Mark Leadlove has experience in the areas of general commercial litigation, franchise litigation and property tax litigation. He also has experience in non-competition and intellectual property litigation. He practices in state and federal courts and before state administrative agencies, doing both trial and appellate litigation. Mr. Leadlove has also arbitrated claims.

Mr. Leadlove has represented financial institutions in cases involving numerous types of claims, including breach of contract, fraud, breach of fiduciary duty and similar allegations.  He has handled many cases involving complex commercial relationships – including representing financial institutions as plaintiffs to collect amounts due from creditors – as well as the counterclaims that arise from these cases.

Mr. Leadlove’s experience includes not only traditional commercial litigation claims, but also the litigating of franchise, non-competition and trade secret disputes. This litigation has included claims brought under both the general franchise protection statutes as well as the specific provisions of Missouri statutes concerning the sale and distribution of spirituous liquor and wine. Mr. Leadlove has defended manufacturers and wholesalers against claims raised by terminated distributors. Mr. Leadlove’s experience also includes litigating property tax and municipal tax issues, practicing before the State Tax Commission of Missouri and trial and appellate courts, as well as in private arbitrations.

Mr. Leadlove spent four years on active duty with the United States Army Judge Advocate General’s Corps, during which time he gained substantial experience as a trial lawyer. He also spent one year as a management consultant in the St. Louis area.

Select Representations

• Naegele v. Biomedical Systems, Inc., 2008 Mo. App. LEXIS 1577 (Oct. 28, 2008)(non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
• Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
• Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
• ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
• Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
• City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
• Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
• City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
• E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
• Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
• Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8^th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
• Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
• R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
• St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
• Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
• Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
• St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
• Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
• High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)

Bar and Court Admissions

Missouri, 1983

United States Army Court of Criminal Appeals

United States Courts of Appeals for the Armed Forces, and Eighth and Federal Circuits

United States District Courts for the Eastern District of Missouri, Southern District of Illinois and Western District of Michigan

Education

University of Pennsylvania, J.D., cum laude, 1983

Saint Louis University, B.S., magna cum laude, 1980