Mark T. Clouatre 

Mark is a trial-tested attorney with extensive complex litigation experience both in and out of the courtroom.  He focuses his practice on commercial litigation, including franchise litigation.  He also handles product liability, toxic tort, malpractice defense, and general tort cases.  Mark has successfully tried more than fifteen complex cases before judges and juries in trial and appellate courts and before administrative agencies in seven states from Alaska to Ohio.  Mark also oversaw and managed the arbitration of over 400 matters in 48 states for one client in 2010.

A representative sampling of cases Mark has handled includes:

• Arbitrations for Chrysler Group LLC (48 states).  In December 2009, Congress passed a statute providing rejected dealers of the bankrupt Chrysler LLC the right to demand arbitration from Chrysler Group LLC despite the fact that the rejected dealers never were associated or had a contract with Chrysler Group LLC.  Four hundred eighteen of Chrysler LLC's rejected dealers demanded arbitration.  Mark managed and oversaw the arbitration process for the matters, all of which had to be completed within approximately 210 days of enactment of the statute.  Additionally, Mark personally arbitrated eight of the matters in Texas and California.
• Anchorage Chrysler Center v. DaimlerChrysler Motors LLC (Alaska).   Received complete, favorable judgment after six-week trial for major automotive manufacturer against dealer seeking over 15 million dollars in damages.  Successfully defended case on remand and now defending client on second appeal.
• Clutter Motors, Inc. v. DaimlerChrysler Motors Corporation (California).  Received complete, favorable decision for client in multi-week case involving contractual dispute with former franchisee which sought millions of dollars in damages.
• Larry Menke, Inc. v. DaimlerChrysler Motors Co. (California).  Obtained complete dismissal from trial court at demurrer stage after client had rejected plaintiff's attempt to purchase motor vehicle dealership.  Successfully defended win on appeal.
• Thompson v. DaimlerChrysler Motors Company LLC (California).  Successfully tried a case and obtained a favorable decision for a major automotive company which permitted client to terminate a former dealer.  Successfully defended win on appeal.
• Colorado Pathology Consultants v. PST Services and PST Products (Colorado).  Obtained a dismissal of and settled a contract-dispute case for a major provider of medical billing services.
• Navajo v. Volvo Trucks North America (Colorado).  Obtained complete summary judgment in a commercial dispute in which the plaintiff sought multi-millions of dollars in damages.
• Thunder Mountain v. Jims Machining (Colorado).  Obtained a judgment of over $1.2 million on counterclaim for breach of contract in this commercial dispute arising out of the plaintiff's non-payment of custom motorcycle parts.
• Streeter Imports v. Mercedes-Benz-USA, LLC (Nevada). Successfully defended a major automotive manufacturer during a multi-week trial in which client received a complete, favorable decision and authorization to terminate the franchise of a former franchisee.
• Kenwood Lincoln-Mercury, Inc. v. DaimlerChrysler Corporation (Ohio). Successfully tried and received complete, favorable decision for major automotive manufacturer. Client had been sued by franchisee alleging various breaches of contract and other business tort claims.
• Perez v. DaimlerChrysler Motors Company LLC (Texas). During trial, helped guide client to a successful settlement of a dispute with one of its franchisees which sought millions of dollars in damages.

Other Experience
Davis Graham & Stubbs, LLP
Fulbright & Jaworski, L.L.P.

Community Memberships Activities, and Honors
Finalist, 9News Leader of the Year Award, 2010
Denver Business Journal's Forty Under 40, 2006
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-present
    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
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

Teaching Positions
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
Southern Methodist University Dedman School of Law
    Trial Advocacy Program
        Instructor, 1994-1995

Personal Interests
Outdoor activities
Swimming
Triathlons