Significant Appellate Cases
- Timothy Wagner v. Gennaro J. Orrico,et al, 8th Circuit Court of Appeals, 8:94CV116. Large complex commercial litigation dealing with RICO, civil fraud and insurance receivership with the 8th Circuit Court of Appeals affirming Mr. Novotny’s client’s judgment in the amount of $50.1 million for his client.
- Hoffart v. Hodge, 5 Neb.App. 838, 567 N.W.2d 600. Complex medical malpractice case involving two appeals affirming twice jury verdicts in favor of Mr. Novotny’s clients and setting the standard for habit and routine evidence and scope of medical expert testimony standards.
- Chism v. Campbell,250 Neb. 921, 553 N.W.2d 741. Medical malpractice matter affirming a judgment in favor of Mr. Novotny’s client refining the establishment of the use of the doctrine of res ipsa loquitor in medical negligence case.
- Waite v. Carpenter,1 Neb.App. 321, 496 N.W.2d 1 and Waite v. Carpenter, 3 Neb.App. 879, 533 N.W.2d 917. Complicated series of six medical malpractice lawsuits establishing the doctrine of the unauthorized practice of law in this field upholding dismissal for Mr. Novotny’s clients.
- Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102. Involved medical negligence cases establishing in Nebraska the legal doctrine of not recognizing a cause of action for wrong birth of a viable child in favor of Mr. Novotny’s client.
- Stetson v. Silverman, 278 Neb. 389. Original mandamus action to the Nebraska Supreme Court establishing the standard for protection of Nebraska Department of Health and Human Services privilege of confidential investigation information for licensed health care providers.
Significant Jury Trial Experience
Mr. Novotny has taken approximately 78 cases to jury verdict in the areas of professional/ medical negligence, complex commercial litigation, personal injury, civil RICO, environmental, product liability real property issues, will contest, breach of contract, construction law, insurance coverage, agricultural law, employment law, FELA, crossing accidents and intellectual property. Representative cases include the following among others:
- Cardiac cases including missed heart attack, anti-arrhythmia medicines, cardiac nuclear tests, stress tests, cardiac enzyme tests, failure to diagnose cardiac disease.
- Civil RICO-insurance fraud
- Multiple medical negligence cases involving brain damage, death, surgical complications, obstetric issues among others.
- Automobile negligence
- Investment fraud, insurance fraud
- Product liability cases including appliance cases, fire, defective materials, defective construction.
- Insurance coverage issues
- Intellectual property including copyright infringement, trademark.
- Will contest
- Employment discrimination
- FELA injury
- Financial planner professional negligence defense
Mr. Novotny earned his J.D., cum laude from Creighton University School of Law where he was a member of the Moot Court Team and Moot Court Board of Directors. Mark received his undergraduate degree from the University of Nebraska at Omaha.
Admitted to Bar and Courts
Mr. Novotny is admitted to practice in law in all State and Federal Courts in Nebraska. He is also a member of the bars of the United States Supreme Court, United States Tax Court and the United States Court of Appeals for the Eighth Circuit. Mark has also been admitted to practice in the Federal District Courts in Arizona, Colorado, and Wisconsin.
Mr. Novotny is a member of the Nebraska State Bar Association, Omaha Bar Association, Nebraska Defense Counsel Association, Defense Research Institute, American Board of Trial Advocates and National Association of Railroad Trial Counsel.
Mr. Novotny was elected to the Nebraska State Bar Association Executive Council, District 2 in 2019. He is also a member of various Nebraska Judicial Nomination Commissions.
He is a Lifetime Fellow of the Nebraska Bar Foundation and was elected to the prestigious American Board of Trial Advocates in 2013. Mr. Novotny is AV rated by Martindale Hubbell (highest possible rating based upon peer review).
Mr. Novotny is a regular speaker on various areas of health care law, professional negligence, risk management, and compliance. Mark has been recognized by Best Lawyers in the fields of commercial litigation and medical malpractice law for defendants.
Defense Counsel of the Year by the Nebraska Defense Counsel Association
Lifetime Fellow of the Nebraska State Bar Foundation
Best Lawyers Recipient 2023 (2019, 2020, 2021, 2022)