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Mark A. Fuller
Shareholder

(602) 530-8185mark.fuller@gknet.com

For more than 35 years, Mark has practiced civil litigation and appeals, handling cases in a vast array of areas: business torts and contracts, constitutional law, securities fraud, trade secrets, state regulation, copyright, legal and medical malpractice, trusts, officer and director liability, real estate and construction, and Tribal affairs.

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Mark A. Fuller

Over the course of his long career, he has won an impressive number of significant rulings, judgments, and appeals in both state and federal courts, some resulting in landmark decisions on important legal issues of first impression.

REPRESENTATIVE CASES

  • Won a recent landmark ruling from the Arizona Supreme Court placing significant limitations on development impact fees imposed by cities and towns throughout Arizona. [Southern Arizona Home Builders Association v. Town of Marana, 522 P.3d 671 (Ariz. 2023)]
  • Represented the State of Arizona in obtaining dismissal of all claims in a class action challenging the constitutionality of Arizona’s unclaimed property laws, in which the plaintiffs sought recovery of approximately $1.6 billion. [Garza, et al. v. Woods, et al., No 2:22-cv-01310 (District of Arizona)]
  • Successfully challenged a major Arizona city’s effort to extend the period for paying down approximately $270 million in unfunded liabilities for the city’s police and firefighters’ pension benefits. [Board of Trustees of the Public Safety Personnel Retirement System v. City of Glendale, No CV 2020-006055 (Maricopa County Superior Court)] 
  • Served as lead counsel in the United States Supreme Court in successfully defending against an effort to overturn a Ninth Circuit decision affirming dismissal of claims arising out of construction and operation of the Grand Canyon Skywalk. [Grand Canyon Skywalk Dev., LLC v. ‘Sa” Nyu Wa Inc., 715 F.3d 1196 (9th Cir. 2013), cert. denied sub nom. Grand Canyon Skywalk Dev., LLC v. Grand Canyon Resort Corp., 134 S.Ct. 825 (2013)]
  • Represented Chevron U.S.A. in a multimillion-dollar transaction privilege tax case against the Arizona Department of Revenue, persuading the Arizona Court of Appeals to reverse the lower court’s decision against Chevron and obtaining an award of attorneys’ fees. [Chevron U.S.A., Inc. v. Ariz. Dep’t of Rev., 238 Ariz. 519, 363 P.3d 136 (App. 2015)]
  • Represented a leading national law firm in obtaining dismissal of a multimillion-dollar malpractice claim, and then successfully defended the judgment on appeal. [Goble v. Manning, 2011 WL 1376147 (Ariz. App. April 12, 2011)]
  • Represented one of the largest medical products providers in the country in defending protracted trade secret litigation in federal court, ultimately obtaining dismissal of all claims and proceeding to trial on his clients’ counterclaim for abuse of process. As co-lead trial counsel, Mark obtained a jury verdict of $11 million – one of the largest in Arizona that year, and appears to be the largest abuse of process verdict in history. [McKesson Medical-Surgical v. Caccavale, et al., No. CV04-1351; see “Jury Awards $11M to Former McKesson Rep,” Arizona Business Journal May 28, 2009]
  • Successfully defended two appellate challenges to a $9.75 million jury verdict in a commercial contract case. The judgment was later paid in full, with interest, totaling more than $14 million.[County of La Paz v. Yakima Compost Co., 224 Ariz. 590, 233 P.3d 1169 (App. 2010)]
  • Represented the Arizona Department of Transportation in defending a constitutional challenge to the legality of more than 900 easements granted to the Department between statehood and 1967, which together formed an essential part of the state’s transportation infrastructure. Mark obtained a ruling dismissing the case, and then obtained decisions affirming the ruling from both the Arizona Court of Appeals and Arizona Supreme Court, after which the United States Supreme Court declined to review the case. [Mayer Unified School Dist. v. Winkleman, 219 Ariz. 562, 201 P.3d 523 (2009)]
  • Served as co-lead counsel in successfully defending the State of Arizona in two class actions and one individual action arising out of the infamous “alternative fuel” legislation, which threatened to cost the State as much as $800 million. The defense was completely successful; the State won all three cases, two at the appellate level. [Baker v. Arizona Dept. of Revenue, 209 Ariz. 561, 105 P.3d 1180 (2005)]
  • Defended an Arizona data business in litigation brought by Experian Information Systems, one of the largest corporations in the United States, seeking more than $17 million in damages for alleged copyright infringement and misappropriation of trade secrets. Once the Ninth Circuit affirmed dismissal of the copyright claim, Experian agreed to abandon the case in its entirety in return for a token payment of just $25,000. [Experian Information Solutions, Inc. v. Nationwide Marketing Servs., Inc., United States District Court No. 2:13-cv-00618-SPL, 893 F.3d 11976 (9th Cir. 2018)]
  • Represented an Arizona fire district in overturning an Administrative Law Judge’s 90-page decision in its entirety, thus granting the fire district authority to provide emergency medical services throughout Show Low, Arizona, and its surrounding communities. [In the Matter of Timber Mesa Fire and Medical District dba Lakeside Fire District, No. 2017A-EMS-0007-DHS]. Five years later, Mark also represented the City of Casa Grande Fire Department in its successful effort to obtain State authority to provide 9-1-1 medical services within the city; after a 10-day trial, the Director of Arizona’s Department of Health Services ultimately granted the application in full. [In the Matter of City of Casa Grande Fire Department, 2022-EMS-0103-DHS]

ASSOCIATIONS & MEMBERSHIPS

  • State Bar of Arizona, Member
  • Maricopa County Superior Court, Past Judge Pro Tem

HONORS & AWARDS

  • AV Preeminent Peer Review Rating, Martindale-Hubbell
  • Best Lawyers in America®, Commercial Litigation, 2009-2025; Appellate Practice, 2015-2025
  • Benchmark Litigation, Local Litigation Star - Arizona: Securities, 2015; Appellate, 2015-2022
  • Southwest Super Lawyers®, Business Litigation, 2015-2025
  • Arizona's Finest Lawyers, 2013

News

  • 23 G&K Attorneys Recognized as 2025 Southwest Super Lawyers and Rising Stars - April 17, 2025
  • Best Lawyers in America® 2025 Recognizes 51 Gallagher & Kennedy Attorneys - August 15, 2024
  • 19 G&K Attorneys Selected to 2024 Super Lawyers & Rising Stars - April 8, 2024
  • Best Lawyers in America® 2024 Recognizes 52 Gallagher & Kennedy Attorneys - August 21, 2023
  • 18 G&K Attorneys Selected to 2023 Super Lawyers & Rising Stars - April 6, 2023
  • Best Lawyers in America® 2023 Recognizes 41 Gallagher & Kennedy Attorneys - August 18, 2022
  • 13 G&K Attorneys Selected to 2022 Super Lawyers & Rising Stars - April 7, 2022
  • Best Lawyers in America® 2022 Recognizes 37 Gallagher & Kennedy Attorneys - August 19, 2021
  • Gallagher & Kennedy Announces 14 Attorneys Selected to 2021 Southwest Super Lawyers and Rising Stars Lists - April 8, 2021
  • Best Lawyers in America® Recognizes 36 Gallagher & Kennedy Attorneys - August 21, 2020
  • Fourteen Gallagher & Kennedy Attorneys Selected for Southwest Super Lawyers 2020 - April 6, 2020
  • Gallagher & Kennedy Receives Top Accolades in the 2020 Edition of Benchmark Litigation - December 5, 2019
  • Best Lawyers in America® Recognizes 33 Gallagher & Kennedy Attorneys as Leaders in Their Field - August 15, 2019
  • Sixteen Gallagher & Kennedy Attorneys Selected for Southwest Super Lawyers 2019 - April 15, 2019
  • Gallagher & Kennedy Receives Top Accolades in the 2019 Edition of Benchmark Litigation - November 29, 2018
  • Best Lawyers in America® Recognizes 35 Gallagher & Kennedy Attorneys as Leaders in Their Field - August 15, 2018
  • Twenty-Two Gallagher & Kennedy Attorneys Selected for Southwest Super Lawyers 2018 - April 24, 2018
  • G&K Recognized in 2018 Best Law Firms and Benchmark Litigation - December 5, 2017
  • 35 Gallagher & Kennedy Attorneys Recognized as 2018 'Best Lawyers in America®' - August 16, 2017
  • 24 Gallagher & Kennedy Attorneys Named 2017 Southwest Super Lawyers - April 10, 2017
  • G&K Recently Recognized by Two Esteemed Legal Ranking Publications - November 10, 2016
  • 33 Gallagher & Kennedy Attorneys Named 2017 ‘Best Lawyers in America®’ - August 17, 2016
  • Twenty-Six G&K Attorneys Selected to 2016 Southwest Super Lawyers' List - April 11, 2016
  • G&K Attorneys Named to 2016 'The Best Lawyers in America®' List - August 17, 2015
  • Super Lawyers 2015 Recognizes 18 Attorneys - April 10, 2015
  • G&K Recognized as a Top Arizona Firm by 2015 Benchmark Litigation & Six Shareholders are Named 'Local Litigation Stars' for 2015 - October 27, 2014
  • G&K Attorneys Named to 2015 'The Best Lawyers in America®' List - August 18, 2014
  • Class-action Suit Filed in MCCCD Security Breach - May 3, 2014
  • Shareholder Mark Fuller Interviewed Regarding the MCCCD Security Breach - May 2, 2014
  • Shareholder Mark Fuller Comments on Class Action Lawsuit - May 2, 2014
  • Shareholder Mark Fuller Interviewed Regarding MCCCD Lawsuit - May 1, 2014
  • G&K Attorneys File Class-Action Lawsuit Against Maricopa County Community College District for 2013 Security Breach - May 1, 2014
  • 36 G&K Attorneys Named to 2014 Best Lawyers in America® List - August 15, 2013
  • Nearly Two-Thirds of G&K's Shareholders Named "Best Lawyers in America" - August 22, 2012
  • More Than Half of G&K's Shareholders Named "The Best Lawyers in America" - August 31, 2011
  • Half of G&K's Shareholders Named "The Best Lawyers in America" - August 4, 2010
  • Twenty-Eight G&K Attorneys Named "Best Lawyers in America" - August 3, 2009
Read More

PRACTICE AREAS

  • Appeals
  • Professional Liability
  • Public Bidding & Procurement
  • Litigation

Bar & Court Admissions

  • Arizona, 1988
  • U.S. District Court, District of Arizona, 1988
  • U.S. Court of Appeals, Ninth Circuit, 1988
  • U.S. Supreme Court, 2009
  • U.S. District Court, District of New Mexico, 2025

Education

  • Arizona State University
    J.D., magna cum laude, 1988
  • Arizona State University
    B.S., cum laude, 1985

Contact G&K

 

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Fax: (505) 983-8160
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