Donald Chance Mark, Jr.
ShareholderPhone: (952) 995-9500
Don's Assistant:
Download Donald Chance Mark Jr.'s biography (116K PDF)
Don is certified as a Trial Advocate by the National Board of Trial Advocacy and as a Civil Trial Specialist by the Minnesota State Bar Association. He has been named one of Minnesota’s "Super Lawyers," and has been selected by his peers as a "Leading American Attorney." He has also been named one of Minnesota's "Top 100 Lawyers."
A well-known lecturer and presenter, Don has spoken on personal injury, tort reform and civil trial practice for many Minnesota Continuing Legal Education seminars. Respected nationally and internationally, Don heads up FMJ's litigation practice.
Honors:
Named one of Minnesota's "Top Ten Business Lawsuits of the Year" for 2011, Twin Cities Business, December 2011
Named one of Minnesota's Attorneys of the Year 2010 by Minnesota Lawyer Magazine
Named one of Minnesota's "Top Ten Verdicts of the Year" for 2010, Minnesota Lawyer, January 17, 2011, Volume 15, No. 3
Named one of Minnesota's "Top 100 Lawyers" in Law & Politics Magazine
Named one of Minnesota's "Leading Attorneys/Super Lawyers" in Law & Politics Magazine (as a result of a statewide survey conducted by American Research Corporation)
Named in "Business Guide to Law and Leading Attorneys," Commercial Litigation Section
Martindale-Hubbell AV Peer Review Rated
Certification:
Civil Trial Advocate, National Board of Trial AdvocacyCivil Trial Specialist, Certified by the Minnesota State Bar Association
Contract Advisor, Certified by the National Football League Players Association
Approved Arbitrator, Certified by the American Arbitration Association
Approved Mediator, Certified by the Minnesota State Bar Association
Education:
St. Olaf College (BA 1969)Vanderbilt University School of Law (JD 1972)
State Bar Admissions:
State of Minnesota
State of Wisconsin
Licensed pro hac vice in more than 30 states
Cases tried in California, Colorado, Illinois, Kentucky, Louisiana, Minnesota, Texas and Wisconsin
Federal Bar Admissions:
U.S. Supreme Court U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, District of Minnesota
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District of Wisconsin
U.S. District Court, Southern District of Texas, Houston Division
U.S. District Court, Central District of California
U.S. District Court, Western District of Louisiana
U.S. District Court, Western District of South Dakota, Western Division
U.S. District Court, Southern District of New York
U.S. District Court, District of Nevada
Past and Present Professional Memberships and Associations:
International Society of Barristers
Advocate, American Board of Trial Advocates
Master, Civil Trial Attorney, Douglas K. Amdahl Inn of Court
Member, Million Dollar Advocates Forum
Hennepin County Bar Association
Minnesota State Bar Association, Civil Litigation Section
Wisconsin State Bar Association
American Bar Association, Litigation Section, Air and Space Law Section, and Tort and Insurance Practice Section
Minnesota Defense Lawyers Association
Defense Research Institute
National Transportation Safety Board (NTSB) Bar Association
Lawyer Pilots Bar Association
Helicopter Association International
Aviation Insurance Association
Minnesota Business Aviation Association
National Football League Players Association
Other Activities and Memberships:
Licensed Soccer Coach, United States Soccer FederationLicensed Soccer Referee, Federation International Football Association
Certified Youth Hockey Coach, U.S.A. Hockey Association
Certified Scuba Diver
Certified Contract Advisor, National Football League Players Association
High School Mock Trial Coach
High School Mock Trial Judge, sponsored by Minnesota State Bar Association
Military Service:
United States Army, R.O.T.C., Commissioned Second Lieutenant, 1972Military Police Corps, Ft. Gordon, Georgia, 1973
United States Army Reserve, 1973-1975
Honorable Discharge, 1975
Media Interviews:
Quoted in Minnesota Lawyer, article entitled "State Sees Big Drop in Civil Lawsuits," August 1, 2011, Volume 15, No. 31
Quoted in Minnesota Lawyer, article entitled "How To: Pick an Expert Witness," April 11, 2011, Volume 15, No. 15
Featured in newspaper article, "Experts in Art of Verbal Fencing" by Rochelle Olson, Minneapolis Star Tribune, November 30, 2010
Quoted in Legal Issues in Collegiate Athletics magazine, article entitled "Asst. Coach Wins Million-Dollar Verdict; University Will Appeal," June 2010
Quoted in Minnesota Business Magazine, June 2010
Quoted in Minnetonka Alumni magazine regarding "The 1965 Minnetonka High School State Basketball Championship," 2010 issue
Interviewed on the Dan Barreiro radio program, KFAN Radio, regarding Jimmy Williams v. Tubby Smith jury verdict, May 30, 2010
Interviewed on the Ron Rosenbaum radio program, "Holding Court," KTLK Radio, regarding the Jimmy Williams v. Tubby Smith jury verdict, May 29, 2010
Quoted in Minnesota Business Magazine, article entitiled "Power of the Big, Spirit of the Small," February 2010
Quoted in Eden Prairie News newspaper, article entitled "Fafinski Mark & Johnson Celebrate 10th," June 11, 2009
Press conference given to WCCO-CBS Television, KARE-NBC Television, Minneapolis Star Tribune Newspaper, St. Paul Pioneer Press Newspaper and Minnesota Daily Newspaper regarding Jimmy Williams v. University of Minnesota and Joel Maturi, October 11, 2007
Interview given to WCCO-CBS Television regarding Jimmy Williams v. University of Minnesota and Joel Maturi, October 10, 2007
Quoted in Minnesota Lawyer newspaper, article entitled "Aviation Law Takes Off," Volume 9, Number 33, August 15, 2005
Quoted in The Tennessean newspaper, article entitled "Anderson Returning to Titans," September 10, 2004
Interview given to WCCO-CBS television regarding the NTSB Factual Report Concerning the Wellstone Crash, November 17, 2003
Interview for Sports Illustrated/SI.com, article entitled "Anderson's Annual Retirement Bid Spoiled by Titans," September 14, 2003
Interview given to WCCO-CBS television regarding Senator Paul Wellstone airplane crash settlements, August 28, 2003
Interview given to KSTP-ABC television regarding Senator Paul Wellstone airplane crash settlements, August 28, 2003
Quoted in Minnesota Lawyer, article entitled "Jury Clears Hays Group of Wrongdoing," April 15, 2002
Interview given to Star Tribune, article entitled "Jury Says Hays Group Didn't Wrong Aon Corp," March 9, 2002
Interview given to Minnesota Lawyer, article entitled "Aviation Lawyers: Piloting Airlines through the Heavy Storm," Volume 5, Number 48, November 26, 2001
Interview given to WMNN News Radio regarding post September 11, 2001 issues involving the aviation industry, November 12, 2001
Interview given to City Business, article entitled "Demand for Aviation Attorneys Rising," Volume 19, Number 21, October 26, 2001
Interview given to City Business, article entitled "Nonprofit Learns Legal Lesson the Hard Way," Volume 19, Number 12, August 24, 2001
Interview given to KSTP-ABC television regarding "Discover Aviation Days" lawsuit, July 21, 2001
Interview given to City Business, article entitled "Aviation Specialists Fly High," Volume 18, Number 35, January 26, 2001
Interview given to WCCO-CBS television regarding jury verdict for TWA #841 case, June 9, 1983, Hennepin County Government Center, Minneapolis, MN
Professional Presentations:
Speech to Delta Airlines claims personnel, "Claims Handling," October 28, 2010, MSP Airport
Speech to Medical Assistants and Nurses at Minnesota Podiatry Association annual meeting, "Do's and Don't's of Charting," November 13, 2009, Bloomington, MN
Speech before Minnesota Business Aviation Association, "Engine Failure on Final: The Last Flight of N4890J and Its Aftermath," February 14, 2007, Fort Snelling Officer's Club, Minneapolis, MN
Clarion Legal CLE, "Products Liability 2005: Recreational Products," April 28, 2005, Minneapolis, MN
Speech to Aviation Safety class, "Ways for Young (and Old) Pilots to Jeopardize Their Careers and Their Lives," February 2, 2005, St. Cloud State University, St. Cloud, MN
Speech before the Experimental Aircraft Association, Chapter No. 54, "Downtown St. Paul Mid-Air," November 8, 2004, Lake Elmo Airport, MN
Speech to Aviation Safety class, "Ways for Young (and Old) Pilots to Jeopardize Their Careers and Their Lives," October 1, 2004, St. Cloud State University, St. Cloud, MN
Speech to Aviation Safety class, "Aviation Litigation and Other Air Safety Issues," April 5, 2004, St. Cloud State University, St. Cloud, MN
Speech to Aviation Management class, "Aviation Litigation and Other Air Safety Issues," April 5, 2004, St. Cloud State University, St. Cloud, MN
Speech to Aviation Safety class, "Ways for Young (and Old) Pilots to Jeopardize Their Careers and Their Lives," October 29, 2003, St. Cloud State University, St. Cloud, MN
Speech to Aviation Safety class, "Aviation Litigation and Other Air Safety Issues," February 26, 2003, St. Cloud State University, St. Cloud, MN
Speech to Aviation Management class, "Aviation Litigation and Other Air Safety Issues," February 25, 2003, St. Cloud State University, St. Cloud, MN
Speech to Minnesota Business Aviation Association, "TransWorld Airlines Flight No. 841," March 6, 2002
Speech to Doctors of Podiatric Medicine at Minnesota Podiatry Association Annual Meeting, "Podiatric Medicine Risk Management Issues," November 17, 2001, Bloomington, MN
Speech to St. Paul Insurance Company, "How to Improve your Negotiating Technique," November 6, 2001, St. Paul, MN
Speech to Minnesota Business Aviation Association, "The Downtown St. Paul Mid-Air Crash," February 7, 2001, St. Paul, MN
Speech to St. Paul Insurance Company, "How to Improve your Negotiating Technique," November 14, 2000, St. Paul, MN
Speech to Minnesota Ninety-Nines, "The Downtown St. Paul Mid-Air Crash," February 19, 2000, St. Paul, MN
Speech to Fleming Field Flyers Club, "The Downtown St. Paul Mid-Air Case and Other Aviation Matters," December 1, 1998, St. Paul, MN
Speech to National Association of Store Fixtures Manufacturers, "Product Liability," June 18, 1998, Chicago, IL
Speech to Various Utility Company Representatives at Aegis Insurance Services, Inc. Seminar, "Prevention and Handling of Wire Strike Claims," February 20, 1997, Jersey City, NJ
Minnesota Continuing Legal Education, "TMJ Claims," February 13, 1997, Minneapolis, MN
Speech to La Crosse Flying Club, "TWA Flight #841, The Downtown St. Paul Mid-Air Case and Other Aviation Matters," January 20, 1997, LaCrosse, WI
Minnesota Advocacy Institute, "How to Conduct an Effective Deposition," December 6, 1996, Minneapolis, MN
Speech to Doctors of Podiatric Medicine, "How To Keep Your Attorney Happy," October 11, 1996, Minneapolis, MN
Minnesota Advocacy Institute, "How to Conduct an Effective Deposition," December 7, 1995, Minneapolis, MN
Minnesota Advocacy Institute, "Taking of Depositions," December 15, 1994, Minneapolis, MN
Speech to Doctors of Podiatric Medicine, "Tips For Proper Medical Charting," December 4, 1993, Minneapolis, MN
Minnesota Advocacy Institute, "Arguing Damages," February 28-March 1, 1991, Minneapolis, MN
Minnesota Continuing Legal Education, "How To Negotiate To Maximize Or Minimize Recoveries," October 25, 1990, Minneapolis, MN
Minnesota Continuing Legal Education, "Minnesota Civil Trial Practice II," February 2, 1990, Minneapolis, MN
Minnesota Continuing Legal Education, "How to Prepare a Personal Injury Case," (Video), October 5, 1989, Minneapolis, MN
Minnesota Continuing Legal Education, "How to Prepare a Personal Injury Case," September 19, 1989, Minneapolis, MN
Course Chairman for Minnesota Continuing Legal Education, "How to Prepare the Personal Injury Case," August 18, 1989, Minneapolis, MN
Minnesota Continuing Legal Education, "Tort Reform Update," September 8, 1988, Minneapolis, MN
Speech to American Bar Association, "How to Successfully Negotiate Settlement of a Personal Injury Matter From a Defense Perspective," Tort and Insurance Practice Section, August 11, 1987, San Francisco, CA
Speech to Doctors of Podiatric Medicine, "Risk Management Techniques and Recent Changes in Medical Malpractice Law," June 12, 1987, Minneapolis, MN
Speech to Anoka County Bar Association, "Tort Reform," November 18, 1986, Anoka, MN
Minnesota Institute of Legal Education, "Tort Reform - A Step Forward or a Step Backward," October 31, 1986, (Panel discussion with Consumer-Advocate Ralph Nader), Minneapolis, MN
Minnesota Continuing Legal Education, "How to Prepare and Try a Medical Negligence Case After the Tort Reform Act," October 24, 1986, Minneapolis, MN
Minnesota Continuing Legal Education, "Minnesota Pre-Trial Practice," December 14, 1985, Minneapolis, MN
Minnesota Continuing Legal Education, "Fundamentals of Trying a Personal Injury Case," October 11, 1985, Minneapolis, MN
Minnesota Continuing Legal Education, "Fundamentals of Effective Discovery Practice," April 25, 1985, Minneapolis, MN
Minnesota Continuing Legal Education, "Fundamentals of Personal Injury Practice-Up to Trial," December 14-15, 1984, Minneapolis, MN
Organization of Flying Adjusters, "Sixty Seconds Over Flint - The TWA #841 Case," November 4, 1983, Memphis, TN
Lawyer-Pilots Bar Association, "TWA #841," September 24, 1983, Telemark, WI
The International Society of Air Safety Investigators, "The Flight of TWA #841," October 14, 1983, Chicago, IL
Minnesota Continuing Legal Education, "How to Try a Personal Injury Case," January 27, 1983, Minneapolis, MN
Minnesota Continuing Legal Education, "How to Prepare a Personal Injury Case," February 10, 1978, Minneapolis, MN
Published Articles:
Law360, "The Vanishing Civil Trial Lawyer," November 3, 2011
Bloomberg Law Reports Student Edition, "Who Will Try the Civil Jury Cases of the Future?" January 31, 2011, Volume 2, No. 1 Edition
Athletic Management magazine, "Hold the Hire," Volume XXII, No. 6, October/November 2010
Legal Issues in Collegiate Athletics newsletter, "Hiring Assistant Coaches: Lessons for Coaches, Job Candidates and Athletic Directors," Volume 12, Issue 1, November 2010
Sports Ligation Alert newsletter, "Hiring Assistant Coaches: Lessons for Coaches, Job Candidates and Athletic Directors" Volume 7, Issue 19, October 21, 2010
Article published in the "Executive Read" section of the St. Paul Pioneer Press, "No Ordinary Time - Franklin and Eleanor Roosevelt: The Home Front in World War II by Doris Kearns Goodwin," October 25, 2009
Stature Magazine (chiropractic professional publication), "Standard of Care," Volume 1, Issue 2, Fall 2004
Minnesota Trial Lawyer, "Government Liabiity in the Air Crash Case," Spring Issue, 1996
Reported Cases:
James R. Williams v. Orlando Henry "Tubby" Smith, et al.; Nos. A10-1802 and A11-567 (Unpublished Opinion) Minnesota Court of Appeals (10/17/11); Jury verdict finding Coach Tubby Smith guilty of negligent misrepresentation upheld by the Court of Appeals, and the $1 million verdict is sustained.
William L. Hoeper v. Air Wisconsin Airlines Corporation, et al, No. 08CA1358, 2009WL3764080, 232 P.3d 230 (Colo. Ct. App. 2009); Colorado Court of Appeals upholds jury verdict awarding damages to pilot-plaintiff.
Daniel Ehrmann v. Leslie Adam, et al.; No. A08-2120 (Unpublished Opinion), Minnesota Court of Appeals (09/01/09); Dismissal of plaintiff's defamation lawsuit upheld.
Farmers Insurance Exchange v. Hallaway, Hawkins, and the Hollenbecks; No. 07-4521, 2009, (Unpublished Opinion) D. Minn. (05/18/09); Denial of motion to dismiss case as the defamer's intent must be decided by a jury.
Williams v. the Board of Regents of the University of Minnesota, et al.; A08-0765 (Reported Decision) Minnesota Court of Appeals (03/31/09), 763 N.W.2d 646 (2009); Reversal of lower court's decision to dismiss basketball coach Jimmy Williams' claim against the University of Minnesota.
Ericson, et al. v. Hallaway, et al.; A07-1047, 2008 WL 3896872 (Minn. Ct. App. Unpublished) (08/26/08); Plaintiffs' jury verdict for defamation remanded to trial court for new trial.
Farmers Insurance Exchange v. Hallaway, Hawkins, Ericson, Singer and MYSA; 564 F. Supp.2d 1047 (D. Minn. 2008); Intential acts of exclusion does not negate coverage of acts of negligent defamation.
Williams v. the Board of Regents of the University of Minnesota, et al.; A08-0765 (Reported Decision) Minnesota Court of Appeals (03/31/09), 763 N.W.2d 646 (2009); reversal of lower court's decision to dismiss basketball coach Jimmy Williams' claim against the University of Minnesota.
Ericson, et al. v. Kathleen Halloway; A07-1047 (Unpublished Opinion), Minnesota Court of Appeals (08/06/08); Plaintiffs' jury verdict for defamation remanded to trial court for new trial.
Michael Wilson, et al. v. Robert Tuxen, et al.; 2007AP1964 (Unpublished Opinion), Wisconsin Court of Appeals (05/20/08); Various claims involved with the purchase of cattle infected with Johne's Disease.
Catherine Sanford v. Duane F. Nelson, DPM, et al.; A06-1135 (Unpublished Opinion), Minnesota Court of Appeals (08/14/07); Defense verdict in podiatric negligence case upheld.
Marion C. Blakey, Administrator, FAA v. Larry M. Schlasinger; SE-17230 (Unpublished Opinion), National Transportation Safety Board (08/18/06); Reversal of administrative law judge's decision; dismissal of all charges against pilot/client.
Sharyl Uhde v. Brookwest Chiropractic Clinic, et al; A03-2009 (Unpublished Opinion), Minnesota Court of Appeals (07/13/04); Statute of limitations issue involving mental disability of patient who claimed chiropractic malpractice.
Virginia R. Scally v. Norwest Mortgage, Inc., et al; C4-02-2181 (Unpublished Opinion), Minnesota Court of Appeals (09/02/03); Summary judgment reversed in bank fraud matter.
Aon Risk Services, Inc. of Minnesota v. Hays Group, Inc.; C2-02-1661, Minnesota Court of Appeals (appeal dismissed by Court) (11/02); Jury verdict in favor of The Hays Group in tortious interference with contract claim.
Aero Properties, LLC v. Discover Aviation Days, A to Z Party Rental, Inc., et al; C6-01-1765 (Unpublished Opinion), Minnesota Court of Appeals, 2002 WL 1544249 (07/16/02); Jury verdict upheld in claim involving property damage to aircraft caused by commercial tent.
The Work Connection, Inc. v. Universal Forest Products, Inc.; C3-01-1643 (Unpublished Opinion), Minnesota Court of Appeals, 2002 WL 1275700 (06/11/02); Directed verdict motion in breach of contract case upheld.
Arthur Redl v. Northwest Airlines, Inc.; 01-1313 (Unpublished Opinion), United States Court of Appeals, Eighth Circuit, 2001 WL 1335653 (8th Cir. Minn.) (10/19/01); Statute of limitations upheld under Warsaw Convention for international air traveler.
United States of America v. The Washington Mint, LLC, Novus Marketing, Inc., et al; 9901768 (Unpublished Opinion), United States District Court for the District of Minnesota, 2000 WL 1640073 (D. Minn.) (09/05/01); Copyright claims involving the Sacagawea dollar.
Okhwa Iverson, Trustee of the Heirs and Next-of-Kin of Timothy Robert Iverson v. Lynda Gayle Schmitt, Kenneth J. Schwartz, et al; C4-97-2312, (Unpublished Opinion), Minnesota Court of Appeals (07/14/98); Wrongful death, motor vehicle accident, product liability.
Gordon G. Roufs v. Parker Hannifin, et al; CO-97-1478, (Unpublished Opinion), Minnesota Court of Appeals (07/14/98); Products liability - anhydrous ammonia accident, summary judgment.
Vaughn v. Northwest Airlines, Inc.; 558 N.W.2d 736 (Minn. 1997); Statute of limitations issue applied to discrimination claim under Federal Air Carriers Access Act (ACAA) .
Richard Heller v. Northwest Aerospace Training Corporation; C9-96-917, (Unpublished Opinion), Minnesota Court of Appeals (11/26/96); Breach of contract, gender discrimination, defamation, emotional distress and tortious interference with contract.
Leonard Howard v. Northwest Airlines, Inc.; DHR No. ER-19940598, (Unpublished Opinion) (0/05/96); Claimant alleged that he was wrongfully terminated from his employment as an equipment service employee (ESE) at Northwest Airlines because of his race.
Rasheed Ibn Bilal, et al. v. Northwest Airlines, Inc., et al; 537 N.W.2d 614 (Minn. 1995); Alleged religious discrimination involving Northwest Airlines pass rider. Leading decision concerning religious free speech.
Avemco v. Cebco; C1-93-2419, (Unpublished Opinion), Minnesota Court of Appeals (06/07/94); Crash of Cessna 421 in Colorado by an unlicensed pilot; Declaratory judgment action, summary judgment.
Debra Jean Kinnear v. The Foot Clinic and Dr. Myron Kaminsky; C1-93-1867, (Unpublished Opinion), Minnesota Court of Appeals (03/14/94); Podiatric malpractice case involving Macbride bunionectomy; Directed verdict upheld by the Minnesota Court of Appeals.
Nordale, Inc. v. Samsco, Inc.; 830 F.Supp. 1263 (Minn. 1993); Patent infringement and breach of contract.
Gerald Brown v. Parker Hannifin; 919 F.2d 308 (5th Cir. 1990); Products liability - quick coupling accident involving high-pressure water.
Paul Petty v. Dakota Barge Service; 730 F. Supp. 983 (1990); Alleged Jones Act claim when shoreside welder, working as deck hand, was injured on a towboat.
Robert Perkins v. Parker Hannifin; 4-90-0175, Appellate Court of Illinois (09/28/90); Product liability - anhydrous ammonia accident.
George and Jennifer Jenista, d/b/a Flightways, Inc. v. Burlington Northern Automotive; 388 N.W.2d 770 (Minn. App. 1986); Emotional distress, fear of flying, property damage and business loss involving engine loss and aircraft emergency landing.
Gail L. Peppin v. Parker Hannifin; 372 N.W.2d 369 (Minn. App. 1985); Personal injury; Traumatic arm amputation by hydraulic press.
Quill v. Trans World Airlines; 361 N.W.2d 438 (Minn. App. 1985); Sudden dive of Boeing 727 aircraft over Flint, Michigan. Leading decision concerning emotional distress claims.
Kaiser v. Northern States Power; 353 N.W.2d 899 (Minn. 1984); Personal injury and property damage as a result of the separation of a dresser coupling which caused a large natural gas explosion at the Commodore Hotel in St. Paul, MN.
Ronald and Emma Danielson v. Estate of Debra Hanford; 352 N.W.2d 758 (Minn. App. 1984); Personal injury and wrongful death automobile accident.
Barbara Marsden v. Minneapolis Clinic and E. Philip Nuernberger; 329 N.W.2d 306 (1982) Personal injury claimed from sexual impropriety of therapist.
Canadian Universal Ins. Co. v. Fire Watch, Inc.; 258 N.W.2d 570 (1977); Fire loss/declaratory action. Leading decision concerning changes in insurance coverage.
Dotterwich v. Yamaha International Corporation and Yokahama Rubber Company; 416 F. Supp. 542 (1976); Personal injury resulting from a snowmobile track becoming disconnected and striking Plaintiff in the leg.
Practice Areas:
Aviation LitigationCommercial Litigation
Employment Litigation
General Litigation
Insurance Defense Litigation
Products Liability Litigation
Professional Liability/Medical Malpractice Defense
Sports Management
Intellectual Property Matters
Practice Philosophy:
"We vigorously represent FMJ clients in both state and federal courts throughout the United States."
