About

Marty is managing partner with over 39 years of trial practice. He is rated "AV" in Martindale Hubbell, and a member of the prestigious Federation of Defense & Corporate Counsel. 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. 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 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.Examples of cases handled by Marty directly include:1) Timet v Globe Metallurgical: Defensed $11 million products liability claim for breach of warranty (2006);2) Lopez v Mandalay Bay: Defensed $500,000 negligent security, personal injury, and false arrest claim (2007);3) Izquierdo v Circus Circus: False arrest/false imprisonment claim asking for $34,000,000. Jury returned minimal verdict of $4600 (2008);4) M_____ C______ v MGM Grand: $0 settlement/defense of a $35,000,000 personal injury claim; and a defensed a companion $4 million dollar claim for breach of a stock option agreement in a separate arbitration (2001);5) Tarter v City Center: Summary judgment in favor of defense in wrongful death matter (2009);6) J.G. vs. ____ Bank: 7 figure settlement in favor of Plaintiff client in lender liability suit (2000);7) Ellenbrook vs. Fallon: $540,000 binding arbitration award to our client in chiropractic malpractice case (2005);8) Vegas V.P. vs Ace Weschester Ins: Summary judgment and 9th Circuit affirmance in favor of carrier against claimant of builders risk insurance (2009);9) In re: Las Vegas Hilton Fire: $50,000 settlement of $50 million claims for business interruption, 150 personal injuries, and 8 deaths in multiple suits on behalf of a "target" defendant (1985-1991);10) Estate of Smith vs. Mahoney's Silver Nugget: obtained summary judgment in favor of a hotel in a shooting death/negligent security case, and a landmark decision from the Nevada Supreme Court changing the law regarding the responsibility for random acts of crime (2011);11) Cashman Photo vs. Mark Finkel, obtained injunctive relief to prevent unfair competition by a former employee under the uniform trade secrets act and a separate contract. Nevada Supreme Court recently issued opinion affirming the issuance of the original injunction and defining the law for trade secrets violations (2012);12) Fayer vs. Mirage: defensed claim against hotel with affirmance in the 9th Circuit court of appeals where claimant sought damages for false arrest (2011);13) Rodriguez vs. Primadonna: defensed multimillion dollar claim by paralyzed youth who claimed that the hotel wrongfully evicted him and his drunken friends from the premises for disorderly conduct. Claimant was thereafter injured in a rollover accident when one of the drunken friends lost control of their car. Nevada Supreme court affirmed summary judgment by declaring the hotel had the absolute right to remove them from the premises (2008).Background: Admitted to the State Bar of Nevada, 1977; U.S.District Court of Nevada and U.S. Court of Appeals, Ninth Circuit, 1978; U.S. Supreme Court, 1985.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.; Law Clerk to Justice E.M. Gunderson, Nevada Supreme Court, 1977-78.Post Graduate: Associate Professor, Business Law, Clark County Community College, 1981-82; 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 League1993-1995.Professional Service: Court-appointed Trial Judge Pro Tem, 2005-Present; Private Arbitrator and Mediator, 1995-Present; Member/Prosecutor, Fee Dispute Committee, 1986-92; Member, Southern Nevada Discipline Committee, 1996-2010 (Committee Chair several times on evidentiary hearings regarding specific lawyers).Publications and Presentations: 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).Cases:Spilotro v. State E. Rel. Gaming Comm'n, 99 Nev. 187, 661 P.2d 467 (1983)Pink v. Busch, 100 Nev. 684, 691 P.2d 456 (1984)In Re: Hilton Hotel, 101 Nev. 489, 706 P.2d 137 (1985)Geissel v. Gailbraith, 105 Nev. 101, 769 P.2d 1294 (1989)Craigo v. Circus Circus, 106 Nev. 1, 786 P.2d 22 (1990)Amer. Casualty Ins. Co. v. Int'l Welfare Fund, 111 Nev. 591, 894 P.2d 371 (1995)Izquerido v. Circus Circus Casinos, Inc., 2008 WL 763224 (D. Nev. 2008)Rodriguez vs. Primadonna, 125 Nev. Adv. Op. 45 (2009)Fayer vs. Vaughn, 649 F.3d 1061 (9th Cir. 2011)Smith vs. Mahoney's Silver Nugget, 127 Nev. Adv. Op. 76, 265 P.3d 688 (2011)Finkel v. Cashman, 128 Nev. Adv. Op. 6, 270 P.3d 1259 (2012)

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Medical Malpractice

Personal Injury

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English

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