Since joining Faegre Baker Daniels in 1995, Mark Carpenter has focused his practice primarily on defending clients in product liability litigation, including class actions, with a particular emphasis on litigation involving agribusiness. In addition, Mark practices in the areas of insurance and commercial litigation, as well as contract and warranty drafting, negotiation and counseling. Since 1997, Mark has obtained summary judgment, dismissal, or trial defense verdict in 20 cases as first-chair lawyer.

Representative Experience

In the fall of 2010, Mark was part of a team that tried a 5-week spray drift case in Arkansas state court to a defense verdict in Burns et al. v. UCPA et al..  The jury rejected the claims of eight local cotton farmers, with more than 12,000 acres of allegedly injured cotton, who were seeking over $4 million in claimed yield loss and other related damages.  The trial represented one of the first of its kind, in which a jury has addressed claims of "localized pesticide drift" resulting in alleged "regional air contamination."  The defendants were formulators of various herbicide products containing 2,4-D that were applied to rice fields between 5 and 100 miles from the plaintiffs' cotton fields.  Defendants relied on air transport models showing that 2,4-D from legal applications made according to label directions could not have reached the plaintiffs' cotton fields in amounts sufficient to cause yield loss.   

Mark also tried a complex, 5½-week dairy production case in Winona, Minnesota, involving issues of cattle genetics and dairy health and nutrition.

From 2001 through 2004, he served as lead defense counsel in crop damage litigation in Florida comprising 15 separate cases. The litigation settled in March 2004, shortly after the client obtained favorable rulings from the court on various pretrial motions.

Published Opinions and Other Significant Cases

• Burns et al. v. Universal Crop Protection Alliance, et al., Circuit Court, Clay County Arkansas, CV-2009-51 (2010) 
• Burford v. Cargill, Inc., United States District Court for the Western District of Louisiana, Civil Action No. 05-0283. Currently represents Cargill in this putative national class action alleging fraud and breach of warranty claims based on dairy feed marketing practices.
• Braun v. E.I. du Pont de Nemours & Co., 2006 WL 290552 (D.S.D. Feb. 7, 2006)
• Sutton Ferneries, Inc. v. Pierson Supply Co., et al., 7^th Judicial Circuit Court, Volusia County, Florida, Case No. 2002-10266
• Kalmes Farms v. J-Star Industries, 2004 WL 114976 (D. Minn. Jan. 16, 2004)
• Netland v. Hess & Clark, Inc., 284 F.3d 895 (8th Cir. 2002)
• Sprietsma v. Mercury Marine, a Division of Brunswick Corp., 729 N.E.2d 45 (Ill. Ct. App. 2000) and 757 N.E.2d 75 (Ill. 2001)
• Hainlen v. Atofina Chemicals, Inc., 2001 WL 1781922 (S.D. Ind. Nov. 21, 2001)
• Gooch v. E.I. DuPont de Nemours & Company, 40 F. Supp. 2d 857 (W.D. Ky. 1998); 40 F. Supp. 2d 863 (W.D. Ky. 1999)
• Ackles v. Luttrell, 561 N.W.2d 573 (Neb. 1997)
• Ryan v. Brunswick Corp., 557 N.W.2d 541 (Mich. 1997)

Pro Bono

• Legal Access Point Clinic; Volunteer Lawyers Network for low-income persons
• Housing Advocacy Team; Volunteer Lawyers Network for low-income persons
• Appleseed – Participant in the report: A Continuing Storm: The On-Going Struggles of Hurricane Katrina Evacuees (2006)

Honors

• 500 New Stars, Lawdragon, 2006
• Minnesota Justice Foundation Outstanding Service Award for pro bono work, nominated in 2006
• Minnesota Rising Stars, 2001

Clerkships

• U.S. Court of Appeals, Fourth Circuit, Hon. James M. Sprouse, 1994–95

Legal Updates

• Defending Pesticides in Litigation (co-editor)
  Thompson and West (2003–08)