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Mark E. Goodman

Senior Counsel

“I know of no higher fortitude than stubbornness in the face of overwhelming odds.” -Louis Nizer

Areas of Concentration

  • Complex Business Litigation

Experience at Work

Mark is a highly-skilled litigator and founding member of Capes Sokol. He represents clients in complex litigation matters before state and federal courts, arbitrators and administrative boards and agencies. He has broad experience encompassing over 45 years in commercial litigation areas including construction disputes, non-competition litigation, intellectual property, employment issues, real estate, insurance coverage, shareholder disputes and investor fraud. Mark also has extensive experience representing clients in the petroleum and taxi cab industries. In addition, Mark was appointed as Disciplinary Hearing Officer by the Missouri Supreme Court on January 15, 2016 for a three-year term.

In the Community

Mark served as an adjunct professor at Saint Louis University School of Law. He also lectures regularly for local and national Continuing Legal Education (CLE) programs.

Memberships & Associations

  • Missouri Association of Trial Attorneys
  • Bar Association of Metropolitan St. Louis
  • Missouri Bar

Awards and Designations

Presentations

  • “Managing Client Expectations in Litigation: Practical and Ethical Considerations,” Practising Law Institute, Apr. 2014
  • “Advanced Trial Tactics – Voir Dire” National Business Institute
  • Focus Groups – American Association of Justice
  • “Medical Negligence” Bar Association of Metropolitan St. Louis (BAMSL)

Significant Representations

  • JPT Group LLC v. NFTD, LLC et al. Arbitration of a commercial dispute arising out of the acquisition of assets including design patents which were proven to be unenforceable resulting in damages of $9 million
  • Mendenhall v. Property and Casualty Insurance Company of Hartford, et al. (Missouri Supreme Court). Successful appeal of insurance coverage issue resulting in payment to plaintiff of judgment of $900,000, including interest
  • East Maine Baptist Church, et al. v. Regions Bank, et al. (U.S. District Court, Eastern District of Missouri). Participated in settlement of class action on behalf of 620 bondholders
  • J.M. v. Shell Oil Company (Missouri Supreme Court). Established franchisor liability for inadequate security
  • St. Anthony’s Medical Center v. Metze (Missouri Court of Appeals). Defeated hospital’s claim for subrogation lien on proceeds of wrongful death settlement
  • Davis v. Conrail (U.S. District Court, Southern District of Illinois). Obtained a $2 million judgment for railroad car inspector’s partial loss of leg. Judgment affirmed by the Seventh Circuit Court of Appeals
  • Data Line Corp. v. Micro Technologies, Inc. (U.S. District Court, Eastern District of Missouri). Obtained a judgment for patent infringement and damages. Judgment affirmed by the Federal Circuit Court of Appeals
  • Ladue Group L.C. v. Level 3 Communications (Missouri Court of Appeals). Successfully represented landowner in trespass case against claim of condemnation by utility
  • Koester, et al. v. American Republic Investments Inc. (U.S. District Court, Eastern District of Missouri). Obtained multimillion-dollar judgment for investors in a real estate limited partnership claim for breach of fiduciary duty
  • Airport Taxi Company, et al. v. Metropolitan Taxi Commission (Circuit Court of St. Louis County, Missouri). Successfully represented St. Louis Airport taxicab companies in invalidating a portion of the Taxi Code
  • Atherton v. Illinois Quality Care Health Plan (Circuit Court of Pulaski County, Illinois). Successfully represented handicapped child in dispute on insurance coverage
  • Pardue v. Burlington Northern (Circuit Court of St. Louis City, Missouri). Settled a railroad crossing case involving multiple deaths and injuries

Licensed to Practice

  • Missouri
  • Illinois
  • U.S. District Court, Eastern and Western Districts of Missouri
  • U.S. District Court, Southern District of Illinois
  • U.S. Courts of Appeals, Seventh, Eighth and Eleventh Circuits
  • U.S. Federal Circuit Court of Appeals
  • U.S. Tax Court

Education

  • J.D., Washington University School of Law (1972)
  • B.A., Political Science, Northwestern University (1969)
Twelve Capes Sokol Attorneys Selected for 2019 Best Lawyers List
Thirteen Capes Sokol Attorneys Selected for Best Lawyers
Fehr and Goodman Receive Special Recognition in 2016 Up & Coming Class