Mark has tried more than 100 cases to verdict and repeatedly has been asked to step in to try a case at the eleventh hour when a client is concerned about its potential exposure.
Mark has over 30 years of experience handling a wide range of civil litigation including:
- Mass tort litigation
- Railroad litigation
- Employment discrimination and civil rights claims
- Toxic torts and environmental litigation
- Breach of contract, bankruptcy and commercial disputes
- Fraud claims and
- Consumer class action litigation
A founding member of the firm, Mark has litigated in state and federal courts across the country including New York, New Jersey, Pennsylvania, Arizona, California, Florida, Illinois, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, Virginia, Maryland, and the District of Columbia.
In addition to obtaining scores of defense verdicts, Mark has successfully defended numerous commercial, fraud and consumer actions for major financial institutions, including representing their interests in class action, multi-district litigation, and bankruptcy proceedings.
Recently, Mark played a leading role in settling mass torts. On behalf of Amtrak, Mark led the LCBF team that negotiated a $265 million global resolution with the Plaintiffs’ Management Committee in the MDL arising out of the May 12, 2015 derailment in Philadelphia, which generated over 120 lawsuits on behalf of more than 150 passengers who suffered injuries and the families of passengers who died in the accident. On July 31, 2017, U.S. District Judge Legrome Davis lauded Mark Landman in a written opinion approving the settlement. He found Mark “instrumental to a timely and fair disposition of this MDL” and thanked Mark and his counterparts for “exceptional” leadership and the parties for minimizing costs, “working together toward realizing shared goals and objectives as quickly as practicable,” and enhancing “the overall quality of the litigation process, and hopefully … public confidence in the court as an institution."
Based upon his reputation for integrity, good judgment and the “hands on” attention he brings to each matter, Mark also has been asked by publicly traded corporations and professional firms to conduct internal investigations of highly sensitive employment and corporate governance issues.
Mark is a frequent speaker on trial practice and substantive law issues at public conferences and national meetings of firm clients.
Mark previously served as President of the National Association of Railroad Trial Counsel.
Previously as a Trial Attorney in the U.S. Department of Justice Honor’s Program, Mark represented former White House and cabinet officials in civil rights suits and defended the government in radiation lawsuits, claims involving mass disasters and catastrophic injuries. While at the Department of Justice, Mark was asked to handle at the trial level a case against former President Nixon and his closest advisors that went on the United States Supreme Court and established absolute immunity for the President and qualified immunity for his senior advisors.
Mark has been selected to the list of New York Metro Super Lawyers for 2006-2021 and of Best Lawyers in America for 2012-2020, as well receiving an “AV Preeminent” rating by the Martindale-Hubbell® Peer Review Ratings.™ Super Lawyers is published by Thomson Reuters. A description of their selection methodology can be found here. Best Lawyers is published by Woodward/White. A description of their selection methodology can be found here. Martindale-Hubbell is published by Internet Brands, Inc. A description of their selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Please access the following link for additional information on Mark’s representative cases.
Representative Cases
Obtained voluntary dismissal with prejudice and no payment of claims by a grievously injured plaintiff against Amtrak and the Massachusetts Bay Transportation Authority on the eve of trial in federal court in Brooklyn, following 8 years of hard fought litigation and adverse court rulings on motions in limine
Played leading role in negotiating $265 million MDL settlement arising out of the May 12, 2015 derailment in Philadelphia, PA, which generated over 120 lawsuits on behalf of more than 150 passengers who suffered injuries and the families of passengers who died in the accident
Recovery after a four-week trial in Reno, Nevada in National Railroad Passenger Corp. v. John Davis Trucking Company of almost $5 million for Amtrak and Union Pacific Railroad for damages to equipment and for expenses arising from a 2011 crossing collision in Lovelock, Nevada, which resulted in six fatalities and several serious personal injuries
Affirmance in Elias v. Federal Home Loan Mortgage Corp., 2013 WL 5372887 2014 WL 3702597 (6th Cir. 2014), of 2013 WL 5372887 (E.D. Mich. 2013), dismissing claims by a real estate broker and his companies that their inclusion on Freddie Mac’s Exclusionary List violated the antitrust laws and constituted interference with contract, defamation and civil conspiracy
Representation of Freddie Mac in In re Lehman Brothers Holding Inc. et al., resulting in $767 million recovery on claims involving complex derivative transactions, short term loan transactions, and mortgage seller/servicer related obligations
Obtained early dismissal of claims of antitrust violations (the Donnelly Act) against structured settlement company that allegedly conspired with New York's largest medical malpractice insurer to exclude plaintiff settlement brokers from participation in brokering structured settlements
Dismissal in Elias v. Federal Home Loan Mortgage Corporation, 2013 WL 5372887 (E.D. Mich 2012) of state antitrust law, interference with contract, defamation, and civil conspiracy claims brought by real estate broker and his companies based upon their inclusion on Freddie Mac's Exclusionary List
Fourth Circuit affirmance in Adeptech Systems, Inc. v. Federal Home Loan Mortgage Corp., 2012 WL 6720927 (4th Cir. 2012), aff’g, 2011 WL 6820184 (E.D.Va. 2011) of the dismissal of multi-million dollar claims arising from software contract)
Ninth Circuit reversal of remand in Mendoza v. Federal National Mortgage Ass’n, 2012 WL 600828 (9th Cir. 2012) regarding district court’s authority to remand a case
Dismissal of whistleblower claim involving senior officer of company alleging safety violations
Ninth Circuit dismissal of putative class action challenging foreclosure procedures for home loans listing the Mortgage Electronic Recording Service (MERS) as beneficiary on deeds of trust in Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1054 (9th Cir. 2011)
Defense verdict in two FELA cases (Ct. of Common Pleas, Philadelphia, Penn.) and (E.D.N.Y.) even though railroad admitted liability
Represent major creditor in Lehman bankruptcy, the largest and most complex bankruptcy in history, pending in SDNY
Successfully tried lead case for over 100 asbestos claims that ultimately went to the United States Supreme Court. Buckley v. Metro-North Commuter R.R., 52 U.S. 424 (1997)
Successful representation of Amtrak in solvent exposure trial in St. Louis involving 80 plaintiffs, many of whom claimed they were permanently disabled
Defense verdict on behalf of Sardi’s Restaurant and Vincent Sardi in employment discrimination and defamation case in New York Supreme Court
Successfully tried one of first same sex sexual harassment cases in federal court in Florida
Special Labor Counsel for major airline in bankruptcy court in the Southern District of New York
Representation of railroads in several catastrophic derailment cases in federal courts in Chicago, New York and Baltimore
Representation of Amtrak in several First Amendment cases challenging regulations at New York’s Pennsylvania Station
Successful challenge to New York’s prevailing wage rules for government contractors on behalf of railroad
Successfully defended major accounting firm in ADA case filed by United States EEOC
Defense verdict in a wrongful death workplace violence incident in federal court in Philadelphia
Defense verdict in a sexual harassment case in federal court in Albany
Defense verdict in a race discrimination case in federal court in Albany
Defense verdict and recovery of over $1 million and attorneys’ fees in breach of contract case in federal court in Omaha, Nebraska
Defense verdict in $32 million fraud and conversion case in federal court in Newark, New Jersey
Successful defense of Phipps Houses Inc. in 100 lawsuits brought on behalf of 500 tenants alleging toxic mold exposure in New York Supreme Court
Practice Areas
- Appellate Advocacy
- Bankruptcy
- Civil Rights, Municipal and Constitutional Law
- Commercial and Business Litigation
- Employment Litigation and Counseling
- Environmental Law and Related Litigation and Counseling
- General Litigation
- Mass Tort Litigation
- Products Liability Litigation
- Rail, Bus and Other Transportation Litigation
- Toxic Tort Litigation
- Trial Advocacy
Admissions
District of Columbia, 1979
Pennsylvania, 1997
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court Northern District of New York
U.S. District Court Western District of New York
U.S. District Court District of Connecticut
U.S. District Court of the District of Columbia
U.S. District Court Eastern District of Pennsylvania
U.S. District Court Northern District of Illinois
U.S. District Court Eastern District of Michigan
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 11th Circuit
U.S. Supreme Court
Associations and Professional Activities
National Association of Railroad Trial Counsel (President, 2011-2012)
Defense Research Institute
The District of Columbia Bar
Honors and Awards
“AV Preeminent” rating from the Martindale-Hubbell® Peer Review Ratings™ [see text to the left]
United States Attorney General's Special Commendation
United States Attorney General's Special Achievement
New York Metro Super Lawyer, Civil Litigation Defense, 2006-2021 [see text to the left]
Best Lawyers in New York Area, Railroad Law, New York Magazine, 2006–2017
Best Lawyers in America, Railroad Law, 2012-2020 [see text to the left]
Education
J.D., Georgetown University Law Center, Washington, District of Columbia, 1976
Editor, American Criminal Law Review, 1975-1976
B.A., Harpur College, State University of New York at Binghamton, 1973