Summary

Mark is a leading trial lawyer who has led over 40 trials to verdicts and arbitrations to award. He focuses his practice on personal injury and business disputes litigation, with a particular expertise in the areas of wrongful death, products liability, competitive practices/unfair competition, insurance, construction litigation, and complex commercial litigation.

Mark is recognized in Best Lawyers in America in commercial litigation and corporate law and in Ohio Super Lawyers in business litigation. He is also listed as one of Cincy magazine’s Leading Lawyers. Prior to joining Taft, Mark served for 10 years on his firm's Executive Committee, including three years as Deputy Chairman of the firm.

Mark plays an active role in the greater Cincinnati community. A former Campbell County Commissioner, he is a volunteer at The Life Learning Center. Among other honors, Mark has been named to the Tri-State Power 100 list multiple times (published by Cincy magazine), and he has been selected to participate in Leadership Cincinnati Class 33 and the Cincinnati Business Courier “Forty Under 40” program. He received his law degree, cum laude, and did his undergraduate work at Indiana University at Bloomington.

Awards

All Service Areas

Education

  • Indiana University Maurer School of Law - Bloomington (1986)

    cum laude

  • Indiana University (1983)

Admissions

  • Federal - Southern District of Ohio
  • Federal - Northern District of Ohio
  • Federal - 6th Circuit Court of Appeals
  • Federal - Eastern District of Kentucky
  • Federal - Western District of Kentucky
  • State - Ohio
  • State - Kentucky
  • Federal - Eastern District of Michigan

Notable Matters

  • Lead counsel for defendant in product liability claim, Shobe v. Faurecia Automotive Seating, 3:19-cv-384, U.S. District Court, Western District of Kentucky.
  • Lead counsel for defendant in class action and arbitration claims, Bindas v. Suburban Propane, 01-19-0001-7448, AAA Arbitration.
  • Lead counsel for plaintiffs in triple wrongful death claim, Odell v. Warren, 18-CI-00191, Nelson County, Kentucky.
  • Lead counsel for plaintiff in breach of contract claim, Intuitive Surgical v. Midbrook, 2:17-cv-10391, U.S. District Court, Eastern District of Michigan.
  • Lead counsel for plaintiff in wrongful death claim, Rust v. Sickle, 1704108, Hamilton County, Ohio.
  • Co-counsel for plaintiffs in drinking water contamination cases, I. DuPont de Nemours and Company, 2:13-md-2433, US District Court, Southern District of Ohio.
  • Lead counsel for plaintiff in wrongful death claim, Crawford v. Bernhardt, 1:17-cv-00463, US District Court, Southern District of Ohio.
  • Lead counsel for plaintiff in medical practice dissolution claim, Emami v. Schiller, A1602606, Hamilton County, Ohio.
  • Lead counsel for plaintiff in medical products breach of contract claim, Haag-Streit v. Alcon Laboratories, 16-CV-88562, Warren County, Ohio.
  • Lead counsel for plaintiff in breach of contract and intellectual property claim, Antiop v. Reckitt Benckiser Pharmaceuticals, 16-cv-00051, US District Court, Eastern District of Kentucky.
  • Co-counsel for defendant in breach of contract and fraud claim, In re: Pilot Flying J. Rebate Litigation, MDL Docket No. 2515, US District Court, Eastern District of Kentucky.
  • Co-counsel for the Estate of Astronaut Neil A. Armstrong in plaintiff medical malpractice wrongful death claim, Armstrong v. Mercy Health.
  • Lead counsel for defendants in employment non-compete claim, Ethicon Endo-Surgery v. Lang and Intuitive Surgical, A1205727, Hamilton County, Ohio.
  • Lead counsel for defendant in wrongful death product liability claim, Collins v. Plug-It Products, 2:12-cv-00190, US District Court, Eastern District of Kentucky.
  • Lead counsel for defendants in construction dispute, Dugan & Meyers v. Corporex and The Ascent at Roebling Bridge, 07-CI-3886, Kenton County, Kentucky.
  • Lead counsel for defendant in construction dispute, Superior Steel v. Corporex, 08-CI-1309, Kenton County, Kentucky, 2012-CA-000441, Kentucky Court of Appeals, 2017 WL 6380218, Kentucky Supreme Court.
  • Co-lead counsel for plaintiff in breach of contract claim over control of marketing for Kentucky Fried Chicken, Kentucky Fried Chicken Franchisees v. Kentucky Fried Chicken Corporation, 2010 - C.A. No. 5191-VCS, Court of Chancery, State of Delaware.
  • Lead counsel for defendant in copyright and trademark claim, Jedson Engineering v. Spirit Construction, 1:08-cv-413, US District Court, Southern District of Ohio.
  • Lead counsel for defendant in $70M breach of coal supply contract claim, American Coal Company v. Emerald International, 51-198-Y-00058-09, American Arbitration Association.
  • Lead counsel for defendant in wrongful discharge claim, Boon Ping Lim v. R.A. Jones, 07-CI-0001, Kenton County, Kentucky.
  • Lead counsel for defendant in construction product liability claim, Corter v. International Paper, Index No. 4591/06, County of Orange, Supreme Court of the State of New York.
  • Lead counsel for plaintiff in multi-million dollar breach of contract, fraud and trademark claim, GPP v. MTD Products, 1:06-cv-143, US District Court, Southern District of Ohio.
  • Lead counsel for plaintiff in breach of contract and fraud claim, CDB Bell v. DMR Pizza, 03-CI-3618, Jefferson County, Kentucky and 2007-CA-001608 and 2007-CA-001692, Kentucky Court of Appeals.
  • Lead counsel for plaintiff in breach of contract claim, Bell County Fire Department v. Bell County Fiscal Court, 6:07-cv-209, US District Court, Eastern District of Kentucky.
  • Lead counsel for plaintiff in breach of contract and fraud claim, Dan Shirley v. The Estates at Wiedemann Mansion, 95-CI-3221, Campbell County, Kentucky and 2007-CA-001031, Kentucky Court of Appeals.
  • Lead counsel for defendant in wrongful discharge claim, Oakes v. Performance Management Group, A0406142, Hamilton County, Ohio.
  • Lead counsel for plaintiff in multi-million dollar breach of contract claim, Eljay v. Precision Tool, Die & Machine, 3:99-cv-400, US District Court, Western District of Kentucky.
  • Co-lead counsel for plaintiff in $40M breach of contract and fraud claim, Corporex v. Raymond James, 2:98-cv-014, US District Court, Eastern District of Kentucky.
  • Lead counsel for defendant in premises liability claim, Varney v. SuperAmerica, 98-CI-1723, Pike County, Kentucky.
  • Co-lead counsel for defendant in product liability claim, Haymaker v. Connecticut Valley Arms, 97-28, US District Court, Eastern District of Kentucky.
  • Lead counsel for defendant in multi-million dollar product liability claim, Marksberry v. Sears, Roebuck, 89-CI-860 and 90-CI-332, Boone County, Kentucky.
  • Lead counsel for defendant in personal injury claim, Ungerbuehler v. McMenama, 94-CI-2175, Fayette County, Kentucky.
  • Co-lead counsel for defendant in construction bid dispute over Kenton County Courthouse Project, Wessels v. Corporex, 96-CI-2041, Kenton County, Kentucky, Kentucky Court of Appeals and Kentucky Supreme Court.
  • Lead counsel for plaintiff in employment non-compete claim, Snow Filtration v. Cliatt, 1:96-00279, US District Court, Southern District of Ohio.
  • Lead counsel for defendant in multi-million dollar product liability claim, Brown v. Palm Pools, 94-CI-0542, Warren County, Kentucky.
  • Lead counsel for plaintiff in personal injury claim, Cantell v. Kees, A9310088, Hamilton County, Ohio.
  • Lead counsel for defendant in premises liability claim, Gary v. SuperAmerica, 95-CI-1148, Fayette County, Kentucky.
  • Co-lead counsel for defendant in multi-million dollar product liability claim, Stanley v. Clark Forklifts, 92-CI-4319, Fayette County, Kentucky.
  • Lead counsel for defendant in breach of contract claim, Gallmann v. Mathis, 90-CI-202, Russell County, Kentucky.
  • Lead counsel for plaintiff in multi-million dollar product liability claim, Maxedon v. Volkswagen, 90-CI-028, Jessamine County, Kentucky.
  • Lead counsel for defendant in product liability claim, Howell v. Heinz Pet Products, 91-291, US District Court, Eastern District of Kentucky.
  • Lead counsel for defendant in construction product liability claim, Clycan Alpha v. Facile Technologies, 89-CI-2268, Fayette County, Kentucky.
  • Co-lead counsel for defendant in wrongful death medical malpractice claim, Holts v. HealthAmerica, 87-CI-4002, Fayette County, Kentucky.
  • Co-lead counsel for defendant in breach of contract claim, National By-Products, Inc. v. Miles Pope, 86-207 and 86-397, US District Court, Eastern District of Kentucky.
  • Lead counsel for plaintiff in premises liability claim, Wallingford v. Kroger, 85-CI-0008, Mason County, Kentucky and 761 S.W.2d 621, Kentucky Court of Appeals.

Speeches and Publications

  • "Ethics," NBI, Inc. "Winery and Vineyard Law" Seminar, Cincinnati, OH, December, 2018
  • "Negotiating & Litigating the Damages: Plaintiff’s Tactics," NBI, Inc. Seminar, Cincinnati, OH, October, 2018
  • "Metadata Made Simple" and "Reviewing and Producing Electronic Evidence," NBI, Inc. Seminar, Cincinnati, OH, August, 2018
  • "Local Practice Tips in Personal Injury Cases" and "Current Developments in Ohio Personal Injury Law," NBI, Inc. Seminar, Cincinnati, OH, June, 2018
  • "Wrongful Death Litigation: Start-to-Finish," NBI, Inc. Seminar, Cincinnati, OH, June, 2017
  • OSBA Annual Ohio Legal Forum – "Introducing Your Case: Strategies for an Impactful and Effective Opening Statement," Cincinnati, OH, April, 2016
  • "Dirty Litigation Tactics: How to Deal with the 'Rambo' Litigator," NBI, Inc. Seminar, Columbus, OH, July, 2015
  • "Legal Ethics, Professionalism and Substance Abuse for the Ohio Practitioner – How to Avoid Grievances," NBI, Inc. Seminar, Cincinnati, OH, December, 2012
  • "Preparing for Voir Dire," NBI, Inc. – Live Teleconference, June, 2012
  • "Dirty Litigation Tactics: How to Deal with the 'Rambo' Litigation," NBI, Inc. Seminar, Columbus, OH, April, 2012

Professional Affiliations

  • American Bar Association

    Member

  • Cincinnati Bar Association

    Member

  • Kentucky Bar Association

    Member

  • Leadership Cincinnati

    Graduate

  • Ohio State Bar Association

    Member, Litigation Section Council
    Member, Senior Lawyer Section

Community Involvement

  • Campbell County

    Former Commissioner

  • Contemporary Arts Center

    Board Member

  • Covington Catholic High School

    Former Board Member

  • Faith Community Pharmacy

    Former Board Member

  • Llanfair Retirement Community

    Former Member,  Advisory Board

  • The Life Learning Center

    Current Volunteer
    Former Board Member

  • University of Kentucky Law School

    Former Adjunct Professor of Law, Legal Writing and Oral Advocacy