Mark T. Hayden

Mark is a leading trial lawyer who has led over 40 trials to verdicts and arbitrations to award. He focuses his practice on personal injury and business disputes litigation, with a particular expertise in the areas of wrongful death, products liability, competitive practices/unfair competition, insurance, medical malpractice, construction litigation, complex commercial litigation, and mediation.

Mark is also a trained mediator. He attended and completed the Mediation Skills Training Program at Northwestern University, Chicago, IL in Summer 2020 and the Ohio Supreme Court’s Fundamentals of Mediation Program in Winter 2021. He also serves as a volunteer mediator for the S.D. of Ohio Attorney-Based Mediation program.

For four decades, Mark has been delivering results to clients. At the young age of 28, Mark obtained one of the largest soft tissue, slip and fall jury verdicts in the history of Kentucky against a major grocery chain for $305 thousand. Five years later, at age 33, Mark obtained a $2.5 million jury verdict against a major car manufacturer in a case defended by a nationally renowned trial attorney, William Grubbs. Before he turned 40, Mark was co-lead trial counsel for Plaintiff in one of the largest jury verdicts in Kentucky, a $41 million verdict against a financial services firm. In a 2010 case, featured on Court TV, Mark successfully co-led a 15-lawyer trial team in Delaware Chancery Court that defended the right of franchisees to control the U.S. marketing of a major fast food chain. Mark was co-counsel for the plaintiffs in the multi-district litigation water contamination case, featured in the critically acclaimed movie, “Dark Waters.” And recently, Mark served as counsel for defendant Derby Industries and successfully resolved numerous claims arising from the GE Appliance Park fire, the largest fire in Louisville’s history.

Prior to joining Taft, Mark served for 10 years on his firm’s Executive Committee, including three years as Deputy Chairman of the firm. Mark is a former elected county commissioner and has been named to the Tri-State Power 100 multiple times. He received his law degree, cum laude, and did his undergraduate work at Indiana University at Bloomington.

• Lead counsel for defendant in breach of contract claim, Rock Hill Associates v. INEOS, 20-cv-6508, Franklin County, Ohio.
• Lead counsel for defendant in personal injury and insurance coverage dispute, Hector Juarez v. Great River Industries, LLC., 2021RCCV00304, Richmond County, Georgia.
• Lead counsel for plaintiff in medical malpractice wrongful death case, Estate of Donald Messer v. Riverview Health Institute, LLC., 2018-cv-02108, Montgomery County, Ohio
• Co-counsel for defendant in a patent infringement case, UCB, Inc. v. Catalent Pharma Solutions, 5:21-cv-00038, U.S. District Court, Eastern District of Kentucky.
• Counsel for Defendant Derby Industries in the GE Appliance Park fire, Factory Mutual Insurance Company v. Derby Industries, LLC, 3:17-cv-198, U.S. District Court, Western District of Kentucky.
• Lead counsel for defendant in stamping machine product liability claim, Shobe v. Faurecia Automotive Seating, 3:19-cv-384, U.S. District Court, Western District of Kentucky.
• Lead counsel for defendant in class action and arbitration claims, Bindas v. Suburban Propane, 01-19-0001-7448, AAA Arbitration.
• Lead counsel for plaintiffs in truck accident triple wrongful death claim, Odell v. Warren, 18-CI-00191, Nelson County, Kentucky.
• Lead counsel for plaintiff in breach of contract claim, Intuitive Surgical v. Midbrook, 2:17-cv-10391, U.S. District Court, Eastern District of Michigan.
• Lead counsel for plaintiff in bicycle wrongful death claim, Rust v. Sickle, 1704108, Hamilton County, Ohio.
• Co-counsel for plaintiffs in drinking water contamination cases, I. DuPont de Nemours and Company, 2:13-md-2433, U.S. District Court, Southern District of Ohio.
• Lead counsel for plaintiff in automobile wrongful death claim, Crawford v. Bernhardt, 1:17-cv-00463, U.S. District Court, Southern District of Ohio.
• Lead counsel for plaintiff in medical practice dissolution claim, Emami v. Schiller, A1602606, Hamilton County, Ohio.
• Lead counsel for plaintiff in medical products breach of contract claim, Haag-Streit v. Alcon Laboratories, 16-CV-88562, Warren County, Ohio.
• Lead counsel for plaintiff in breach of contract and intellectual property claim, Antiop v. Reckitt Benckiser Pharmaceuticals, 16-cv-00051, U.S. District Court, Eastern District of Kentucky.
• Co-counsel for defendant in breach of contract and fraud claim, In re: Pilot Flying J. Rebate Litigation, MDL Docket No. 2515, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for defendants in employment non-compete claim, Ethicon Endo-Surgery v. Lang and Intuitive Surgical, A1205727, Hamilton County, Ohio.
• Lead counsel for defendant in construction product wrongful death product liability claim, Collins v. Plug-It Products, 2:12-cv-00190, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for defendant in complex derivatives swap case, Hart v. Fifth Third Bank, 09-CI-001191, Jefferson County, Kentucky.
• Lead counsel for defendants in construction dispute, Dugan & Meyers v. Corporex and The Ascent at Roebling Bridge, 07-CI-3886, Kenton County, Kentucky.
• Lead counsel for defendant in construction dispute, Superior Steel v. Corporex, 08-CI-1309, Kenton County, Kentucky, 2012-CA-000441, Kentucky Court of Appeals, 2017 WL 6380218, Kentucky Supreme Court.
• Lead counsel for plaintiff in swimming pool wrongful death case, Estate of Smith v. Lakota Hills Homeowners Association, CV-2010-12-5067, Butler County, Ohio.
• Co-lead counsel for plaintiff in breach of contract claim over control of marketing for Kentucky Fried Chicken, Kentucky Fried Chicken Franchisees v. Kentucky Fried Chicken Corporation, 2010 – C.A. No. 5191-VCS, Court of Chancery, State of Delaware.
• Counsel for defendant in medical malpractice claim, Heinrich v. Select OB/GYN, 06-CI-02827, Kenton County, Kentucky.
• Counsel for defendant in medical malpractice claim, Estate of Gibson v. Dr. Steven Willet, 08-CI-00454, Campbell County, Kentucky.
• Lead counsel for defendant in paper mill copyright and trademark claim, Jedson Engineering v. Spirit Construction, 1:08-cv-413, U.S. District Court, Southern District of Ohio.
• Lead counsel for defendant in $70M breach of coal supply contract claim, American Coal Company v. Emerald International, 51-198-Y-00058-09, American Arbitration Association.
• Lead counsel for defendant in wrongful discharge claim, Boon Ping Lim v. R.A. Jones, 07-CI-0001, Kenton County, Kentucky.
• Lead counsel for defendant in construction product liability claim, Corter v. International Paper, Index No. 4591/06, County of Orange, Supreme Court of the State of New York.
• Lead counsel for plaintiff in lawnmower multi-million dollar breach of contract, fraud and trademark claim, GPP v. MTD Products, 1:06-cv-143, U.S. District Court, Southern District of Ohio.
• Lead counsel for plaintiff in breach of contract and fraud claim, CDB Bell v. DMR Pizza, 03-CI-3618, Jefferson County, Kentucky and 2007-CA-001608 and 2007-CA-001692, Kentucky Court of Appeals.
• Lead counsel for plaintiff in breach of contract claim, Bell County Fire Department v. Bell County Fiscal Court, 6:07-cv-209, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for plaintiff in breach of contract and fraud claim, Dan Shirley v. The Estates at Wiedemann Mansion, 95-CI-3221, Campbell County, Kentucky and 2007-CA-001031, Kentucky Court of Appeals.
• Lead counsel for defendant in wrongful discharge claim, Oakes v. Performance Management Group, A0406142, Hamilton County, Ohio.
• Lead counsel for plaintiff in multi-million dollar breach of contract claim, Eljay v. Precision Tool, Die & Machine, 3:99-cv-400, U.S. District Court, Western District of Kentucky.
• Counsel for defendant in CNC machine product liability claim, Ronnie Messer v. Mazak Corp., A9905270, Hamilton County, Ohio.
• Co-lead counsel for plaintiff in $40M breach of contract and fraud claim, Corporex v. Raymond James, 2:98-cv-014, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for defendant in premises liability claim, Varney v. SuperAmerica, 98-CI-1723, Pike County, Kentucky.
• Co-lead counsel for defendant in gun product liability claim, Haymaker v. Connecticut Valley Arms, 97-28, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for defendant in riding lawnmower multi-million dollar product liability claim, Marksberry v. Sears, Roebuck, 89-CI-860 and 90-CI-332, Boone County, Kentucky.
• Lead counsel for defendant in auto accident personal injury claim, Ungerbuehler v. McMenama, 94-CI-2175, Fayette County, Kentucky.
• Co-counsel for defendant in medical malpractice claim, McDowell v. St. Luke Hospital, 92-CI-01244, Campbell County, Kentucky.
• Co-lead counsel for defendant in construction bid dispute over Kenton County Courthouse Project, Wessels v. Corporex, 96-CI-2041, Kenton County, Kentucky, Kentucky Court of Appeals and Kentucky Supreme Court.
• Lead counsel for plaintiff in employment non-compete claim, Snow Filtration v. Cliatt, 1:96-00279, U.S. District Court, Southern District of Ohio.
• Lead counsel for defendant in swimming pool multi-million dollar product liability claim, Brown v. Palm Pools, 94-CI-0542, Warren County, Kentucky.
• Lead counsel for plaintiff in automobile accident personal injury claim, Cantell v. Kees, A9310088, Hamilton County, Ohio.
• Lead counsel for defendant in premises liability claim, Gary v. SuperAmerica, 95-CI-1148, Fayette County, Kentucky.
• Co-lead counsel for defendant in multi-million dollar product liability claim, Stanley v. Clark Forklifts, 92-CI-4319, Fayette County, Kentucky.
• Lead counsel for defendant in breach of contract claim, Gallmann v. Mathis, 90-CI-202, Russell County, Kentucky.
• Lead counsel for plaintiff in automobile multi-million dollar product liability claim, Maxedon v. Volkswagen, 90-CI-028, Jessamine County, Kentucky.
• Lead counsel for defendant in consumer product product liability claim, Howell v. Heinz Pet Products, 91-291, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for defendant in construction product liability claim, Clycan Alpha v. Facile Technologies, 89-CI-2268, Fayette County, Kentucky.
• Co-lead counsel for defendant in wrongful death medical malpractice claim, Holts v. HealthAmerica, 87-CI-4002, Fayette County, Kentucky.
• Co-lead counsel for defendant in breach of contract claim, National By-Products, Inc. v. Miles Pope, 86-207 and 86-397, U.S. District Court, Eastern District of Kentucky.
• Lead counsel for plaintiff in premises liability claim, Wallingford v. Kroger, 85-CI-0008, Mason County, Kentucky and 761 S.W.2d 621, Kentucky Court of Appeals.

• “Ethics,” NBI, Inc. “Winery and Vineyard Law” Seminar, Cincinnati, OH, December, 2018
• “Negotiating & Litigating the Damages: Plaintiff’s Tactics,” NBI, Inc. Seminar, Cincinnati, OH, October, 2018
• “Metadata Made Simple” and “Reviewing and Producing Electronic Evidence,” NBI, Inc. Seminar, Cincinnati, OH, August, 2018
• “Local Practice Tips in Personal Injury Cases” and “Current Developments in Ohio Personal Injury Law,” NBI, Inc. Seminar, Cincinnati, OH, June, 2018
• “Wrongful Death Litigation: Start-to-Finish,” NBI, Inc. Seminar, Cincinnati, OH, June, 2017
• OSBA Annual Ohio Legal Forum – “Introducing Your Case: Strategies for an Impactful and Effective Opening Statement,” Cincinnati, OH, April, 2016
• “Dirty Litigation Tactics: How to Deal with the ‘Rambo’ Litigator,” NBI, Inc. Seminar, Columbus, OH, July, 2015
• “Legal Ethics, Professionalism and Substance Abuse for the Ohio Practitioner – How to Avoid Grievances,” NBI, Inc. Seminar, Cincinnati, OH, December, 2012
• “Preparing for Voir Dire,” NBI, Inc. – Live Teleconference, June, 2012
• “Dirty Litigation Tactics: How to Deal with the ‘Rambo’ Litigation,” NBI, Inc. Seminar, Columbus, OH, April, 2012