Photo of Mark T. Hurst

Mark T. Hurst

Member , Louisville KY


Mark T. Hurst

Member , Louisville KY

Mark is a Member of Stoll Keenon Ogden’s Louisville office and has been with the Firm since 2006. He is co-chair of the Construction Law practice group and he is Chair of the Trust & Estate Litigation practice group. He serves on the Firm’s Board of Directors and Executive Committee and currently serves as Chair of the Firm’s Business Development Committee.

Honored with multiple recognitions on a national and regional level, Mark has a strong track record of client success. His work at the firm includes representation of clients faced with complex commercial disputes, class action litigation, construction disputes, and fiduciary/trustee disputes.

Mark counsels clients ranging from small local businesses to Fortune 500 companies, and he has substantial experience handling cases and trials before state and federal courts.

Business Litigation: For corporate clients, Mark provides representation in sophisticated cases that include fiduciary and commercial disputes, among other issues. He has litigated cases involving commercial goods valued in excess of fifty million dollars.

Trusts & Estate Litigation: Mark’s strengths as a litigator extend to disputes over family and trust assets. He once settled a case on behalf of beneficiaries to a holographic will for a $4.5 million estate after the court originally declined to admit the will to probate. Mark’s clients received over $1.5 million after originally not receiving anything from the probate court.

Construction Law: Mark supports business owners, developers, and contractors in matters involving construction disputes and frequently counsels clients at the negotiation phase of projects.

Banking Litigation: Mark routinely provides representation for bank clients involved in lending-related disputes, such as breach of fiduciary duty and fraud.

Tort, Trial, and Insurance: Mark has extensive experience in pursuing and defending various torts, including but not limited to wrongful death actions, slip and falls, and defamation.


University of Kentucky College of Law, 2001, J.D.

University of Kentucky, 1998, B.B.A., magna cum laude


Admitted In

  • Kentucky

  • U.S. District Court, Eastern District of Kentucky

  • U.S. District Court, Northern District of Georgia

  • U.S. District Court, Western District of Kentucky

  • Georgia

  • U.S. Supreme Court

  • Kentucky Court of Appeals

Professional & Community Activities

  • American Bar Association

  • Kentucky Bar Association

  • Louisville Bar Association

  • American Inns of Court, Brandeis Chapter, barrister member, 2007-2010

  • Zoom Group, former Board of Directors

  • Actors Theatre, former Board of Directors

  • Habitat for Humanity’s Buildable House Program, firm representative

  • Legal Aid’s “Ask a Lawyer” Program, volunteer

  • Leadership Louisville, Class of 2011


  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

  • Benchmark Litigation, Top Litigator Under 40, 2016 – 2017

  • The Best Lawyers in America®, Commercial Litigation, 2014 – present

  • Kentucky Super Lawyer®, Business Litigation, 2013- present

  • Top Lawyer in Louisville, 2013 – present

  • Louisville Magazine Top Lawyer, Personal Injury Law-Plaintiff and Professional Malpractice Law (non-medical) – Defense, 2012

  • Business First’s Forty Under 40, 2010

  • Moot Court Board, Member, University of Kentucky, 1999 – 2001

  • Journal of Natural Resources and Environmental Law, Member University of Kentucky, 1999 – 2001

Work Highlights

  • Success in Construction Litigation

    SKO successfully obtained a complete dismissal of a client in a multi-million dollar apartment construction litigation in Ohio. After reviewing the complaint, SKO saw an early opportunity to file a motion to dismiss all claims alleged by the plaintiff against SKO’s client. The Ohio court agreed with the reasoning set forth in the briefing and granted the motion to dismiss in its entirety resulting in the complete dismissal of our client from the action, leaving the other corporate defendants to defend the against the plaintiff’s claims.

  • Construction Claim by Developer

    In one of Louisville’s up and coming neighborhoods, a developer was left with a defective venue, resulting in SKO filing a lawsuit on behalf of the developer against several subcontractors and arbitration was initiated against the general contractor. Issues included improper design, failure to adhere to specifications and generally poor workmanship. After investigation and discovery, SKO successfully settled the matter on terms that resulted in the developer recovering nearly 20% of its purchase price back from the contractors.

  • Construction Claim by Homeowner

    After a construction remediation project left the homeowners with a terrible odor in their home, SKO filed a lawsuit on behalf of the homeowners against the general contractor and a subcontractor, among other defendants. SKO settled the lawsuit on extremely favorable terms to its client, recovering over $500,000 in their favor, which was actually greater than the appraised value of the home.

  • Breach of Fiduciary Duty Defense

    SKO successfully lead counsel in defense of a majority business owner against claims of breach of fiduciary duty and judicial dissolution. The company was not dissolved and SKO’s client received a favorable buyout before any discovery occurred.

  • Successful Separation of Dentistry Practice

    Mark Hurst lead counsel in navigating the separation of a dentistry practice on terms that were favorable to SKO’s client in a fiduciary dispute.

  • Successful Jurisdictional Defense for Manufacturing Client

    SKO successfully challenged the personal jurisdictional grounds for a lawsuit brought in federal court against a larger steel supplier. After complete briefing by multiple parties, the federal court dismissed SKO’s client from the lawsuit on personal jurisdiction grounds.

  • Construction Litigation Pursuit

    SKO successfully recovered a substantial amount of money on behalf of its client, an owner of senior care facility, in a construction defect case. SKO filed claims on behalf of its client against the general contractor, subcontractors and suppliers, ultimately settling on confidential terms that provided a net recovery close to SKO’s client’s demand for recovery.

  • Construction Litigation Defense

    SKO defended a general contractor in claims brought by the owner relating to a multi-billion dollar project in Canada involving the construction of a hydroelectric generating facility. Litigation took three years but after multiple settlement negotiations, SKO’s client successfully settled the case for a fraction of the amount demanded by the owner.

  • Successful Recovery Against Family’s Personal Trustee in Breach of Fiduciary Duty Case

    After two beneficiaries suspected wrongdoing by their brother-trustee, SKO pursued claims on behalf of the two beneficiaries, including misappropriation and conversion. After investigating the actions of the brother-trustee, SKO negotiated a settlement on behalf of its clients to receive over three times the amount they were set to receive under the testamentary documents.

  • Successful Separation of Podiatrist Practice

    SKO successfully negotiated the separation of a podiatrist practice on behalf of SKO’s client on extremely favorable terms to SKO’s client who had faced allegations of breach of fiduciary duty.

  • Successful Estate Recovery for Non-Profit Organization

    Lead counsel in lawsuit involving dispute over gift to non-profit organization from a decedent’s estate. SKO successfully negotiated a settlement for its non-profit client that resulted in the client receiving nearly the entire gifted amount.

  • Defense of Alleged Breach of Fiduciary Duty in an LLC

    SKO defended the majority member of a medical billing company from multiple claims of usurping corporate opportunities and breach of fiduciary duty. Counterclaims were filed against the plaintiffs alleging breach of fiduciary. The case was quickly settled on favorable terms to SKO’s client, resulting in the majority member being the sole owner of the company.

  • Defense of Majority Shareholder Against Breach of Fiduciary Duty Charges

    SKO defended a majority shareholder against multiple claims of breach of fiduciary duty, self-dealing and fraud stemming from multiple construction and land use projects. The case was litigated over the course of four years, with the plaintiffs eventually agreeing to settle the dispute for a small fraction of their demand.

  • Probate of Holographic Will

    Successfully settled a case on behalf of beneficiaries to a holographic will for a $4.5 million estate where the probate court had originally declined to admit the will to probate.

  • Major Electric Transmission Project

    Collaborated with a longtime electric utility client to plan and coordinate the acquisition of more than 100 parcels of real estate in three counties for a 41-mile electric transmission line. Our assistance began in the early planning stages of the project and carried through agreed-upon acquisitions, challenges to the right to condemn, appeals and valuation litigation.

  • Nuisance Claims

    The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).

  • Marcellus Joint Venture for Oil and Natural Gas Producer

    A joint venture for a major oil and natural gas producer’s Marcellus shale acreage; the producer to receive aggregate payments of $3.4 billion; SKO performed due diligence and prepared transaction documents.

  • Utica Joint Venture for Oil and Natural Gas Producer

    A joint venture for a major oil and natural gas producer’s Utica shale acreage; the producer to receive aggregate payments of $594 million; SKO performed due diligence and prepared transaction documents.

  • Premises Liability: Alleged Negligent Failure to Maintain Safe Business Premises

    Obtained a Summary Judgment dismissal on behalf of a manufacturing client, based upon Kentucky’s “Up the Ladder” defense. Plaintiff truck driver, who had slipped and fallen, claimed that the premises were not appropriately maintained.

  • Motor Vehicle Accident: Alleged Negligent Maintenance of Street Light

    Obtained a unanimous defense jury verdict on behalf of a public utility. The plaintiff claimed that the utility failed to properly maintain a street light, which caused a motor vehicle accident. This is the first and only case of its kind to be tried to a jury in Kentucky, subsequent to decision by Kentucky Supreme Court allowing such causes of action.

  • Product Liability: Negligent Design, Manufacture, and Maintenance of Heavy Equipment

    Successfully represented the estate, widow, and children of a farm employee killed while operating heavy machinery. Matter settled for policy limits prior to filing suit.


    • The Probate Process from Start to Finish, National Business Institute, CLE, Presenter, 2021
    • Kentucky Employment Law Update Seminar, Speaker, 2007
    • SKO Hemp Seminar, Oct. 29, 2019
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