximately 2006 through summer 2010
LWDN Labor & Employment Law Seminar, ADAAA Points of Interest, Brentwood, TN, April 2010
FDCC Transportation Section, Management of the Expert Witness, Winter Meeting, Orlando, Florida, March 2010
FDCC Plenary Sessions, Forum Non Conveniens Issues, Homestead in West Virginia, July 2009
ALFA Employment Law Teleconference – “FMLA Update”, July, 2009
Leitner, Williams, Dooley & Napolitan Employment Seminar in Nashville, TN – “FMLA Update”, April, 2009
FDCC Quarterly – “Wage & Hour Issues in the Context of Class Actions”, Spring, 2008
FDCC; Banff, Canada – “Retaliation in the Workplace” and “Class Action Issues Involving Wage-Hour Disputes” , July 30, 2008
ALFA International Transportation Seminar; Palm Beach, FL – “Winning at Trial”, April 30-May 2, 2008
ALFA Employment Law Conference; Half Moon Bay, CA – “Wage & Hour Issues in a Class Action Context”, October 3-5, 2007
Leitner, Williams, Dooley & Napolitan Employment Law Seminar; Nashville, TN – “Retaliation in the Workplace”, May 7, 2007
National Private Truck Council Safety Conference; Dulles, VA – “Responding to the Catastrophic Accident”, September 14-15, 2006
ALFA Transportation Practice Group Seminar; Lake Las Vegas, NV – “The Animated Witness – Demonstrative Evidence for a Catastrophic Accident”, approx. 2006
National Private Truck Council Conference; Nashville, TN – “Transportation Industry Best Practices for Accident Team Response”, 2005
ALFA’s Tennessee Employment Law Compendium, since approx. 2004
Co-Editor of ALFA’s Sixth Circuit Employment Law Compendium, from approx. 2005-2007
“Constitutional Law – Eighth and Fourteen Amendments – Capital Punishment, “55 Tenn. L. Rev. 391 (1988) - Law School Case Note Published.