Biography

Mark F. Itzkowitz is a highly experienced and well-respected trial attorney who protects the legal and Constitutional rights of Massachusetts and New York residents in civil litigation, particularly in cases involving crime victims’ rights, sexual assault/rape victims, wrongful death, discrimination, and civil rights violations, including police and official misconduct. 

He is known for seeking novel solutions to difficult and unresolved issues. Mark often has successfully pursued untested approaches and has tried variations of approaches that previously have not been successful.

His cases have been cited numerous times, and he has been quoted in several publications as a commentator on various cases, in addition to his own cases. Prior to establishing his own practice, Mark was a partner of Newman, Heineman & Itzkowitz, and previously Newman, Durso & Itzkowitz.

Practice Areas

  • Victims' Rights
  • Negligent Security
  • Wrongful Death
  • Premises Liability
  • Civil Rights
  • Discrimination
  • Personal Injury
  • General Tort Litigation
  • Civil Litigation
  • Appellate Advocacy

Admitted

  • Massachusetts
  • New York
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York

Honors & Awards

  • Top Lawyer, Boston Magazine, 2022
  • Super Lawyer, Massachusetts Super Lawyers, 2007, 2010-2021
  • AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®

Education

  • George Washington University, J.D.; 1983
  • Columbia University, B.A.; 1979

Member

  • National Crime Victim Bar Association

Representative Cases

  • In the Matter of the Estate of Slavin, 492 Mass. 551 (2023)
  • Helfman v. Northeastern University, 485 Mass. 308 (2020)
  • Sheffield v. Pieroway, 361 F. Supp. 3d 160 (D. Mass. 2019)
  • Harrington v. City of Attleboro, 2018 U.S. Dist. LEXIS 7828, 2018 WL 475000 (D. Mass. 2018)
  • Steele v. Kings Way Condo. Trust, 35 Mass.L.Rep. 141, 2018 Mass. Super. LEXIS 103 (Barnstable Super. Ct. 2018)
  • Ryan v. City of Malden, 91 Mass. App. Ct. 1132 (2017) (Table)
  • Sheffield v. City of Boston, 319 F.R.D. 52 (D.Mass. 2016)
  • Harrington v. Attleboro, 172 F.Supp. 3d 337 (D. Mass. 2016)
  • Sliney v. Previte, 473 Mass. 283 (2015)
  • Roe No. 1 v. Children's Hospital Medical Center, 469 Mass. 710 (2014)
  • Parsons v. Willette, 29 Mass.L.Rep. 312, 2012 Mass.Super.Lexis 12 (Middlesex Super. Ct. 2012)
  • Farrell v. Devenis, 39 M.L.W. 1 (June 6, 2011)('Lowell Jury Awards Record $2.25M in Concussion Suit')
  • Parsons ex rel. Parsons v. Town of Tewksbury, 26 Mass.L.Rptr. 555 (Middlesex Mass.Super.Ct. January 19, 2010)
  • Genereux v. Columbia Sussex Corp., 2008 WL 6605539 (D.Mass., April 10, 2008)
  • Walsh v. Comprehensive Addiction Programs, Inc., 72 Mass. App. Ct. 1112 (Table), further app. rev. denied, 452 Mass. 1106 (2008)
  • Fuller v. First Financial Insurance Company, 448 Mass.1 (2006)
  • Clough v. Brown, 59 Mass. App. Ct. 405 (2003)
  • In re: Pettey, 288 B.R. 14 (Bkrcy. D. Mass. 2003)
  • Papageorge v. Mothers Work, Inc., U.S. Dist. Ct. D. Mass. No. 03-CV-11193-JLT (2003)
  • Soriano v. City of Lawrence Police Dept., 12 Mass.L.Rptr. 565 (Essex Mass.Super.Ct. October 23, 2000)
  • U.S. v. Cadavid, 192 F.3d 230 (1st Cir., 1999)
  • Bagley v. Monticello Insurance Company, 430 Mass.454 (1999)
  • Pettey v. Belanger, 232 B.R. 543 (D. Mass. 1999)
  • McClure v. Town of East Brookfield, 1999 WL 1323628 (Worcester Mass.Super.Ct. March 11, 1999)
  • Galvao v. Gillette Co., 121 F.3d 695 (1st Cir., 1997) (Table)
  • U.S. v. Rose, 104 F.3d 1408 (1st Cir., 1997); U.S. v. Olude, 70 F.3d 110 (1st Cir. 1995) (Table)
  • Doe v. Boston Housing Authority, Suffolk Superior Court Civil Action No. 94-873 (1994)
  • Johnson v. Summers, 411 Mass. 82 (1991) cert. denied, 502 U.S. 1093, 112 S. Ct. 1166, 117 L.Ed.2d 412 (1992)
  • Doe v. DiTucci, Middlesex Superior Court No. 92-2370B (1992)
  • Markee v. Biasetti, 410 Mass. 785 (1991)
  • Doe v. White Hen Pantry, Inc., Middlesex Superior Court Civil Action No. 90-4061E (1990)
  • Narine v. Powers, 400 Mass. 343 (1987)
  • West v. Sears, Roebuck, 780 F.2d 169 (1st Cir., 1984)

Scholarly Writings & Lectures

  • Book chapter authored and updated, 'Tort Issues in Residential and Commercial Tenancies' in Litigating Residential Real Estate Disputes in Massachusetts (1d ed., 2d ed., 3d ed.), Massachusetts Continuing Legal Education (MCLE, Inc.), 2007, 2014, and 2023
  • Book chapter authored and updated, 'Tort Issues in Residential and Commercial Tenancies' in Residential and Commercial Landlord-Tenant Practice in Massachusetts (1d ed., 2d ed., 3d ed., 4th ed.), Massachusetts Continuing Legal Education (MCLE, Inc.), 2001, 2004, 2006, 2009, 2011, 2014, 2016, 2018, 2020, and 2022
  • Book chapter authored and updated, 'Lead Paint: Complying with Massachusetts Law' in Residential and Commercial Landlord-Tenant Practice in Massachusetts (3d ed., 4th ed.), Massachusetts Continuing Legal Education (MCLE, Inc.), 2016, 2018, 2020, and 2022
  • Book chapter co-authored with Rabbi Loel Weiss, 'Unholy Waters: How a Massachusetts Synagogue Found its Way to Shore after a Sex Abuse Scandal, a Prosecution, and a Lawsuit-As Narrated by the Synagogue's Rabbi and its Legal Counsel' in Amy Neustein (ed.), Tempest in the Temple: Jewish Community, Brandeis University Press, 2009
  • Book chapter authored and updated., 'Lead Poisoning Liability: The Plaintiff's Perspective' in Massachusetts Premises Liability, Massachusetts Continuing Legal Education (MCLE, Inc.), 1997 and 2004
  • Book chapter authored, 'Lead Paint Litigation from the Plaintiff's Perspective' in Comprehensive Premises Liability, Massachusetts Continuing Legal Education (MCLE, Inc.), 1996
  • Article co-authored, “Crimes of Violence and Civil Liability: The Negligent Security Case,” in A Survey of Massachusetts Law, 2 MATA Journal 22, Massachusetts Academy of Trial Attorneys