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Mark T. Clouatre

Partner

1400 Wewatta Street
Suite 500
Denver, CO 80202
mark.clouatre@nelsonmullins.com

Mark Clouatre has litigation experience both in and out of the courtroom. He focuses his practice on complex commercial litigation, including franchise litigation. He also handles product liability, toxic tort, employment, malpractice defense, and general tort cases. Mr. Clouatre's clients include nationally recognized automotive manufacturers, airlines, shipping providers, and professional service firms. Mr. Clouatre has...

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Mark Clouatre has litigation experience both in and out of the courtroom. He focuses his practice on complex commercial litigation, including franchise litigation. He also handles product liability, toxic tort, employment, malpractice defense, and general tort cases. Mr. Clouatre's clients include nationally recognized automotive manufacturers, airlines, shipping providers, and professional service firms. Mr. Clouatre has litigated more than 25 complex cases before judges and juries in trial and appellate courts and before administrative agencies in 11 states from Alaska to Florida. He also oversaw and co-managed, with one other firm, more than 400 arbitrations in 48 states during a seven-month span following the bankruptcy of a former automotive group. He personally arbitrated eight of the matters in California and Texas.

litigated more than 25 complex cases before judges and juries in trial and appellate courts and before administrative agencies in 11 states from Alaska to Florida. He also oversaw and co-managed, with one other firm, more than 400 arbitrations in 48 states during a seven-month span following the bankruptcy of a former automotive group. He personally arbitrated eight of the matters in California and Texas.

Mark Clouatre has litigation experience both in and out of the courtroom. He focuses his practice on complex commercial litigation, including franchise litigation. He also handles product liability, toxic tort, employment, malpractice defense, and general tort cases. Mr. Clouatre's clients include nationally recognized automotive manufacturers, airlines, shipping providers, and professional service firms. Mr. Clouatre has... litigated more than 25 complex cases before judges and juries in trial and appellate courts and before administrative agencies in 11 states from Alaska to Florida. He also oversaw and co-managed, with one other firm, more than 400 arbitrations in 48 states during a seven-month span following the bankruptcy of a former automotive group. He personally arbitrated eight of the matters in California and Texas.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Cases

  • Dependable Dodge v. FCA  (2016) – Represented FCA in a three-week trial involving a dealer’s claim of wrongful termination under the California statute.  Decision pending
  • Atkission v. FCA (2016) - Represented FCA in a one-week trial involving a dealer's wrongful termination claim under Texas statute. Decision pending
  • Hooman v. FCA (2016) - Represented FCA in a one-week trial in California involving a dealer's claim regarding an allegedly improper sales incentive audit. Decision pending
  • Sundin v. United Airlines (Colo. Ct. App. 2015) - Affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry-on bag on her head. The case involved multistate choice of law issues, and the Court of Appeals entirely adopted defendant’s position in affirming the trial court's prior dismissal of the lawsuit
  • Mathew Enterprise v. Chrysler Group (Cal. Super. Ct. Santa Clara Cnty. 2015) - Defense decision following a month-long California trial for Chrysler Group and Chrysler Realty in a five year, $50 million lawsuit including statutory, fraud, and contract claims
  • Century Motor v. FCA US (Mo. Ct. App. E.D.) - Appeal for FCA (Chrysler) in the Missouri Court of Appeals relating to a 2014 jury trial won for Chrysler. Following trial, the judge entered a declaration in favor of the plaintiff on one remaining count. The Court of Appeals reversed following defendant’s argument
  • Century Motor v. Chrysler (Mo. 2014) - Jury verdict for Chrysler Group LLC in a Missouri lawsuit involving an automobile dealer plaintiff claiming damages of tens of millions of dollars
  • Defended Chrysler Group against an automobile dealership's allegations of oppressive and unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance
  • Obtained summary judgment for Chrysler in a preemption case involving the award of future franchises
  • Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships. 187 of these Section 747 arbitrations were litigated, and, as directed by Congress, all resolved within seven months
  • Century Motor v. Ed Bergen (E.D. Mo. Bankr.; S.D.N.Y. Bankr.) - Defended 12 officers, directors, and employees of Chrysler LLC against claims brought by a rejected dealer relating to the 2009 Chrysler bankruptcy
  • In re Old Carco (S.D.N.Y. Bankr. 2009) - Dismissal of all claims by dealers in several states asserting that Chrysler Group LLC, which succeeded Chrysler LLC following its 2009 bankruptcy, was essentially obligated to assume the contracts of dealers that had been rejected by Chrysler LLC during bankruptcy proceedings
  • Larry Menke v. DaimlerChrysler, 90 Cal. Rptr. 3d 389 (2009) - Affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser
  • Thunder Mountain Custom Cycles v. Thiessen Products, 72 F.3d 604 (D. Colo. 2008) - Dismissal of claims against a manufacturer of high-end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, client was awarded more than $1 million on its counterclaim of payments owed
  • Thompson's Auto & Truck Center v. DaimlerChrysler (Cal. N.M.V.B. 2006) - Represented DaimlerChrysler before the California New Motor Vehicle Board in a protest filed by a dealer terminated for relocating without authorization. The Board upheld the termination, finding it was based upon good cause. Win affirmed on appeal
  • Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) - Defense judgment on remand by the Alaska Supreme Court in a case involving claims of misrepresentation and breach of contract against client DaimlerChrysler
  • Perez Investments v. DaimlerChrysler (Tex. D.M.V. 2005) - Guided client to a settlement during the trial of a multimillion-dollar damages claim brought by a franchisee
  • Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) - Defense judgment after a six-week trial for DaimlerChrysler against a dealer seeking more than $15 million in damages. Defended the case on remand and in two subsequent appeals
  • Larry Menke v. DaimlerChrysler (Cal.) - Dismissal from a California trial court at the demurrer stage after client had rejected the plaintiff's attempt to purchase a motor vehicle dealership. Defended the win on appeal
  • Navajo v. Volvo Trucks (Colo.) - Summary judgment in a commercial dispute in which the plaintiff sought millions of dollars in damages
  • Clutter Motors v. Antelope Valley Nissan (Cal. Los Angeles Cnty. Super. Ct. 2002) - Verdict for Chrysler in a bench trial involving tort and statutory complaints arising out of a failed buy-sell transaction involving multiple franchises
  • Kenwood Lincoln-Mercury v. DaimlerChrysler (Ohio Ct. App. 2002) - Defense decision for DaimlerChrysler in a suit brought by a dealer alleging various breaches of contract and other business tort claims
  • Streeter Imports v. Mercedes-Benz, 105 P.3d 818 (Nev. 2001) - Appeal of a trial court decision by the Nevada Department of Motor Vehicles & Public Safety that a dealer's unauthorized acquisition and sale of a new make of vehicle, distributed by our client but not covered under the existing dealer agreement, constituted good cause to terminate the dealer
  • Clutter Motors v. DaimlerChrysler (Cal. N.M.V.B. 2001) - Dismissal of a dealer's attempt to block a chargeback following a sales incentive audit, arguing that the California New Motor Vehicle Board did not have the authority to issue injunctive relief to a dealer that protested the chargeback
  • Colorado Pathology Consultants v. PST Services & PST Products - Represented a medical billing services client against breach of contract claims and reached a favorable settlement following trial but before the court issued judgment

Previous Professional Experience

  • Attorney at a Denver-based law firm
  • Attorney in the Dallas office of an international law firm
  • Southern Methodist University Dedman School of Law Trial Advocacy Program Instructor (1994-1995)

Educational Activities

  • Southern Methodist University Dedman School of Law
    • Teaching Assistant

Education

  • Southern Methodist University Dedman School of Law, JD, cum laude (1995)
    • President, SMU Law Review Association
  • University of Colorado, BS, Finance (1992)

Admissions

  • Colorado
  • Texas
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Colorado Judicial Institute
    • Chair, Board of Directors (2015-present)
    • Board of Directors (2013-present)
  • Faculty of Federal Advocates
    • Board of Directors (2011-2015)
  • ABA Forum on Franchising
    • Diversity Caucus Steering Committee (2013-present)
    • Liaison for the ABA's SOGI Commission (2013-present)
  • Center for Legal Inclusiveness
    • Community outreach committee (2008-present)
  • Denver Bar Association Foundation
  • Denver Bar Association
    • Doctor/Lawyer Program, Instructor (2004-2006)
  • Colorado GLBT Bar Association
    • Board of Directors (2015-present)
  • American Bar Association
  • Colorado Bar Association
  • National Institute for Trial Advocacy
    • Rocky Mountain Deposition Skills Seminar Instructor (2003-present)
    • Rocky Mountain Child Advocacy Training Institute Instructor (2006)
    • Rocky Mountain Regional Trial Skills Seminar Instructor (2005)
  • Denver Kids, Inc.
    • Past-Chairman (2011-2012)
    • Chairman, Board of Directors (2010-2011)
    • Board of Directors (2005-present)
  • The Wildlife Experience
    • Board of Directors (2007-2013)
  • Community Advisory Board (2006-2007)
  • Denver Active 20-30 Children's Foundation
    • Lifetime Member Award
    • Past-President (2008-2009)
    • President (2007-2008)
    • President-Elect (2006-2007)
    • Treasurer (2005-2006)
    • Secretary (2004-2005)
    • Board of Directors (2004-2007)
    • Member (2002-present)
  • Tennyson Center for Children
    • Board of Directors (2006-2007)
  • Downtown Denver Rotary Club (1998-present)
  • Ebert Elementary, Denver Public Schools Tutor
  • University of Colorado, Boulder, Colorado President's Leadership Class
    • Former Chairman, Alumni Advisory Board
  • Youth soccer and basketball coach
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