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Mark T. Hurst

Member, Louisville

Mark is a Member in Stoll Keenon Ogden's Louisville office and has been with the firm since 2006. He is co-chair of the Business Litigation practice group and also serves as the co-chair of the Trust & Estate Litigation practice. Mark is also a member of the Banking Litigation, Business Torts, Construction Law, Eminent Domain & Real Estate Litigation, Class Action and Tort, Trial & Insurance Services practices and he has served on the firm's Board of Directors. Mark's litigation experience ranges from representing Fortune 500 companies to small, locally owned businesses. His practice has included complex commercial disputes, class action litigation, fiduciary obligations, probate and estate litigation,  personal injury, non-compete enforcement and employment and discrimination law defense.

Mark is AV Preeminent® Peer Review Rated by Martindale-Hubbell®,  is listed in The Best Lawyers in America®, was named one of Louisville's Top Lawyers for Litigation by Louisville Magazine and is honored as a Kentucky Super Lawyer. He has first chaired trials in both federal and state courts, trying cases to both juries and judges.

Mark is a member of the Louisville, Kentucky and American Bar associations. Mark has previously served on and chaired the Board of Directors for Zoom Group, an organization devoted to helping adults with develpmental disabilities, as well as the Board of Directors for Actors Theatre of Louisville. He was named to Business First's Forty under 40 in 2010, being recognized as an up and coming business leader in the community. Mark is also a member of Leadership Louisville's Class of 2011. Mark enjoys spending time with his wife, Natasha, and their son, Freeman and Patton. Mark completed Louisville Ironman in 2011.

Education
University of Kentucky College of Law
2001, J.D.
University of Kentucky
1998, B.B.A., magna cum laude
Admissions
Georgia
Kentucky
Kentucky Court of Appeals
Kentucky Supreme Court
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Northern District of Georgia
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky

Recognition

  • Benchmark Litigation,  Top Litigator Under 40, 2016-2017 
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
  • Listed in Best Lawyers in America®, Commercial Litigation
  • Kentucky Super Lawyer, Business Litigation
  • 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
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Affiliations

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • American Inns of Court, Brandeis Chapter, barrister member, 2007-2010
  • Zoom Group, board of directors
  • Habitat for Humanity's Buildable House Program, firm representative
  • Legal Aid's "Ask a Lawyer" Program, volunteer
  • Leadership Louisville Class, 2011
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Work Highlights

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.

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.).

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.

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.

Related Practices: Mineral & Environmental Law

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.

Related Practices: Mineral & Environmental Law

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 street light, which caused a motor vehicle accident. This is 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.

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.

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.