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Mark D. Feczko

Partner
+1.412.355.6274
Fax +1.412.355.6501
Mr. Feczko is a partner in the Commercial Litigation and Energy, Infrastructure and Resources practice groups. His practice is concentrated in complex litigation in a number of different areas, with an emphasis on oil and gas disputes. He has represented natural gas producers and pipeline companies in litigation involving lease disputes, development obligations, royalty and bonus payment class actions, contamination claims and land use. He has extensive litigation experience in all aspects of discovery, trial preparation and trial, and he has handled numerous arguments, hearings, mediations, arbitrations, non-jury and jury trials and appeals in federal and state courts throughout the country.

Achievements

  • AV Rating in Martindale-Hubbell
  • Pennsylvania Super Lawyer - 2014, 2015, 2016
  • Best Lawyer for Product Liability Litigation-Defendants - 2014, 2015, 2016
  • Colonel William J. Hoynes Award (graduating first in law school class)

Speaking Engagements

  • Lone Pine or Folk Lore?  A Survey of Case Developments Regarding Lone Pine Orders in Oil and Gas Litigation,” presented at the Energy & Mineral Law Foundation’s 35th Annual Institute, June, 2014
  • “The Courts: Recent Developments and Looming Challenges,” presented at K&L Gates’ Fifth Annual Appalachian Basin Oil & Gas Seminar, April, 2012
  • “Litigation in the Marcellus Shale: Well Development, Leases, Royalties and Zoning,” presented at K&L Gates’ Fourth Annual Appalachian Basin Oil & Gas Seminar, April, 2011.
  • “Update on Litigation in the Marcellus Shale: Royalties, Bonuses and Local Regulation,” presented at K&L Gates’ Third Annual Appalachian Basin & Oil Gas Seminar, April, 2010.
  • “Damages in a Death Case-Wrongful Death and Survival Actions,” presented at Pennsylvania Bar Institute continuing legal education seminar entitled “Damages: Tactics in Personal Injury and Death Cases,” November, 1999.

Oil and Gas

  • Trial counsel for oil and gas producers in defense of claims in federal and state courts alleging groundwater and other contamination.
  • Trial and appellate counsel for oil and gas producers in defense of class and individual actions in federal and state courts regarding royalties and bonus payments. Obtained dismissals on motions to dismiss in several of the cases.
  • Trial and appellate counsel for oil and gas producers in lease termination dispute in state court regarding development obligations and commencement of operations.
  • Trial and appellate counsel for oil and gas producers in defense of lease termination dispute in federal court. Obtained dismissal of lawsuit on motion to dismiss based on issue of first impression in Pennsylvania regarding change in ownership provision of lease at issue.
  • Trial counsel for oil and gas producer in lease termination dispute in federal court regarding development obligations. Obtained dismissal of lawsuit on summary judgment.
  • Trial counsel for oil and gas producer in injunction proceeding in federal court regarding right to conduct operations.

Product Liability/Commercial

  • Trial and appellate counsel for steel manufacturer in defense of breach of contract suit in federal court arising out of dismantling of steel mill. Obtained defense jury verdict and affirmance from Court of Appeals.
  • Trial counsel for industrial gas supplier in claims involving breach of contract, interference with contractual relations and theft of trade secrets in state court. Obtained defense jury verdict on plaintiff’s claims and significant jury award for client on counterclaims.
  • Trial and appellate counsel for manufacturer of forklift in defense of serious injury and wrongful death product liability claim brought in federal court. Obtained unanimous defense jury verdict in multi-week trial and affirmance from Court of Appeals. Plaintiff sought in excess of $10 million in damages, plus attorneys’ fees.
  • Trial co-counsel for distributor of electrical products in defense of claim in state court seeking $52 million in damages arising out of fire at steel mill involving six-week jury trial.
  • Trial and appellate counsel for manufacturer of heavy machinery, including metal slitting and processing equipment, in defense of personal injury suits in numerous federal and state courts alleging serious injury from work site accidents. Obtained summary judgment or dismissals in several of the cases.
  • Trial counsel for manufacturer of electrical controls and heaters in defense of suits in numerous federal and state courts claiming personal injury, wrongful death, fire and property damage due to alleged product failures. Obtained summary judgments and voluntary dismissals in many of the cases.
  • Trial counsel for manufacturer of hot water heater in defense of product liability, personal injury and property damage suit in federal court arising from explosion and fire in personal residence.
  • Trial counsel for manufacturer of cut-to-length line in defense of product liability, wrongful death claim in state court arising from decedent operator’s failure to lock-out and tag-out the machine prior to doing maintenance.
  • Trial counsel for component part manufacturer of riding mower in personal injury product liability action in state court.
  • Trial counsel for component part manufacturer of window in personal injury product liability action in state court.