H. David Leibensperger
Administrative Law Judge
David became an administrative law judge with the Maryland Office of Administrative Hearings in 2021. Administrative law judges in Maryland hear hundreds of different types of cases for more than 30 Maryland agencies – ranging from drivers’ license revocations, to state employee retirement benefits, to handgun licensures, to involuntary commitments to behavioral health units, to even riparian water rights.
Administrative cases are different from civil and criminal cases, but all three share similar features and are intertwined. For example a bad car accident could have criminal, civil, and administrative implications for the at-fault driver. Workers’ compensation cases are a type of administrative proceeding, though those are handled separately by the Maryland Workers’ Compensation Commission.
Prior to becoming an administrative law judge, David’s practice with Berman, Sobin & Gross focused on our appellate practice and litigation writing, while also litigating personal injury claims related to railroad employees, medical malpractice, automobile injuries and workers’ compensation. David also handled significant railroad whistleblower cases under Federal Rail Safety Act. While at Berman, Sobin & Gross, David also assisted Cliff Sobin in writing four chapters of West’s treatise, Maryland Workers’ Compensation Law.
Prior to being admitted to the bar, David was a Judicial Intern for the Honorable Michael M. Galloway of the Circuit Court for Carroll County, Maryland. David also served as a law clerk in the private appellate practice of Professor Byron Warnken, who taught criminal law and procedure at the University of Baltimore, School of Law and sadly passed away in 2022.
Published cases in which David was counsel, include:
- Ziparo v. CSX Transportation, Inc., 15 F.4th 153 (2d Cir. 2021)
- Baltimore County v. Thiergartner, 216 Md. App. 560 (2014)
- Roberts v. Montgomery County, 436 Md. 591 (2014)
- CSX Transp., Inc. v. Pitts, 430 Md. 431 (2013)
- Montgomery County v. Robinson, 435 Md. 62 (2013)
- BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714 (2013) (amicus counsel)
- WMATA v. Williams, 204 Md. App. 649 (2012)
- CSX Transp., Inc. v. Pitts, 203 Md. App. 343 (2012)
- Tinsley v. WMATA, 429 Md. 217 (2012) (amicus counsel)
- Montgomery County v. Deibler, 423 Md. 54 (2011)
- Breslin v. Powell, 421 Md. 266 (2011) (amicus co-counsel, not primary author)
- Collins v. National R.R. Passenger Corp., 417 Md. 217 (2010)
- Anderson v. Board of Educ. of Montgomery County, 192 Md. App. 343 (2010)
- Warsham v. James Muscatello, Inc., 189 Md. App. 620 (2009)
- Bridgett v. Montgomery County, 186 Md. App. 616 (2009)
- Halloran v. Montgomery County Dept. of Public Works, 185 Md. App. 171 (2009)
- Bd. of Trs. of Univ. of D.C. v. DiSalvo, 974 A.2d 868 (D.C. 2009)
- Waybright v. Frederick County Md. Dept. Of Fire & Rescue Services, 475 F.Supp.2d 542 (D.Md. 2007)
- Clawson v. FedEx Ground Package System, Inc., 451 F.Supp.2d 731 (D.Md. 2006)
Education
David attended the University of Baltimore, School of Law and earned his J.D., Magna Cum Laude, in May, 2005, graduating in the top of his class. While at the University of Baltimore, David received numerous awards for scholarly achievement and was inducted into the Heuisler Honor Society, which recognizes students who graduate in the top 10% of their class. David was also a L.A.W. (law achievement workshop) Scholar at the University of Baltimore, where he taught torts to first year law students.
Prior to David’s law school education he attended York College of Pennsylvania and earned his Bachelor’s degree, Cum Laude, in May, 2002. David also represented York College in the Model United Nations. David is a member of Pi Sigma Alpha, the National Political Science Honor Society and Phi Alpha Theta, the National History Honor Society. The York College Political Science Department also recognized David for outstanding contributions to the York College History and Political Science Department.
