Mark A. Fuller

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]

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

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

Mark A. Fuller
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Mark A. Fuller
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