PROFESSIONALS

Mark J. Sobczak

Partner
blank image Mark J. Sobczak
10 South Wacker Drive
36th Floor
Chicago, IL 60606, US

T: 312.585.1432 F: 312.585.1401
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Biography
BIOGRAPHY
A dedicated appellate advocate for more than thirteen years, Mark has briefed and argued appeals in state and federal courts throughout the country. 
He concentrates his practice in insurance coverage appeals and has extensive appellate experience in other areas of the law, including casualty defense, trucking, employment, statutory construction, and arbitration. Recognizing that the strongest appeal always stems from success at the trial court level, Mark serves as trial monitoring counsel in high-exposure cases to preserve error and posture the case for a successful appeal by preparing, motions in limine, jury instructions, and critical trial and post-trial briefs.

Memberships

  • Defense Research Institute
  • Illinois Appellate Lawyers Association
  • Illinois State Bar Association

Awards & Rankings

  • Fellow, Litigation Counsel of America
  • Illinois Super Lawyers® (Appellate), 2020 – 2024
  • Rising Star, Illinois Super Lawyers®, 2014 – 2019
  • Emerging Lawyer, Leading Lawyers Network

Outside Nicolaides

Mark enjoys music, golf, films, and spending his weekends with his wife and playing soccer with his two sons.

EXPERIENCE
  • On issues of first impression, successfully persuaded the North Carolina Supreme Court to adopt pro-rata allocation and an exposure trigger of coverage for long-tail bodily injury claims.
  • Secured reversal of an adverse summary judgment ruling against our client regarding the interpretation of a manuscript endorsement in another insurer’s policy as to the insured status of “supervisory personnel.”
  • Convinced the Ohio Court of Appeals to affirm summary judgment in favor of our client declaring it did not owe coverage under a claims-made policy for millions of dollars in environmental clean-up costs arising from the insured’s abandonment of a CRT recycling operation.
  • Prevailed in the United States Court of Appeals for the Seventh Circuit in securing affirmance of summary judgment in favor of our client declaring that it had no duty to defend or indemnify a materials supplier against allegations that it delivered non-certified lumber causing millions of dollars in “rip & tear” property damage.
  • Convinced the United States Court of Appeals for the Eighth Circuit to affirm a multimillion-dollar judgment in favor of our client based upon a batch clause endorsement in our client’s policy.
  • Secured affirmance of summary judgment in favor of our client declaring that it’s policy, part of a primary OCIP program, provided only a single $5 million completed-operations aggregate liability coverage limit, defeating another insurer’s argument that our client owed in excess of $300 million in coverage.
  • Successfully reversed a trial court's refusal to compel arbitration under the Federal Arbitration Act by persuading the Illinois Appellate Court that a contract did not require a particular arbitrator and therefore could not be set aside because of a particular arbitrator's refusal to serve.
  • Secured affirmance in Illinois Appellate Court of entry of summary judgment in favor of our client regarding underinsured motorist coverage for a police officer injured in an on-the-job motor vehicle collision.
  • In a case of first impression under the Illinois School Code, obtained affirmance of the trial court's dismissal of a taxpayer derivative suit against school district superintendent.
  • Represented insurer post-trial and on appeal in high-profile proceedings to rescind a settlement based on fraud and collusion during trial.
  • Successfully monitored and advised our excess insurer client regarding settlement of multiple wrongful death claims arising from a trucking accident.
  • Successfully monitored multiple wrongful death cases arising from a boating allision on Lake Michigan.
  • Obtained reversal in the Illinois Appellate Court of a grant of a new trial in a catastrophic personal injury action brought by a professional jockey injured during a race at our client’s facility.
  • Convinced the New York Supreme Court, Appellate Division, to reverse entry of summary judgment in favor of an insured developer seeking coverage for a personal injury suit brought against it by a severely injured construction worker. 
  • Successfully convinced the Illinois Appellate Court to uphold the dismissal of multi-million- dollar counterclaims filed by the estates of two deceased motorists in an interpleader action brought by an adverse insurer.
  • Secured reversal on rehearing in the Illinois Appellate Court of an order compelling our client to produce documents protected under the Illinois Mental Health and Developmental Disabilities Confidentiality Act.
NEWS & INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • A Guide to Illinois Postjudgment Motions, 105 Illinois Bar Journal 52 (March 2017) (co-authored)
  • An Analytical Framework: Evaluating, Negotiating, and Effectuating Settlements on Appeal, 58 No. 3 DRI For the Defense 51 (March 2016) (co-authored)
  • Oral Argument: What It Really Takes to “Please the Court”, 57 No. 10 DRI For the Defense 54 (Oct. 2015) (co-authored)
  • Ancient Duties, Modern Perspectives: Recent Developments in the Law of Maintenance and Cure, 89 Tul. L. Rev. 1135 (2015) (co-authored)          
  • Conducting the Employment Practices Audit, (IICLE, 2010 & Supp. 2013, 2020) (co-authored 2013 supplement and subsequent revisions to Chapter 7, entitled Antidiscrimination and Antiharassment Policies and Training)
  • Whistleblower Retaliation Claims in the Dodd-Frank Era: Defenses that Work and Defenses that Don't, 30 Corp. Counsel Rev. 281 (2012) (co-authored)
  • SLAPPed in Illinois:  The Scope and Applicability of the Illinois Citizen Participation Act, 28 N. Ill. U.L. Rev. 559 (2008)