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Marc H. Harwell

Member

+ MHarwell 2015

Tallan Building 200 W. ML King Blvd., Suite 500 Chattanooga Tennessee 37402-2566

marc.harwell@leitnerfirm.com

423-424-3908 (direct)
423-308-0908 (direct fax)

423-265-0214 (local)
423-266-5490 (fax)
800-421-0979 (toll free)
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Areas of Practice

ADR / Mediation
Construction
General Liability
Product Liability
Transportation Law
Insurance Coverage & Defense
Labor & Employment
Premises Liability
Professional Liability / Errors & Omissions

STATE BAR ADMISSIONS

Tennessee

Education

University of Tennessee, B.A. (cum laude), 1986

University of Tennessee College of Law, J.D., 1989

Honors and Awards

Rule 31 Listed General Civil Mediator

Chattanooga Bar Association, Fellow

Albert L. Hodge Volunteer Award, 2017

Best Lawyers, Construction Law (2015- 2018)

Best Lawyers Award Badge

Mr. Harwell’s practice emphasizes civil defense litigation concerning employment law (Title VII, retaliatory discharge, ADA, FMLA, no-compete agreements, etc.) personal injury (trucking industry, automobile accidents, premises liability, products liability), construction law, professional liability, and insurance coverage. He represents one of the larger insurance carriers for all of its insurance coverage and bad faith litigation in the State of Tennessee. He is also a Rule 31 Listed General Civil Mediator.

In 2016, CityScope magazine named him one of Chattanooga’s top thirty business leaders. He is a member of the Board of Directors for the Hamilton County Bar Association. He is a Fellow of the Chattanooga Bar Foundation. Since 2011, he has been a Master of the American Inns of Court. From 2009 to 2015, he served as a Member of the Disciplinary Hearing Committee for the Tennessee Supreme Court’s Board of Professional Responsibility. 

He was elected to the Board of Directors for ALFA International in October 2014, and his term will run until 2017. From 2013 to 2014, he served as Chair of the Transportation Section of the American Law Firm Association, International (ALFA). From 2005 until approximately 2010, he served as Co-Editor of the Transportation Update of ALFA.  For ALFA, he has been a Steering Committee Member for the Employment Law Section since 2004. From approximately 2004 to the present, he has edited the Tennessee Employment Law Compendium. 

Mr. Harwell is a member of the Federation of Defense and Corporate Counsel (FDCC), which is by invitation only and requires extensive peer review of all candidates for admission. In 2017, he was elected to serve on the FDCC Board of Directors. In 2016, he was appointed Chair of the Construction Section. Since 2011, he has served as Vice-Chair of the Transportation Section. He is Vice-Chair of the Admissions Committee and the Projects and Objectives Committee and is Ex-Officio of the FDCC/IADC Law Firm Management Conference. 

From 1992-2001, he served on the Board of Directors of the American Heart Association, Hamilton County Unit (Board Chairman, 2000-2001).  He has been involved with the BigBrothers-BigSisters of Chattanooga (2001-2005); St. Paul’s Episcopal Church (Co-Chairman 2003 Stewardship Campaign and 2006 Discernment Committee); and The Arts and Education Council (Co-Chairman 2003 Annual Fund Raising Event). He has served as Chairman of Siskin Physical Rehabilitation Foundation Mardi Gras Fundraiser.  From 2006-07, Mr. Harwell served on the Steering Committee for Siskin Children’s Institute 365 Club Annual Campaign. For 2007-2009, he served as the co-chairman for Siskin 365 Club Annual Campaign. For 2016 – 2017, he is the Chair of Spectrum Art Selection Committee for the Hunter Museum of American Art.

In 1995, he became a member of this law firm. From approximately 2003 to 2011, he was the Chairman of the Hiring Committee for all of the offices of the firm. 

Mr. Harwell was born in Winston Salem, North Carolina in 1964.  He received both his B.A. (with honors, 1986) and his J.D. (1989) from the University of Tennessee. While at UT, he was on staff of the Tennessee Law Review.  He is the author of "Constitutional Law — Eighth and Fourteenth Amendments— Capital Punishment," 55 TENNESSEE LAW REVIEW 391 (1988). He served as a Graduate Student Representative to the University.

To view Marc Harwell's Linked In site, please click here.

Client Feedback

"Marc Harwell and the team at Leitner, Williams, Dooley & Napolitan did a great job of representing Garmin, and were able to win an award of summary judgment in connection with a serious trucking case involving a fatality.  Marc and his team were very responsive and committed to achieving the result Garmin was seeking, which was summary judgment on Garmin’s behalf.” - J. Goff, Asst. General Counsel -Litigation, Garmin International, Inc.

"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, Executive Vice President, ATTIC

"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, Vice President & General Counsel, Hobby Lobby

"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, Director Risk Management, Republic Services, Inc.

"In all of my years of experience in these type matters, and in fulfilling my role as a corporate representative in all litigation matters, both with Landstar and with Schneider National, I have not seen a case as well prepared for defense- by our counsel- Marc Harwell" - R. Jenkins, Vice President, Brown Integrated Logistics

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

Court Admissions

Tennessee; US District Court, Eastern District of Tennessee; US District Court, Middle District of Tennessee; US District Court, Western District of Tennessee; US Bankruptcy Court for the Eastern District of Tennessee

Professional Affiliations

Federation of Defense and Corporate Counsel, member since 2006. Since 2017, Board of Directors; Since 2016, Chair of the Construction Section; since 2011, Vice-Chair Transportation Section; 2016, Vice-Chair of the Admissions and of the Projects and Objectives Committee. Ex-Officio Chair of the FDCC/IADC Law Firm Management Conference. 

ALFA International, Member, Board of Directors, 2014 – 2017

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, 2009-2015.

American Inns of Court - Master of the Bench effective 2011 

Tennessee Defense Lawyers Association

Defense Research Institute

Chattanooga Bar Association, Fellow (served on the Board of Governors of the Young Lawyers Division of the Chattanooga Bar Association, 1993-94)

Hamilton County Bar Association (Board of Directors)

Tennessee Law Review, Staff Member, 1988-89

Community Involvement

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:

2017 Tennessee Compendium Property and Casualty and Life and Health Insurance

Insurance Symposium, I-3 Conference; Moderator, Oct 2013, New York, New York

The Metropolitan Corporate Counsel, "An Employer's Introduction: Basic Risk Management and Social Media", June 2013, co-author

FDCC Annual Meeting, Banff, 2015 - Autonomous Automotive Technology’s Impact Upon the Insurance Industry in Terms of Ratings, Underwriting, and Claims

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.

Developments in Law of Removal, LWDN Quick Flash newsletter

Tennessee Court of Appeals Defines "Applicable Statute of Limitations", LWDN Quick Flash newsletter