Mark Gray earned an undergraduate degree from Centre College (B.A. 1987) and a Juris Doctorate from the University of Dayton (J.D. 1990). Since 1990, Mr. Gray has represented injured persons in a variety of personal injury claims. Early in his career, he began practicing in the area of class actions and complex multi-district litigation (“MDL”).
Background and Experience
For over 25 years, he has gained extensive experience in his representation of clients in complex litigation and has served in, or been appointed to, a leadership capacity for some of the nation’s largest class actions. Starting in 1992, Mr. Gray filed his first class action, which was a lawsuit involving 42 U.S.C. § 1983 for wrongful strip search in the case known as Eddleman v. Jefferson County Jail. Mr. Gray acted as co-lead counsel in this litigation, which resulted in a $12 million settlement. Shortly thereafter, Mr. Gray also served as co-lead counsel in a similar case involving 42 U.S.C. § 1983, known as Armstrong vs. Franklin County Jail. This case was resolved by settlement of $6 million.
Since the early 1990s, Mr. Gray has been involved with numerous complex litigation cases including, but not limited to, class action lawsuits involving anti-trust, consumer fraud, conspiracy, breach of fiduciary duty, contract, liability, negligence, and various other restraints of trade actions. Mr. Gray has continued to demonstrate his ability to work with large groups of litigants and counsel of record, who may all have varied interests, with the objective to effectively aid the Court and protect the interests of plaintiffs by litigating the case in a productive, efficient, and cooperative manner.
He has represented plaintiffs and served in leadership roles in various class action and multi-district litigation including, but not limited to the following:
- In Re: Managed Care Litigation, MDL No. 1334, where he served as a member of plaintiffs steering committee and principal litigator against Humana, resulting in billions of dollars of recovery by health practitioners against the six largest health providers
- In Re: Insurance Brokerage Antitrust Litigation, MDL No. 1663
- In Re: U.S. Foodservice, Inc. Pricing Litigation, where he served as one of the principal litigators, resulting in a $297 million dollar recovery
- MDL No. 1894, Fenwick v. Merrill Lynch & Co., Inc. where he acted as co-lead Counsel and principal litigator resulting in a $10 million dollar recovery for ERISA violations
- In Re: First Command Litigation, where he acted as principal litigator and co-lead counsel in broker-dealer securities fraud recovery in over $50 million dollars in relief to the class
- Whitworth v. Nationwide Insurance Company, where he served as Co-lead Counsel, securing a $58 million recovery for class of insured
- In Re: TKR Cable Tax Litigation, where he acted as Co-lead Counsel in a $12 million settlement for wrongful add-on tax by cable provider
- Love v. Blue Cross Blue Shield, where he served as principal litigator against Anthem resulting in settlement with 90% of Blue Cross Defendants and 130 million members and in excess of two billion dollars in practice charge relief
In addition, Mr. Gray was appointed liaison Counsel to the Court in the Countrywide data breach litigation before the USDC Western District of Kentucky. In 1999, Mr. Gray took to trial a medical malpractice/bad faith case reaching a jury reward of 13.1 million dollars. This verdict remains one of Kentucky’s largest injury verdicts.
Honors and Awards
Mr. Gray has been inducted as a Fellow in the International Society of Barristers, a fellowship of 650 active trial lawyers on both sides of the bar from the United States and around the World. He has also received the highest rating for legal abilities and adherence to professional ethics—“AV” by Martindale-Hubbell each year since first rated in 2000. He has been selected as one of the Top 500 Plaintiff Attorneys in America by Lawdragon Publication Rating Service and, at the time of publication, Mr. Gray was one of only six attorneys in the entire commonwealth of Kentucky to receive this honor. For two consecutive years, he has earned recognition among the Top 50 Attorneys in Kentucky by SuperLawyers.
Most recently, he was named a 2016 Top Lawyer by Louisville Magazine in the area of Class Action Law.
Mr. Gray frequently lectures, both regionally and nationally, in the areas of class actions, medical malpractice, and complex litigation. Following are some of his notable presentations:
- “Persuasion in Medical Negligence Actions,” Louisville Bar Association, November 1996
- “Settlement Methods and Proposals: View from the Plaintiff Perspective,” Kentucky Academy of Trial Attorneys, Auto Litigation Seminar, June 1997
- “Psychology Injury Mock Trial,” Kentucky Bar Association, Annual Convention, 1997
- “The Anatomy of an Eight Figure Verdict,” The Kentucky Defense Counsel, Inc. Annual Convention, December 1998
- “HMO Liability Claims,” American Trial Lawyers Association, Mid-Winter Convention, January 1999
- “HMO Liability,” American Trial Lawyers Association, Mid-Winter Convention, January 1999
- “Anatomy of an HMO Trial,” American Trial Lawyers Association, Annual Conference, San Francisco, July 1999
- “Financial Incentives in HMO Claims,” Mealey’s HMO Liability Conference, Phoenix, March 1999
- “Trial of a Medical Malpractice Claim,” Louisville Bar Association, March 2000
- “Litigation and Settlements of Class Action Claims,” Kentucky Justice Association, Spring Seminar, April 2000
- “Non-Traditional Tort Cases,” Kentucky Justice Association, June 2011
Professional Associations and Memberships
Mr. Gray is a member of the Kentucky Bar Association, Louisville Bar Association, Kentucky Association of Trial Lawyers, International Society of Barristers, Melvin M. Belli Society, American Bar Association, American Trial Lawyers Association, Class Action Trial Lawyers and Million Dollar Advocates Forum. Mr. Gray is licensed to practice before all state and federal courts in the Commonwealth of Kentucky. He is also licensed to practice before the United States Court of Appeals for the Sixth Circuit and United States Supreme Court.