Mark J. Connot

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Mark J. Connot is a partner of the Firm practicing primarily in personal injury, products liability, business and commercial litigation, appellate litigation, real estate, and creditor’s rights and bankruptcy.

Mark was raised on a ranch in South Dakota. After a brief stint in the military, Mark received his Bachelor’s degree in Economics from South Dakota State University. He then attended the University of South Dakota School of Law, graduating with Sterling Honors. While studying for his law degree, Mark also received his M.B.A. After graduating law school, Mark clerked for the Honorable John B. Jones, Chief Judge, United States District Court, District of South Dakota.

Mark then spent 13 years in private practice in South Dakota where he was involved in a broad-based litigation practice in federal and state courts focused on representing plaintiffs in catastrophic injury and bad faith claims, as well as insurance companies, businesses, corporations, and creditors in products liability, drug/medical device, medical malpractice, insurance coverage and bad faith, workers compensation, employment, bankruptcy, and complex commercial matters, including shareholder/partnership disputes, collection matters, commercial transactions, real estate issues, and bankruptcy proceedings.

Mark represented minority shareholders/partner in dissolution of closely-held corporations and partnerships with assets in excess of $25 million. He has been lead counsel in over 35 jury and court trials, as well as second-chair in numerous jury trials. In addition to his private practice, Mark was appointed by the Oglala Sioux Tribal Council as a Justice of the Supreme Court of the Oglala Sioux Nation. Mark has represented various individuals and entities in Tribal Court matters ranging from partnership dissolution, employment and corporate matters, as well as personal injury claims.

Mark was elected President of the South Dakota Trial Lawyers Association in 2004 and he served on the Board of Governors of the South Dakota Trial Lawyers Association for 5 years. He has also served as Chairperson of the South Dakota State Bar Negligence and Tort Law Committee. Mark has presented various CLE seminars on insurance bad faith, punitive damages, and Daubert issues and has also been a frequent guest lecturer at law school classes and undergraduate business law classes.

Personal Background

Mark enjoys spending time with his wife, Anna, and their four children. He enjoys running, hunting, and outdoor activities. Mark has served on various non-profit boards, including United Way.

Language

English

Education

South Dakota State University
University of South Dakota

Related Practices

Admissions

Nevada
South Dakota

Representative Cases

Mark has tried numerous cases in state, federal and tribal courts, as well as in administrative tribunals.
First-chaired one-week jury trial, and successfully defended State Cement Plant Commission against claims involving negligence, breach of implied warranty of merchantability and fitness for a particular purpose, and fraud and deceit. Case was appealed and South Dakota Supreme Court affirmed jury verdict. Published decision can be found at Diamond Surface, Inc. v. State Cement Plant Comm’n, 583 N.W.2d 155 (SD 1998).
Represented corporation regarding indemnification claim by officers and directors for $26.4 million in damages and attorneys fees in the amount of approximately $430,000. Trial court ruled officers and directors were not entitled to indemnification. South Dakota Supreme Court reversed and remanded on the shareholder’s underlying cause of action, and therefore reversed indemnification ruling. Case eventually settled.
Co-chaired court trial defending against declaratory judgment action for $1 million of underinsured motorist coverage. Solely responsible for handling case on appeal. Trial court held coverage existed. South Dakota Supreme Court reversed on appeal and held no coverage existed, thus finding client had no liability. Published decision can be found at South Dakota Public Entity Pool for Liability v. Winger, 566 N.W.2d 125 (SD 1997).
First-chaired jury trial of products liability claim resulting in significant damages award for client.
Co-chaired jury trial for insurance bad faith claims resulting in damages award for client.
Successfully represented defendant against claim for damages by plaintiff’s estate seeking to avoid exclusive remedy of worker’s compensation. Published decision can be found at Martin v. Alley Construction, 904 P.2d 828 (WY 1995).
First-chaired court trial asking court to declare rezoning “protest” statute unconstitutional. Trial court ruled statute was constitutional. Case was appealed, and South Dakota Supreme Court reversed trial court, declaring statute unconstitutional and unanimously overturning 18 years of prior case law holding statute was constitutional. Published decision can be found at Cary v. City of Rapid City, 559 N.W.2d 891 (SD 1997).
Represented insurance company in declaratory judgment matter seeking to exclude coverage. Trial court granted summary judgment, holding no coverage existed due to exclusions. South Dakota Supreme Court affirmed on appeal. Published decision can be found at Olson v. United States Fidelity and Guaranty Co., 549 N.W.2d 199 (SD 1996).
First-chaired numerous personal injury trials for clients and received verdicts in excess of $1 million.
First-chaired jury trial representing landowner in a condemnation case. Nevada Department of Transportation initially offered client $52,900. After several days of trial, and minutes before closing arguments to the jury, NDOT agreed to settle for $1.5 million, plus an adjacent parcel of property.
Successfully negotiated settlement of various plaintiff bad faith claims for amounts in excess of $1 million.
Successfully negotiated settlement of plaintiff medical malpractice cases for amounts in excess of $1.5 million.
Successfully negotiated settlement of medical device claims for aggregate total in excess of $2.5 million.