People: Mark Casciari, Partner

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Mark Casciari

Partner

Chicago
Direct: (312) 460-5855
Fax: (312) 460-7855
Mobile: (847) 414-4420
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Mark Casciari is a partner in the ERISA and Employee Benefits Litigation Practice Group.  Mr. Casciari regularly represents employers, plan sponsors, plans, plan administrators fiduciaries, and independent fiduciaries.  
 
Mr. Casciari has extensive class action experience, having defended more than 20 class actions, in nearly all of which he has served as lead defense counsel.  He also has represented defendants in many more multi-plaintiff cases.  Mr. Casciari has extensive experience with expert witness testimony, joint representation and joint defense agreements, and with all other aspects of complex litigation, including electronic discovery.
 
Mr. Casciari has practiced before the United States Supreme Court, Courts of Appeals, District Courts, the Department of Labor and Pension Benefit Guaranty Corporation, and state court and agencies in ERISA and other employee benefits cases.  He has tried many cases before federal and state judges and juries, administrative law judges, hearing officers and arbitrators.  He has taken or defended hundreds of depositions, including expert depositions.  He has served as lead counsel for the defense in private mediations and settlement conferences. 
 
Mr. Casciari  has been recognized as a leading lawyer for national ERISA Litigation Law in Chambers USA: America’s Leading Business Lawyers.  He is a frequent speaker on ERISA and employee benefits topics, and on the federal rules of civil procedure.
Mark Casciari is a partner in the ERISA and Employee Benefits Litigation Practice Group.  Mr. Casciari regularly represents employers, plan sponsors, plans, plan administrators fiduciaries, and independent fiduciaries.  
 
Mr. Casciari has extensive class action experience, having defended more than 20 class actions, in nearly all of which he has served as lead defense counsel.  He also has represented defendants in many more multi-plaintiff cases.  Mr. Casciari has extensive experience with expert witness testimony, joint representation and joint defense agreements, and with all other aspects of complex litigation, including electronic discovery.
 
Mr. Casciari has practiced before the United States Supreme Court, Courts of Appeals, District Courts, the Department of Labor and Pension Benefit Guaranty Corporation, and state court and agencies in ERISA and other employee benefits cases.  He has tried many cases before federal and state judges and juries, administrative law judges, hearing officers and arbitrators.  He has taken or defended hundreds of depositions, including expert depositions.  He has served as lead counsel for the defense in private mediations and settlement conferences. 
 
Mr. Casciari  has been recognized as a leading lawyer for national ERISA Litigation Law in Chambers USA: America’s Leading Business Lawyers.  He is a frequent speaker on ERISA and employee benefits topics, and on the federal rules of civil procedure.

Education

  • J.D., Boston College Law School, cum laude 

  • B.A., University of Southern California, magna cum laude, Phi Beta Kappa 
       studies at Universite' de Rouen, France

Courts

  • United States Supreme Court 
  • Illinois Supreme Court
  • Arizona Supreme Court
  • U.S. Courts of Appeals for the First, Third, Fourth, Sixth, Seventh, Eighth, Ninth and District of Columbia Circuits
  • U.S. District Courts for the District of Arizona, Disctrict of Colorado, Central District of Illinois, Northern District of Illinois (including its Trial Bar), Northern District of Indiana, Eastern District of Michigan, Western District of Michigan, District of Nebraska, Western District of Tennessee, Eastern District of Wisconsin, Western District of Wisconsin 
  • Supreme or lower courts, pro hac vice, of Alaska, Indiana, Minnesota, and Wisconsin

Affiliations

  • Fellow, American College of Employee Benefits Counsel
  • Fellow, College of Labor and Employment Lawyers
  • American Bar Association
  • Labor and Employment Law Section, Employee Benefits Committee; Litigation Section
  • Past Associate Senior Editor, Employee Benefits Law Treatise 
  • Federal Bar Association

Representative Engagements

Supreme Court ERISA Cases
  • LaRue v. DeWolff, Boberg & Assoc., No. 06-856 (ERISA remedies) (amicus representation of the U.S. Chamber of Commerce and the Financial Services Roundtable (FSR)) 
  • Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003) (ERISA preemption) (amicus representation of Society of Human Resource Management (SHRM))
Representative Employee Benefits Class Actions
  • Bland, et al. v. Fiatallis NorthAmerica, Inc., et al., No. 02 CV 69 (N.D. Ill.) (retiree medical benefits)
  • Carney, et al. v. CNH Health & Welfare Plan, et al., No. 04 CV 002128 (Milwaukee, WI County Cir. Ct.) (retiree life insurance) 
  • CenTra, Inc. v. Central States Pension Fund, 578 F.3d 592 (7th Cir.) (successful withdrawal liability arbitration counsel)
  • Colesberry, et al. v. Ruiz Food Products, Inc., et al., CIV-F-04-5516 (E. D. Calif.) (ESOP)
  • Feinberg, et al. v. RM Acquisition, LLC, 629 F.3d 671 (7th Cir.) (ERISA 510)
  • Folck, et al. v. Farmers Group, Inc., et al., No. 09-2116 (C.D. Cal.) (profit sharing/overtime)
  • Gentile, et al. v. Municipality of Anchorage, 922 P.2d 248 (Alaska S. Ct.) (public sector retiree health)
  • Goldiner, et al. v. Datex-Ohmeda Cash Balance Plan, No. CV-07-2081 (W.D. Wash.) (cash balance)
  • Hakim, et al. v. Accenture U.S. Pension Plan, 718 F.3d 675 (7th Cir.) (release)
  • Leahy, et al. v. Page Engineering Co., No. 89 C 9577 (N.D. Ill.) (retiree medical)
  • Martin, et al. v. Caterpillar Inc., et al., No. 1:07-CV-01009 (C.D. Ill.) (401(k) fees) 
  • Mauldin, et al. v. Wal-Mart Stores, Inc., 2006 U.S. Dist. LEXIS 85189 (Title VII and PDA medical benefits)
  • Pirro, et al. v. National Grid, et al., 2014 WL 1303414 (2d Cir.) (limitations)
  • Ruppert, et al. v. Alliant Energy Cash Balance Pension Plan, No. 3:08-CV-127 (W.D. Wisc.) (cash balance “whipsaw”) (reversed in relevant part, 726 F.3d 936 (7th Cir.))
Other Cases of Note
  • Administrative Committee of the Northrop Grumman Savings Plan v. Lankford, et al., No. 14-cv-00536) (D. Colo) (interpleader)
  • Bevel, et al. v. Higginbottom, et al., No. CIV 98-474-B (E.D. Okla.) (ESOP)
  • Bowman v. Georgia-Pacific LLC, No. 14-cv-1328 (M.D. Fla.) (retiree medical)
  • Central States Pension Fund v. Georgia-Pacific LLC, 639 F.3d 757 (7th Cir.) (withdrawal liability -- section 4204) 
  • Central States Pension Fund v. US Foods, Inc., 761 F.3d 687 (7th Cir. 2014) (withdrawal liability)
  • Dominick’s Finer Foods LLC v. UFCW Local 1546, No. 14-cv-3240 (N.D. Ill.) (withdrawal liability)
  • Estate of Laquon Nock v. John Hopkins Bayview Medical Center, N. 14-cv-01045 (D. Md.) (COBRA
  • Keach, et al. v. U.S. Trust Co., et al., 240 F.Supp.2d 832 (C.D. Ill.) (ESOP fiduciary breach - valuation company)
  • Laskin v. Siegel, 728 F.3d 731 (7th Cir.) (limitations)
  • Lauren B. v. Baxter International, Inc., No. 13-cv-07674 (N.D. Ill.) (Mental Health Parity Act)
  • Perez v. Gruber Systems, Inc., et al., No. 15-cv-4050 (C.D. Calif.) (ESOP)
  • Scott, et al. v. American Red Cross, et al., No. 1:05-cv-01284-AMD (D. Md.) (severance)
  • Stewart v. Caterpillar Inc., Non-Contributory Pension Plan, No. 14-cv-08667 (N.D. Ill.) (overpayment recoupment)
  • Teamsters Miscellaneous Employees Health & Welfare Trust Fund v. Dairyman’s Cooperative Creamery Association, et al., Alexis M. Herman, Secretary of the United States Department of Labor v. Victor L. Shada, et al., Nos. CIV-S-99-1775,  CIV-S-00-0583 LKK JFM, and related cases (E.D. Calif.) (fiduciary duty; state law claims)
  • Trustees of the Carpenters Pension Trust Fund of Northern Nevada, et al. v. Wurts & Associates, et al., No. CV-N-03-0293 (D. Nev.) (fiduciary duty; state law claims)
  • United States of America v. State of Illinois, a State of the United States of America; City of Aurora, a Municipality of the State of Illinois; and the Board of Trustees of the City of Aurora Police Pension Fund, No. 93 C 7741 (N.D. Ill.) (ADA disability pension)
Withdrawal Liability
  • Represented contributing employers on more than 60 multi-employer withdrawal liability assessments or contemplated assessments, requests for review, arbitrations and federal Court litigation, involving 14 different multi-employer pension funds

Faculty Positions

  • ACI National Forum on ERISA Litigation (2013-Present)
  • Northwestern University School of Law, Adjunct Faculty, Trial Advocacy (2003-2015) and Civil Discovery (2007)
  • University of Arizona, College of Law, Professor of Practice
  • (adjunct professor) Contemporary Issues in Employment Law (2016)