When John Mark is not lawyering, he writes articles about interesting construction cases that he finds, flyfishes for trout, and runs marathons.
Listed in Business Alabama, Legal Elite 2025 Listed in The Best Lawyers in America® Commercial Litigation, 2019-2026 Construction Law, 2024-2026 Product Liability Litigation – Defendants, 2019-2026 JD Supra Readers' Choice Award, “Top 10 Author,” Construction, 2024-2026 Listed in Mid-South Super Lawyers, "Rising Stars," Personal Injury – Products: Defense, 2016-2019 Listed in Alabama Super Lawyers "Rising Stars," General Litigation, 2012-2015 "Rising Stars," Personal Injury – Products: Defense, 2015 Listed in Benchmark Litigation "40 & Under Hot List," 2016-2017 "Future Star," 2018-2021, 2023-2026 Listed in Birmingham Business Journal, "Rising Star Lawyer," 2016 Confidential arbitration involving jail construction (2025) Represented supplier of steel jail cells against general contractor on jail project in multi-day arbitration. Prevailed on supplier’s claims, defeated counterclaims, and awarded fees and costs as the prevailing party. Alto Maipo v. Strabag (2024, ICC Arbitration) Represented owner of Chilean hydropower project in two-week arbitration against general contractor in a nine-figure dispute involving tunnel collapses. Morgan Cnty. Bd. of Equalization v. Indorama Ventures Xylenes & PTA, LLC, 400 So. 3d 596, 598 (Ala. 2024) Obtained $150 million reduction in market value of business personal property at petrochemical plant after a nine-day trial; affirmed on appeal. Confidential arbitration involving hotel renovation (2024) Represented multi-trade subcontractor in dispute with prime contractor over renovation of luxury waterfront hotel. Prevailed on subcontractor’s payment claims and defeated prime contractor’s counterclaims. Total-Western v. Camston Wrather (2023, California State Court) Represented EPC contractor in an eight-figure dispute with owner of an e-waste recycling facility in Southern California. Alto Maipo v. CNM (2020, Global Arbitration Review) Obtained $180 million award against contractor for default and anticipatory repudiation. In re: National Prescription Opiate Litigation (2020, various jurisdictions) Representation of national chain pharmacy in opioid cases pending throughout the U.S. DEPCOM Power v. CSUN Solar, 2019 WL 2088480 (N.D. Cal.) Arbitration award in the amount of $3.4 million against solar panel supplier. Strata Solar v. Hypower, Inc. (2018, North Carolina State Court, unreported) Defeating delay claim by electrical subcontractor on 100MW solar project after two-week trial. Indorama v. Morgan County Board of Equalization (2017, Alabama State Court, unreported) Tax appeal involving personal property at petrochemical plant. Globeride v. Pure Fishing, 2017 WL 1338277 (C.D. Cal) Defense of patent infringement claims involving fishing reels. Hoar/BE&K Children’s Hospital JV v. U.S. Gypsum (2015, Alabama State Court, unreported) Successful prosecution of warranty claims against caulk supplier on hospital project. Hernandez v. Hankook Tire America Corp., 2014 WL 3052545 (N.D. Ala.) Compelling plaintiffs to answer deposition questions regarding immigration status. Gunter v. Cooper Tire, Case No. 12-1358 (Jan. 22, 2014, Ouachita Parish Louisiana District Court) No-pay dismissal of products liability claims against tire manufacturer. Fletcher v. Cooper Tire & Rubber Co., 2013 WL 3874443 (M.D. Ala.) Established diversity jurisdiction based on fraudulent joinder and realignment of resident defendants. Hines v. Cooper Tire & Rubber Co., 2013 WL 5460322 Order compelling depositions and awarding sanctions against plaintiff. Byrd v. Gentiva et al., Case 26-CV-2012 (August 1, 2013, Ala. Cir. Ct. Dale County) Obtaining no-pay dismissal of all claims against medical device manufacturer. Allen v. Con-Way Truckload, Inc., 2012 WL 3775735 (N.D.Ala.) Granting summary judgment on wantonness, wanton entrustment, and negligent or wanton hiring, training, and supervision claims. Hines v. Cooper Tire & Rubber Co., 2012 WL 4959614 (M.D. La.) Successful motion to apply Louisiana law. United American Resources v. United Land Corp., 142 So.3d 1287 (Ala. 2012) Affirming summary judgment in favor of client on all claims in tortuous interference lawsuit. Tucker v. Scrushy, 70 So.3d 289 (Ala. 2011) Affirming $2.9 billion trial judgment against client’s former CEO for breach of fiduciary duty and fraud. Ex parte Scott, 2011 WL 925761 (Ala.) Reversing trial court’s dismissal of Rule 32 petition in pro bono death penalty case. Reyes v. Cooper Tire & Rubber Co., 2010 WL 9073201 (E.D. La) Favorable ruling on scope of discovery in tire case. Reyes v. Cooper Tire & Rubber Co., 2010 WL 9073128 (E.D. La) Defeated plaintiff’s motion for a “sharing” protective order. Troutman v. Cooper Tire & Rubber Co., 2010 WL 10950559 (W.D. Ark.) Won motion to transfer venue to Louisiana. Browning Enterprise v. Rex Iron & Machine Products, 504 F.Supp.2d 1217 (N.D. Ala. 2007) Obtained dismissal of all claims against out-of-state manufacturer Moore Oil Co. v. D&D Oil Co., 2007 WL 5685049 (N.D. Ala. 2007) Successfully removed case to federal court and defeated motion to remand. Byron Carter v. Andrew Craft, 2007 WL 4964618 (Ala. Cir. Ct. 2007) Favorable verdict for owner in construction dispute.
