Mark A. Fuller

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Mark practices commercial litigation and co-chairs the firm’s appellate practice section, handling civil appeals in the state and federal courts.  For 25 years, he has represented clients in a wide variety of areas, including business torts and contracts, securities fraud, trade secrets, employment, professional malpractice,  officer and director liability, and real estate litigation.  Mark has been named a Best Lawyer by the Best Lawyers in America since 2009,   and is also recognized by Arizona’s Finest Lawyers.

Representative Cases

  • Represented Arizona businessman in a seven figure malpractice claim against a prominent Arizona accounting firm, resulting in a favorable confidential settlement before discovery.  [Watson v. Henry & Horne, LLP, No. CV2011-016084].
  • Lead counsel in United State 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)].
  • Successfully defended one of the largest home builders in the United States against a class action construction defect claim.  After successfully compelling individual arbitration of claims, Fuller defended the case through discovery, after which some plaintiffs were dismissed outright, and all remaining plaintiffs agreed to settlement involving minor repairs to some homes and no payment for alleged damages.  [Wright v. TM Homes of Arizona, Inc., No. CV2013-000771; AAA No. 76-20-1300-0243].
  • Lead counsel in Arizona Court of Appeals representing Chevron U.S.A. in multi-million dollar transaction privilege tax case against the Arizona Department of Revenue.  Fuller not only persuaded the Court to reverse the trial court’s decision, but also obtained an award of attorneys’ fees for Chevron.  [Chevron U.S.A., Inc. v. Ariz. Dep’t of Rev., 238 Ariz. 519, 363 P.3d 136 (App. 2015)].
  • Successfully represented local owner of medical condominiums in Arizona Supreme Court, upholding Court of Appeals’ opinion in their favor.  [Earle Investments, LLC v. Southern Desert Medical Center Partners, No. CV-17-0160-PR].
  • Successfully represented a client in a substantial trust case, obtaining a complete victory both in the trial court and in the Arizona Court of Appeals.  [Matter of estate of Ford, 2018 WL 326508 (Arizona Court of Appeals)].
  • Successfully defended an Arizona data business in litigation brought by Experian Information Systems, one of the largest corporations in the United States.  Experian sought more than $17 million in damages for alleged copyright infringement and misappropriate of trade secrets.  After Fuller and his team obtained summary judgment in the federal district court, the Ninth Circuit affirmed dismissal of the copyright claim, at which point Experian agreed to abandon the case in its entirety in return for a nuisance value payment of $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)].
  • Successfully represented Timber Mesa Fire and Medical District in overturning an Administrative Law Judge’s 90-page decision in its entirety, thus allowing Timber Mesa 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].
  • For more than 10 years, Mark represented the Royal Palms Resort, one of the top boutique resorts in the world, in a series of lawsuits filed by neighboring property owners over the Resort’s operations. The final case went to trial in 2012.  As lead trial counsel, Mark won a complete victory including payment of the Resort’s attorneys’ fees.
  • From 2008-2010, Mark represented clients in successfully defending appellate challenges to a $9.75 million jury verdict in a commercial contract case. [County of La Paz v. Yakima Compost Co., 224 Ariz. 590, 233 P.3d 1169 (App. 2010)].  The Arizona Supreme Court declined to review the decision, and the judgment was later paid in full, with interest, totaling more than $14 million.
  • Mark represented a leading law firm in obtaining dismissal of a multimillion dollar malpractice claim, and successfully defended the judgment on appeal.  [Goble v. Manning, 2011 WL 1376147 (Ariz. App. April 12, 2011)].
  • For more than 4 years, Mark represented clients in defending a trade secret case, ultimately obtaining dismissal of all claims and proceeding to trial on a counterclaim for abuse of process.  As co-lead trial counsel, Mark obtained a jury verdict of $11 million. [See “Jury Awards $11M to Former McKesson Rep,” Arizona Business Journal May 28, 2009].  The verdict was one of the largest in Arizona in 2009, and is believed to be the largest abuse of process verdict in history.
  • Mark represented the Arizona Department of Transportation in proceedings before the Arizona Court of Appeals and Arizona Supreme Court, successfully defending a challenge to the legality of more than 900 easements granted to the Department between statehood and 1967, which were improved with roads and highways forming an essential part of the state’s transportation infrastructure. The plaintiffs claimed that insofar as the easements were on State Trust Land, they violated the federal Arizona-New Mexico Enabling Act. The Supreme Court ultimately affirmed the trial court’s dismissal of the case. [Mayer Unified School Dist. v. Winkleman, 219 Ariz. 562, 201 P.3d 523 (2009)].
  • In 2007, Mark persuaded the Arizona Court of Appeals to reverse a trial court’s dismissal of his client’s commercial contract claims arising out of a large public construction project.  The case then settled on favorable terms.  [Aercon Florida, L.L.C. v. Ames Const., Inc., 2007 WL 5448139 (Ariz. App. Nov. 15, 2007)].
  • Over the course of more than 4 years, Mark represented the State of Arizona in defending two class actions and one individual action arising out of the infamous “alternative fuel” legislation that 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)].

Bar & Court Admissions

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

Associations & Memberships

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

Honors & Awards

  • AV Preeminent Peer Review Rating, Martindale-Hubbell
  • The Best Lawyers in America®, Commercial Litigation, 2009-2020; Appellate Practice, 2017-2020
  • Benchmark Litigation, Local Litigation Star - Arizona: Securities, 2015; Appellate, 2015-2016
  • Southwest Super Lawyers®, Business Litigation, 2015-2019
  • Arizona's Finest Lawyers, 2013

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