about Mark Landes
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 Managing Partner of Isaac Wiles and Co-chair of the Public Law practice group.
Services
Industries
education & admissions
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
case studies
Independent Stave Company v. Bethel, et al.
Practice Area: Employment and labor
Date: Jan 29, 2016
Outcome: Happy Client
Description: Former employer tried and failed to use non-compete to stop client from working.
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
Description: Lender liability suit over development of downtown condominiums disrupted by failure to fund.
Roberts v. Mahoning County
Practice Area: Litigation
Description: Class action of inmates concerning conditions of confinement.
Kennedy v. Muskingum County
Practice Area: Litigation
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
Description: Construction arbitration for delays caused by owner and general contractor.
Danbert v. Hilliard
Practice Area: Litigation
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
Description: Established law protecting grand jury information from disclosure.
State ex rel., Toledo Blade v. Seneca County
Practice Area: Litigation
Description: Established law on the duty to preserve electronic records.
State ex rel., Cook v. Seneca County
Practice Area: Litigation
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
Description: Established law on public records responsibilities of private contractors.
Oriana House, Inc. v. Montgomery
Practice Area: Litigation
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
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
Description: Preacher sues for right to show aborted fetus poster during downtown festival. Arrested for disorderly conduct.
Austin v. Wilkinson
Practice Area: Litigation
Description: Class action against Ohio State Penitentiary, the Supermax Prison. Four day trial, multiple additional hearings.
Mathis v. Pickering
Practice Area: Litigation
Description: Officer arrested spectator at muscle-car street event for failure to dispose and excessive force. Defense verdict.
Mathews v. Reynoldsburg
Practice Area: Litigation
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
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
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
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
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
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
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
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
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
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
Description: Restraining order obtained to protect retired detective’s business from retaliation for filing to run against Sheriff.
Paramount v. Ohio Department of Medicaid
Practice Areas: Litigation, Health Care, Public Law
Description: Verdict for our client on a $23 Billion procurement for Medicaid Managed Care in Ohio.
articles & presentations
Articles
Employment Discrimination and Retaliation Instructions, Ohio Jury Instructions
- Changing Juries: The Impact of Millennial Jurors on Trials and Verdicts
- Mark Landes Talks with WTVN 610 Radio About Ohio H.B. 253 and H.B. 248
- Is it a HIPAA Violation For Your Employer to Ask About Your Vaccination Status?
- What are the legal issues surrounding “Vaccine Passports”? Interview with 10TV News
- What is the Reasonable Use of Force Against the Mentally Ill?
- Pregnancy Discrimination covers more than pregnancy, says EEOC
- Prisoner’s right to contact family does not give claim for denial of overseas calls
- Anthony Sowell’s victim strikes out in court; lessons for law enforcement follow
- School Treasurer blows budget; tells Board, gets fired. Court says can sue for retaliation
- Judge chases Public Defender out of town; no lawsuit
Presentations
Ohio Municipal Attorneys Association. Immunity Update 2021
Court Administrator’s Conference Employee Investigations 2019
SORSA Annual Membership Meeting: ML’s topic: Millennial Jurors, September 2017
“Supervisors Say the Darndest Things,” CORMA 2017 Public Sector Risk Management Seminars, August 2017
Willis Pooling Symposium: ML’s topic: “Emerging Claim and Litigation Managing Your Legal Fees;” Scottsdale, Arizona, April 2017
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;” Squaw Valley, California, 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;” Washington, D.C., 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 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
Member, Board of Catholic Foundation
Member, Legatus
Member, Board of Zoning Appeals, London
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
honors
The American Lawyer, 2021 Top Rated Litigator
Ohio Super Lawyers®, 2006-2022
Ohio Super Lawyers®, “Top 50: 2018 Columbus Super Lawyers”
The Best Lawyers in America®, Litigation – First Amendment; Litigation – Labor and Employment; Litigation – Municipal, 2009-2022
The Best Lawyers in America® Columbus, Ohio “Lawyer of the Year”, 2020, 2022
AV – Preeminent Peer Review Rating from Martindale-Hubbell
Named a Central Ohio Lawyer of the Year, 2013
Co-Lead counsel in Multi-District Litigation for class action.