Civil Litigation: Commercial and Product Liability Litigation
Mark has litigated in over half of the states in the U.S., and in most cases has achieved a result of no liability on behalf of his defense clients, whether by dismissal, summary judgment, or trial. He has handled class action litigation, shareholder disputes, estate litigation, and other complex cases, and has led teams of lawyers in multi-defendant matters. Carpenter Law Firm litigates claims based on contract, tort, product liability statutes, fraud, professional negligence, and other theories. Mark’s industry experience includes agriculture, insurance (both coverage and procurement), manufacturing, logistics, financial institutions, and retail. He has extensive experience negotiating favorable settlements for his clients, both through mediation and direct negotiations. In addition, Mark has managed local counsel in many different jurisdictions.
In 2021, Mark obtained partial summary judgment barring a sales representative from recovering gross commissions for more than 180 days under Minnesota’s Termination of Sales Representatives Act. He defended a financial services company in federal court litigation in Minnesota, Ohio, and New York, all settling on favorable terms. Mark served as lead counsel for an Illinois manufacturing company in litigation arising out of a failed joint venture, resulting in a buy-out of the client’s former partner.
Agriculture
Throughout his career, Mark has worked with numerous clients engaged in the agricultural sector, including those involved in the manufacture of livestock feed, crop protection chemicals, and agricultural equipment. He has helped large agricultural companies get a fair hearing in small, rural courthouses, and has helped farmers negotiate a fair settlement. Mark’s experience in this area includes:
- obtaining a settlement of $695,000 for a Minnesota dairy farm whose feed was contaminated with a toxic overdose of a feed additive;
- over 20 dairy farm claims, including those involving ration balancing, feed storage, and alleged mycotoxin contamination;
- claims involving allegedly inadequate or defective pesticides, seeds, or nutrient products;
- claims alleging spray drift and other off-target movement of pesticides;
- crop claims on corn, soybeans, cotton, tomatoes, apples, sunflowers, sugar beets, potatoes, and ornamentals;
- litigation and contract negotiation involving milk processing equipment; and
- litigation involving hog procurement contracts and pricing of turkey feed.
Transactional: Contract Drafting and Risk Assessment
Carpenter Law Firm helps clients draft, negotiate, and interpret contracts. Sometimes a well-reasoned letter explaining the proper interpretation of a contract can avoid expensive and time-consuming litigation. In addition, Mark conducts risk assessments for corporate clients, particularly those who are considering moving into a new product line or extending an existing product line. The firm also evaluates and modifies product warranties to reduce exposure to litigation. Mark’s over 25 years of litigation experience help him see where a client may be vulnerable to a legal challenge.