Mark  Landes

Mark Landes

Partner
P: 614.221.2121 | F: 614.365.9516 | D: 614.220.5149
EMAIL mlandes@isaacwiles.com

Assistant Cathy Bittner 614.220.5124 cbittner@isaacwiles.com
about MarkX+X+

A brief scan of Mark Landes’ illustrious career accomplishments reveals why no case can intimidate him. He was a prosecutor for a US cavalry unit stationed along the Iron Curtain, and served as a civil litigator at The Pentagon.

More recently, Mark earned an $11.2 million jury verdict for a developer, and represents 65 Ohio counties and 110 school districts and other government entities and businesses.

His appointments are impressive as well, as he was named special master for the U.S. District Court, and serves as Special Counsel for the Ohio Attorney General for some of their most challenging cases. Mark is also on the Drafting Committee of the Ohio Jury Instructions for employment discrimination cases.

Mark is a member of the Isaac Wiles Management Committee and Co-chair of the Public Law practice group.

education & admissionsX+

Education

  • The Ohio State University, J.D., 1982
  • Johns Hopkins University, B.A., 1978

Bar & Court Admissions

  • Ohio
  • U.S. District Courts, Southern and Northern Districts of Ohio
  • U.S. Court of Appeals, Sixth and Ninth Circuits
  • U.S. Supreme Court
  • U.S. Court of Military Appeals
  • U.S. Army Court of Military Review
experienceX+

experience

United States Military

  • Judge Advocate, United States Army Reserve. As the former Chief of Training, 9th Legal Services Organization, advised the command and its soldiers on all legal issues.  Assumed responsibility for all operations and training within a JAG unit.  Retired as Lieutenant Colonel.
  • Civil Litigation Attorney, Department of the Army—nominated and competitively selected as a member of the Army Litigation Division.  Represented the Departments of Defense and Army in all aspects of sensitive civil litigation, including constitutional challenges to personnel policies.  Wrote briefs filed in federal courts throughout the country.  Edited briefs of Defense and Justice Department litigators, 1985-87
  • Trial Counsel, Fulda, Germany—served as military equivalent of district attorney for a community of 15,000 located on the Iron Curtain.  Tried over 60 cases, including those involving murderers and spies, 1983-85
  • Legal Assistance Attorney, Frankfurt, Germany—acted as a general practitioner to community of 70,000, providing legal counsel to clients on estate, domestic, landlord-tenant, consumer, and tax law.  Drafted approximately 300 separation agreements, 200 wills, and numerous advocacy letters, 1982-83

Appointed Positions

  • Special Master, United States District Court for the Southern District of Ohio.  Appointed by federal judge in Martin v. Taft to resolve a dispute over $655 million of funding per year for services for mentally retarded and developmentally disabled individuals in Ohio.
  • Special Monitor, United States District Court for the Southern District of Ohio.  Appointed by federal judge for Value Behavioral Health v. State of Ohio to review contracting process for multi-million dollar public contract.
  • Mediator, Appointed by federal and state courts to mediate all types of disputes.  Frequently retained by private parties to mediate resolutions of litigated and pre-suit matters, including employment, business, and personal injury matters.

Bar Associations

  • Past President, Federal Bar Association, Columbus Chapter (two tours)
  • Past Chair, Labor and Employment Committee, Columbus Bar Association
  • Past Chair, Federal Courts Committee, Ohio State Bar Association
  • Select Member, Jury Instructions Committee, Ohio State Bar Association
  • Select Member, Judicial Screening Committee, Columbus Bar Association, 2009-11

Teaching Positions

  • Adjunct Assistant Professor, The Ohio State University, College of Law—Legal Writing, 1991-92

Other Positions

  • Member, Ohio Jury Instructions Drafting Committee, Ohio Judicial College.  Selected by the Ohio Supreme Court to serve as special member on a committee of judges to draft pattern jury instructions for jury trials involving employment litigation.  Jury instructions and their commentaries are known as authoritative among Ohio judges and lawyers.
  • Author, Jury Verdict Reports, United States District Court for the Southern District of Ohio.  With the cooperation of the Court and the Federal Bar Association, Columbus Chapter, chronicle each jury verdict from the federal courthouse in Columbus.
  • Legal Counsel, County Engineers Association of Ohio—counsel to the Association to advise on legal liability and give opinions concerning safety, contracting and personnel issues, 1993-94
  • Member, Ohio State Dental Board, 2003-2006.  Member of the regulatory body over the dentists of Ohio, considering licensing, discipline and availability of services.

Outside Activities

  • President, City Council of London, Ohio, 1981-1982. Elected head of the legislative body of county seat of 7,000.  Drafted $3 million budget; organized passage of a tax renewal
  • Editor-in-Chief, Johns Hopkins University Magazine, 1978
  • Aide, United States Senator Robert Taft, Jr., 1976
  • Clerk, Supreme Court of Ohio Law Library, 1975
case studiesX+

case studies

Aetna Better Health, Inc. vs. Ohio Dept. of Job & Family Services
Practice Area: Contracts / Agreements
Date: Aug 16, 2012
Outcome: Decision for client
Description: Contract dispute.

Aquino v. Honda of America, Inc., et al., 158 Fed. App’x. 667
Practice Area: Constitutional
Date: Nov 01, 2005
Outcome: Judgment affirmed.
Description: I successfully argued this case before the 6th Circuit Court of Appeals in Cincinnati, Ohio preserving judgment in favor of our client, a County Sheriff's Department. The issue was whether a Sheriff's deputy's interview and search of an employee of Honda suspected of vandalism on the job was constitutional or whether it was an illegal search and seizure. It was not and the deputy was vindicated.

Spangler v. Wenninger
Practice Area: Civil Rights
Outcome: Verdict for Plaintiff in amount of $30,000.00
Description: In the search for the body of a young girl, cadaver dogs hit on the floor of a garage, and continued to hit as the floor was broken up and dug out down to bedrock. Nothing was found, and the hole left behind to fill with water. Plaintiff claimed client Sheriff caused hundreds of thousands of dollars damage to the equipment taken out of the garage and left outside, as well as damage to the garage.

Zammit v. Society National Bank
Practice Area: Litigation
Outcome: Happy Client
Description: Lender liability suit over development of downtown condominiums disrupted by failure to fund.

Roberts v. Mahoning County
Practice Area: Litigation
Outcome: Happy Client
Description: Class action of inmates concerning conditions of confinement.

Kennedy v. Muskingum County
Practice Area: Litigation
Outcome: Happy Client
Description: Nine week trial on discrimination claimed by 58 individuals in the providing of water service.

Precise Electric v. Hocking College, The Arbitration Tribunals of the American Arbitration Association
Practice Area: Litigation
Outcome: Happy Client
Description: Construction arbitration for delays caused by owner and general contractor.

Danbert v. Hilliard
Practice Area: Litigation
Outcome: Happy Client
Description: Contractor sued City and County for damages due to delays in street excavation. Settled at close of Plaintiff's case.

State ex rel., Beacon Journal v. Medina County
Practice Area: Litigation
Outcome: Happy Client
Description: Established law protecting grand jury information from disclosure.

State ex rel., Toledo Blade v. Seneca County
Practice Area: Litigation
Outcome: Happy Client
Description: Established law on the duty to preserve electronic records.

State ex rel., Cook v. Seneca County
Practice Area: Litigation
Outcome: Happy Client
Description: Preliminary injunction hearing. Defended power of Commissioners to proceed toward demolition of 1884 Courthouse. Won, and won on appeal.

State ex rel., Oriana House, Inc. v. Montgomery
Practice Area: Litigation
Outcome: Happy Client
Description: Established law on public records responsibilities of private contractors.

Oriana House, Inc. v. Montgomery
Practice Area: Litigation
Outcome: Happy Client
Description: 10th District Court of Appeals. Represented Auditor of State to establish authority to audit expenditures of a private contractor.

Albrecht v. Treon
Practice Area: Litigation
Outcome: Happy Client
Description: Argument regarding class action. Plaintiffs claimed that coroner's practice of retaining brains and other organs was a taking of property without due process. Won argument saving an estimated $90 million for local governments.

Spingola v. Village of Granville
Practice Area: Litigation
Outcome: Happy Client
Description: Preacher sues for right to show aborted fetus poster during downtown festival. Arrested for disorderly conduct.

Austin v. Wilkinson
Practice Area: Litigation
Outcome: Happy Client
Description: Class action against Ohio State Penitentiary, the Supermax Prison. Four day trial, multiple additional hearings.

Mathis v. Pickering
Practice Area: Litigation
Outcome: Happy Client
Description: Oficer arrested spectator at muscle-car street event for failure to dispose and excessive force. Defense verdict.

Mathews v. Reynoldsburg
Practice Area: Litigation
Outcome: Happy Client
Description: Officer shot and killed 14 year-old boy while boy was joyriding. Defense verdict.

State, ex rel., Ohio Roundtable v. Taft
Practice Area: Litigation
Outcome: Happy Client
Description: Association of business leaders and ministers sued state to stop Ohio's involvement in Mega Millions Lottery. Claimed Ohio Constitutional violations. Verdict for client Ohio resulting in $40 million per year in revenues.

Overturf v. Madden
Practice Area: Litigation
Outcome: Happy Client
Description: Plaintiff clients, three sisters, alleged sexual abuse by Uncle at Grandmother's house. One sister alleged over 150 incidents, but had intact hymen. Verdict for clients for $180,000.00 against both Uncle and Grandmother.

Mill Valley v. Embanque
Practice Area: Litigation
Outcome: Happy Client
Description: Plaintiff client-developer, sues lender for failing to provide funding to complete development. Verdict for client for $11.2 million.

Scheiderer v. City of London & Madison County Prosecutor
Practice Area: Litigation
Outcome: Happy Client
Description: Plaintiff (private detective) sued City and Madison County Prosecutor (client) for breach of contract and defamation from Plaintiff's investigation of City Police. Forced dismissal after close of Plaintiff's case.

Grassbaugh v. Northern Neck Transfer
Practice Area: Litigation
Outcome: Happy Client
Description: Client trailer pulled out of truck stop in front of attorney (Plaintiff), resulting in wrist fracture and claimed head and eye injury. $3.2 million claimed damages. Defense verdict for client.

State v. Reel
Practice Area: Litigation
Outcome: Happy Client
Description: Client Deputy Sheriff went through stop sign and struck and killed two. Claimed brake failure. Indicted for aggravated vehicular homicide. After three days of trial, offered no contest to stop sign violation.

Reece v. Miami County Municipal Court & Miami County Common Pleas Court
Practice Area: Litigation
Outcome: Happy Client
Description: After maternity leave Court Reporter fired by client judge. Judge died before trial. Verdict for Plt. for $15,000.00, overturned on appeal.

Wyant v. Hogue
Practice Area: Litigation
Outcome: Happy Client
Description: Claimed rear-end collision at high speed. $27,000.00 in damages claimed. Verdict for $504.00 against client.

North v. McCowan
Practice Area: Litigation
Outcome: Happy Client
Description: Australian woman thrown from horse provided by client. Claim that client knew horse was dangerous. Defense verdict for client.

Thomas v. Karnes
Practice Area: Litigation
Outcome: Happy Client
Description: Restraining order obtained to protect retired detective's business from retaliation for filing to run against Sheriff.

articles & presentationsX+

articles & presentations

Articles

  • Employment Discrimination and Retaliation Instructions, Ohio Jury Instructions

Presentations

  • CORSA Annual Agents Meeting: ML’s topic: “Ohio Stop Gap Liability;” October 2015
  • Pickaway County Board of Developmental Disabilities:  ML’s topic: “Sunshine Law;” August 2015
  • Ohio Transit Risk Pool:  ML’s topic: “ADA Obligations for Bus Drivers;” August  2015
  • Ohio Transit Risk Pool: ML’s topic: “Open Records for OTRP Risk Managers and Human Resource Personnel – Sunshine Law;” February 2015
  • OACTA Annual Meeting:  ML’s topic:  “Developments and Abuses in E-Discovery and Where are the Changes?” November 2014
  • Willis Pooling Symposium: ML’s topic:   “Emerging Claim and Litigation Managing Your Legal Fees;” September 2014
  • CORMA-Public Sector Safety/Risk Management Seminar: ML’s topic: “Dealing with Problem Employees;” May 2014
  • Willis Pooling Symposium: ML’s topic: “Emerging Claim and Litigation Managing Your Legal Fees;” October 2013
  • CBA Bench/Bar Retreat – Masters Series: ML’s topic:  “Masters Series: Lawyers in Literature and Cinema;” September 2013
  • SORSA Annual Membership Meeting: ML’s topic:  “Emerging Liability Trends;” September 2013
  • OSBA School Law Webcast (for Ohio School Boards Assn.):  ML’s topic:  “Access to Students and Records: Custody, Divorce, Abuse and Neglect;” June 2013
  • OSBA Sports Law Workshop (for Ohio School Boards Assn.): ML’s topic: “Cyberlaw and Athletic Discipline;” June 2010
  • Legal Update for Public Employers, Annual Seminar, 2010
  • Cyberlaw and Athletic Discipline, OSBA Sports Law Workshop, 2010
  • The Written Agreement: Incorporating Novel Solutions, The Advocate in
  • Mediation: Basic & Higher Level Concepts, 2009
  • Electronic and Student Records, OSBA Spring Seminar, 2009
  • Attack of the Killer Trees and Other Tales From the Courthouse, Ohio Tree Care Conference, 2009
  • Essential Aspects of Sunshine Law, Commissioners' Training Session, 2009
  • Ethics in E-Discovery, Ethics, Professionalism & Substance Abuse, 2008
professional & community activitiesX+

professional & community activities

Professional

  • Ohio State Bar Association (Past Chair, Federal Courts Committee)
  • Columbus Bar Association (Past Chair, Labor and Employment Committee)
  • Federal Bar Association (Twice Past President, Columbus Chapter)
  • Solicitor, Village of Ashville
  • General Counsel, Ohio Transit Risk Pool

Community

  • Board Member, Legatus
honors X+

Honors

  • Named to the Ohio Super Lawyers List (2005-2015)
  • Named to the The Best Lawyers in America© (2009-present)
  • AV – Preeminent Peer Review Rating from Martindale-Hubbell
  • Named to Columbus CEO Magazine's "Top Lawyer" List (2014-2016)
  • Named a Central Ohio Lawyer of the Year (2013)
  • Co-Lead counsel in Multi-District Litigation for class action
  • Named to Who's Who in Law in Columbus by Business First