Marty is managing partner with over 40 years of trial practice. He is rated “AV” in Martindale Hubbell, and a member of the prestigious Federation of Defense & Corporate Counsel which selectively admits only the leading defense attorneys in the United States. Most recently Marty was selected as one of America’s Top 100 Civil Defense Litigators and America’s Top 100 High Stakes Litigators for cases having a value in excess of $2 million. Marty has been named a “Top 150 Attorney” and “Legal Elite” by Nevada Business Magazine, “Top Rated Lawyer” for in PI Defense: General in the Mountain States Super Lawyers, and a “Top 100 Litigation Lawyer” in the State of Nevada by the American Society of Legal Advocates. Marty has been also honored by selection to the American Bar Foundation which is limited to the top 1% of all attorneys in the United States. The firm has been designated as “GO TO” litigation law firm by our Fortune 500 clients. During his career Marty has been a lead counsel in complex mass tort litigation surrounding the Las Vegas Hilton and MGM Grand fires, and has throughout his career represented the interests of many of Las Vegas’ most prestigious Hotel, Bank, and Insurance Companies in commercial litigation, premises and products liability, professional malpractice, fraud, and insurance coverage/bad faith disputes. The firm’s outstanding litigation results are notable. As a result our continuing success, clients repeatedly designate the firm as their first choice in handling complex matters and high exposure litigation. Over the years Marty has obtained multiple defense verdicts for major hotel/casinos and insurers where the plaintiffs have sought millions of dollars in damages. The firms has also obtained favorable decisions in the 9th Circuit and Nevada Supreme Court which have reshaped and redefined the law.
Education
University of Denver, Honors Program Graduate (B.A., 1972)
University of the Pacific, McGeorge School of Law (J.D. 1977)(Omicron Delta Kappa; Traynor Society/Order of the Coif. Received National Best Brief Trophy among all American Law Schools in the 1976 Philip C. Jessup International Moot Court Competition, Washington, D.C.)
Bar Admissions
Nevada (1977)
United States District Court of Nevada (1978)
United States Court of Appeals, Ninth Circuit (1978)
United States Supreme Court (1985)
Post Graduate
Law Clerk to Justice E.M. Gunderson, Nevada Supreme Court (1977-78)
Associate Professor, Business Law, Clark County Community College (1981-82)
Associate Profession, Education Law, University of Nevada, Las Vegas (1996-97)
Community Service
Elected Trustee Clark County School District 1988-1992
President and Trustee Green Valley Little League 1993-1995
Awards
America’s Top 100 Civil Defense Litigators
America’s Top 100 High Stakes Litigators
AV Preeminent Rated Martindale-Hubbell for over 25 years
Super Lawyer by SuperLawyers Magazine
Selected Member of the Federation of Defense and Corporate Counsel, Co-Chair of Premises Liability Committee
Legal Elite – Top 150 Attorney in Nevada by Nevada Business Magazine
Top 100 Litigation Lawyer by American Society of Legal Advocates
Go To Lawyer by American Law Institute
Premier 100 Civil Trial Attorneys by the American Academy of Trial Attorneys
Rated 10 out of 10 by Avvo
Publications & Presentations
Defending Reptile Cases, Presented in Plenary to the FDCC (Feb., 2017)
How to Examine Expert Witnesses, FDCC Journal (March, 2015)
Applying Rules of Evidence: What Every Attorney Needs to Know (2012)
Advanced Evidence-Dealing With Hearsay (2012)
Trends in Hotel Security Law (2011)
Advanced Trial Techniques (2011)
Moderator: Civil Court Forum: Advanced Discovery and Trial Practice (2011)
Litigating the Uninsured & Underinsured Motorist Claim (2011)
Building Your Civil Trial Skills (2010, 2009, and 2008)
Dirty Litigation Tactics: How to Deal with the Rambo Litigator (2010)
Defending Hotel Security Claims (2008)
Advanced Trial Techniques (2008)
Managing Ethical Issues in Your Day-to-Day Practice (2007)
Legal Ethics in Nevada: Solutions for the Most Common Ethical Challenges (2005)
Practical Legal Ethics in Nevada (2004, 2003 and 1999)
Ethical Dilemmas For Insurance Defense Counsel (2003)
Evidence Preservation and Gathering Techniques (1999)
Security Issues for Hotels (1995)
Punitive Damages and Due Process (1991)
Professional Activities & Affiliations
Court-appointed Trial Judge Pro Tem (2005-Present)
Member, Southern Nevada Discipline Committee (1996-2010) (Committee Chair several times on evidentiary hearings regarding specific lawyers)
Anderson v. Mandalay Corp., 131 Nev. Adv. Op. 82, 358 P.3d 242 (2015)
New Horizon Kids Quest III, Inc., v. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 14 (2017)
Recent Accomplishments
Practice Area: Personal Injury • Defense settlement in favor of client. Plaintiff sued Hotel client for $35 million claiming injuries during performance of shows. After 3 years of litigation, plaintiff settled with a walk away and received nothing. M.C. v. MGM (2000)
Practice Area: Banking • Large settlement in favor of client. Represented millionaire client who had his credit destroyed by a misguided internal credit evaluation. After extended litigation, on the eve of trial Bank settled. Goodman v. _____ Bank (2001)
Practice Area: Business unfair competition • Injunctive relief and $800,000 settlement. Suit for damages and injunction for violation of covenant not to compete. Injunction obtained along with $800,000 settlement for business wrongfully taken. Goodman v. Curtis et. al. (2001).
Practice Area: Personal Injury • Defense and dismissal of a $35 million personal injury claim along with receiving defense award of related $4 million breach of stock option agreement. M_____ C______ v. MGM Grand (2001)
Practice Area: Construction & Development • Trial and confidential settlement in favor of client. Contractor built a building for client that did not follow plans and specs. The roof collapsed during a rain storm, and destroyed the contents.
Practice Area: Products Liability • Defensed $11 Million products liability claim for breach of warranty. Timet v. Globe Metallurgical (2006)
Practice Area: Premise Liability • Defensed $500,000 negligent security, personal injury and false arrest claim. Lopez v. Mandalay Bay (2007)
Practice Area: Defense of Security False Arrest Claim • Obtained favorable defense verdict of $4,600 where Plaintiff asked for $34M in false arrest and false imprisonment claim. Izquierdo v. Circus Circus (2008)
Practice Area: Wrongful Death • Obtained summary judgment in favor of defense in wrongful death matter. Tarter v. City Center (2009)
Practice Area: Personal Injury • Obtained a malpractice $550,000 award in binding arbitration against a chiropractor who failed to recognize signs of a herniated disc in plaintiff’s neck. Manipulation by the chiropractor caused rupture and resulted in need for immediate surgery. Ellenbrook v. Fallon (2010)
Practice Area: Business unfair competition/trade secrets • Injunction issued to prevent competition for a number of years. Suit by client against former executive who disparaged client and attempted to compete in violation of contract terms. Suit established Nevada law for violation of trade secrets statutes. Cashman v. Finkel (2010)
Practice Area: Medical Malpractice • Obtained confidential settlement in favor of client. Medical malpractice claim against physician who performed a blind paracentesis on a patient. By failing to use an ultrasound, the doctor perforated the patient’s bowel, leading to necrosis, and eventual death. Whetstone v. Wade (2014)
Practice Area: Professional Malpractice • Obtained $1 million good faith settlement from a broker who assisted in drafting an insurance application, which contained misrepresentations to acquire workers compensation insurance. Companion v. Sky High Sky Sports (U.S. District Court, 2015)
Practice Area: Contribution/Indemnity • Obtained summary judgment barring a party from seeking a multi-million dollar contribution and equitable indemnity claim against our client. DTC failed to properly perfect its rights to bring the claim under contribution statute and under equitable indemnity principles. DTC v. Fisher Sand & Gravel (District Court Clark County, 2015)(Aff’d by Nevada Supreme Court, 2017).
Reviews
By: T.R., General Counsel MGM Resorts International
Through my in-house positions, I have had the pleasure of hiring Marty as my outside counsel in several difficult matters over the past twenty plus years. When necessary, Marty can be the toughest of the tough. Marty’s depositions of difficult, adverse witnesses are the best I have ever seen. However, Marty also understands business operations and when it makes sense to find middle ground or a reasonable settlement based upon all of the facts. Marty’s legal and business recommendations are always sound and helpful. While I have been fortunate to not need to hire litigation counsel for any personal matters, if ever in that position, I would also retain Marty and I refer others to him and his firm often. I highly recommend Marty’s legal services.
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