G. Mark Albright
Born:
San Antonio, Texas, June 19, 1955
Education:
Brigham Young University, B.A., cum laude, 1978
Brigham Young University, J.D., 1981
National Institute of Trial Advocacy, 1984
Practice Areas:
Civil Litigation; Construction Defect Law; Mechanics Liens; Banking Law; Insurance Law; Collections; Commercial Law; Debtor and Creditor; Realtor Disputes; Business; Partnership Disputes; Bid Protests; Class Actions; Legal Malpractice Defense; Personal Injury; Consumer Fraud; Complex Commercial Litigation, Mediation / Arbitration.
Membership:
Clark County Bar Association (Member, Publications Committee, 1997); State Bar of Nevada.
Admissions:
1981, Nevada and U.S. District Court, District of Nevada; 1986, U.S. Court of Appeals, 9th Circuit; 1993, U.S. Supreme Court
Biography:
Personal:
Mark was raised in Las Vegas; his grandfather moved here in the 1930’s and became a County Commissioner in the 1950’s and 60’s, instrumental in building the convention center, airport, and courthouse. In Law School, he served as an author and editor to the law review and later clerked for the Honorable Lloyd D. George. After law school, Mark received offers from a prominent downtown Los Angeles law firm, as well as from the largest firm in Arizona, but he opted instead to return home to Las Vegas to join his father's law practice. Mark received his AV rating (based on attorney and judicial surveys) in 1996, after just 15 years of practice. In 1999, U.S. Senator Reid included Mark in his list of nominees for a federal judgeship appointment. Mark later withdrew his name from consideration to remain in private practice. He represents dozens of national law firms in cases pending in Southern Nevada, and often acts as counsel in high profile national class actions.
Speech of Mark Albright to new bar admittees on Dec. 7, 2007, per invitation of Federal Bench.
Acts as mediator and arbitrator
Radio Talk Show Host with CBS KXNT, Channel 840 AM, 2008
Contributing author and editor to the 2008 Nevada Civil Practice Manual.
Board of Advisors, BYU Management Society (2007)
Board of Advisors to the Las Vegas Chamber of Commerce (2006)
Note and Comment Editor, Brigham Young University Law Review, 1980-1981 (graduated in the top 25% of his class)
Law Clerk to Judge Lloyd D. George, U.S. Bankruptcy Court, District of Nevada, 1981
Listed in: Who's Who in American Law, 1994-2000; Who's Who in America 2000; Outstanding Lawyers of America, 2003
County Bar Television Panel Member, Law for the Layman, Euthanasia, December, 1995
Instructor, Mechanics Lien Seminar, Association Builders and Contractors, 2003
Speaker: Keynote address to New Federal Bar Admittees, 2007
Author:
Aug. 2007: "Construction Defect Litigation" written by G. Mark Albright, Esq. and Jeanean L. Maher, Esq.
"Consolidation and Severance" A History, Purpose and Basis of Rule NRCP 42(a) written by G. Mark Albright, Esq.
“Pretrial Detainees May Be Subjected to Conditions of Confinement Reasonably Related to Legitimate Governmental Objectives,” 1979 B.Y.U. Law Rev. 1022
“The Role and Challenges of the Regional Transportation Commission in the Fast Growing Las Vegas Community,” Communique Magazine, August, 1997
“Joint Checks to Subcontractors,” Construction Company Strategist, September, 1997
“The Virgule Rule in Joint Checks,” Communique Magazine, September 1997
“An Affirmation of Marriage,” Nevada Lawyer Magazine, Nov., 2002
Contributing Author: Nevada Civil Practice Manual, 3rd Edition, 1993, 2003
CLE Author and Lecturer, Construction Contract Clauses, 1995 and 1996
Representative Class Actions:
Mark Albright on behalf of class plaintiffs recently filed a class action complaint for Walter Schenker on behalf of himself and all others similarly situated against Dollar Thrifty Automotive Group and DTG Operations Inc (Case No. A577155) alleging deceptive trade practices by rental car agencies at McCarran International Airport for improperly calculating a 4 percent vehicle license fee for renting cars from the airport. Plaintiffs allege that Dollar Thrifty is required to exclude from the calculation the amount of any concession fee or charge that the car rental company is required to pay to do business at the airport and that the defendants do not exclude this amount when determining the license fee for cars rented at the Las Vegas Airport locations.
Stratosphere, American Pacific, Delgratia Mining, Lady Luck Hotel. ITT/Hilton, Tyson/Don King, Equinox (consumer fraud), Herbalife, MGM/Mirage N.O.S., Yucca Mountain, U.S. Tobacco, Mandalay Resorts, Station Casinos, Lasik Vision, Purchasepro/AOL, Laser Vision (deceptive trade practices).
Community Service:
Member, Boy Scouts of America Advisory Council. Member, United Blood Services Community Council. City Chairman, Las Vegas Performing Arts Foundation Presentation: Tabernacle Choir in Concert, Orleans Arena, 2004. Recent Transactions: Sale of 450 acres by CAL-NEV-ARI, Inc., to Woodside Homes (2005)
Representative 2005 Construction Defect Cases:
Grand Legacy, Galleria Villas, Santa Barbara HOA, Stallion Mtn. HOA, Villa Trieste, Lynbrook, Val D'Isere, La Moncha, Villagio, Canyon Willow Tropicana, Durango Trails, Pacific Deerfield, Crestdale, Whitehorse Estates, Horizon, Redrock, Red Bluffs, Whitney Ranch, Falling Water.
Recent 2006 Cases:
Representation of family against Ford Motor Co. and NDOT, relating to multiple fatality accident on U.S. 95 (Clark County A466566). Representation of large class of injured workers against Yucca Mountain contractors for lung diseases developed during tunneling activates (CV-S-04-0466 JCM). Defense of Canadian mining company against investor suit. Defense of manufacture of law enforcement weapon (Taser) against claims of product liability. Defense of large grading company against plaintiff injured in off road motorcycle accident (settled for 1/10th of plaintiffs mediation demands). Representation of Fortune 100 Company (Motorola) against local governmental agencies relating to bid protest suit and lobbying efforts. Defense of local bank arising out of lender liability suit by disgruntled borrower. Representation of national juice company against supplier for delivering adulterated beverage. Settlement of class claims against PurchasePro and AOL/Time Warner for $24 million in U.S. Federal Court (Blosser v. Purchasepro.com 01CV483). Filed suit against Harrahs regarding $15 billion private equity takeover. (In Re Harrah’s Shareholder Litigation, Federal Court, 06-CV-1356). Swift Transportation Company, going private litigation (Clark County District Court, A531032). FTC v. Equinox International Corp. national class action for consumer fraud and illegal pyramid scheme, sale of assets resulted in raising approx. $40 million (2:99-CV-969). Defense of Taser International for tort allegations and wrongful death (CV-S-05-01464). Filed suit in $4.7 billion transaction against Station Casinos (Clark County District Court A-532367).
Sample 2007 Cases:
Filed suit on behalf of high rise Mexican condominium developer (Oceanside Development) against Trust company for $1.4 million alleging embezzelment, conversion, fraud etc. (cv07-A-540186). Filed suit on behalf of Japanese restaurant owner to enforce noncompete agreement against partner. Pac Consulting v. Las Vegas Kitchen, (07-A-540289). Filed $13 million dollar suit against doctors and hospital on behalf of secured lender. MCC v. SW Doctors Group and Medical Center of Atlanta (07-cv-00345). Defense of Century Steel in wrongful death suit when iron worker fell during construction of Mandalay Bay. (A540219). Defense of suppliers and subcontractors in a construction defect suit relating to Metropolis high rise condominium project.
2008 Cases:
- Filed class action complaint on Dec. 5, 2008, against Dollar Thrifty Automotive Group (Case No. A577155) against car rental agencies alleging overcharging of air airport concession fees by Thrifty and Dollar at McCarran International Airport.
- Filed suit on behalf of Alimak Hek Inc. against Republic Tower and Hoist Inc. December 19, 2008, (Case No. A578256) for claim and delivery of six construction hoists used at the Echelon project and related damages.
- Defense of national paint manufacturer and distributor, Dunn-Edwards Inc. from claims of homeowner alleging deficiencies against Stanpark Construction and others after home flooded and then sold. Case No. A 479766 entitled Daniel Nehring, et al. v. Stanpark Construction, Dunn-Edwards, et al.
- Filed suit on behalf of Century Steel against General Contractor on the Grand Canyon Skywalk Project, a glass and steel horseshoe-shaped walkway extending over the Grand Canyon, 4,000 feet above the Colorado River, located on Hualapai Indian Reservation, Case No. A544631.
- Filed mechanic’s lien foreclosure suit involving Nevada Solar One, Solargenix Energy, Acciona Solar, City of Boulder City, and others, on one of the largest solar fields constructed in the U.S. in recent years near Boulder City. Successfully resolved multi-million dollar contract dispute. See, Lauren Engineers & Constructors Inc. V. Nevada Solar One LLC, et al , Case No. A545599.
- Defense of Four Seasons Hotels from Personal Injury Claim; defense of attorney from legal malpractice claim; defense of physician from RICO and Fraud claims alleged by insurance carrier; defense of investors from claims of mold infestation and remediation expenses; settlement of mechanic’s lien against local municipality for large solar energy complex, settlement of shareholder claims against Stations Casinos and Harrahs.
- In Re: Premera Blue Cross et al. v. Tina Aedroza et al. (Successful defense of attorney for legal malpractice claims on behalf of carrier) (05 - CV - 00689)
- In Re: Helen Hafen et al. v. Shannon Evans et al. (Defense of attorney from claims of legal malpractice - A547755)
- In Re: Community Bank/Tuscon, Clark County District Court Case No. A571071 ($6 Million Suit against Guarantor, Promissory Note)
- In Re: Community Bank/WF Development, Clark County District Court Case No. A571402 ($7.8 Million Suit against Guarantor, Promissory Note)
- In Re: Community Bank/Delray, Clark County District Court Case No. A571070 ($5.4 Million Suit against Guarantor, Promissory Note)
- In Re: Community Bank/Martin, Clark County District Court Case No. A572992 ($3 Million Suit against Guarantor, Promissory Note)
- In Re: Community Bank/Tompkins, Clark County District Court Case No. A472993 ($3.3 Million Suit against Guarantor, Promissory Note)
- In Re: Community Bank/Norman, Clark County District Court Case No. A573327 ($393,000 Suit against Guarantor, Promissory Note)
- In Re: Community Bank/PRV-1, Clark County District Court Case No. A573469 ($660,000 Suit against Guarantor, Promissory Note)
- In Re: Ford Motor Co. and NDOT, Clark County District Court Case No. A466566 (Represented family relating to multiple fatality accident on U.S. 95).
- In Re: Yucca Mountain, United States District Court Case No. CV-S-04-466 (Represented large class of injured workers against Yucca Mountain contractors for lung diseases develop4ed during tunneling).
- In Re: Taser, United States District Court Case Nos. 2-04-CV-1325 (defense of manufacture of law enforcement weapon against claims of product liability.
- In Re: U.S. Juice Corporation, United States District Court Case No. 2-06-CV-288 (Represented national juice company against supplier for delivery adulterated beverage).
- In Re: PurchasePro, United States District Court Case No. 2-01-CV-483 (Settlement of class claims against PurchasePro and AOL/Time Warner for $24 Million.
- In Re: Harrah’s, United States District Court Case No. 06-CV-1356, (Filed suit against Harrah’s regarding $15 Billion private equity takeover.
- In Re: Swift Transportation, Clark County District Court Case No. A531032, (private litigation).
- In Re: Equinox International Corp., United States District Court Case No. 2-99-CV-969, (National class action for consumer fraud and illegal pyramid scheme, sale of assets resulted in raising approximately $40 Million).
- In Re: Taser Interntaional, United States District Court Case No. CV-S-05-1464, (Defense of Taser for tort allegations and wrongful death).
- In Re: Station Casinos, Clark County District Court Case No. A532367, (Filed suit in $4.7 Billion transaction against Station Casinos).
- In Re: Freedom Wireless, United States District Court Case No. 2-06-CV-644
- In Re: Gaming Partners, United States District Court Case No. 2-07-CV-849
- In Re: NOS Communications, United States District Court Case No. 2-01-CV-861
- In Re: OneCap Mortgage, United States District Court Case No. 2-07-CV-24 (Mortgage Litigation)
- In Re: Kenlin Capital, LLC, United States District Court Case No. 2-07-CV-1689 (Mortgage Litigation)
- In Re: Global Cash Holdings, United States District Court Case No. 2-08-CV-942
- In Re: Commercial Capital Bancorp, United States District Court Case No. 2-06-CV-716
- In Re: SeatGuru.Com, Inc., United States District Court Case No. 2-06-CV-500
- In Re: Bally’s Technologies, Inc., United States District Court Case No. 2-06-CV-373
- In Re: Datamatic, Inc., United States District Court Case No. 2-06-CV-274
- In Re: Sunterra Corporation, United States District Court Case No. 2-06-CV-894
- In Re: Oceanside Development, Clark County District Court Case No. A540186, (Filed suit on behalf of high rise Mexican condominium developer against Trust company for $1.4 Million alleging embezzlement, conversion, fraud, etc.).
- In Re: Pac Consulting, Clark County District Court Case No. A540289, (Filed suit on behalf of Japanese restaurant owner to enforce non-compete agreement against partner).
- In Re: Medical Capital Corporation vs. Southwest Doctors Group, United States District Court Case No. 07-CV-345, (Filed $13 Million dollar suit against doctors and hospital on behalf of secured lender).
- In Re: Century Steel/Mandalay Bay, Clark County District Court Case No. A540219 (Defense of Century Steel in wrongful death suit when iron worker fell during construction of Mandalay Bay).
- In Re: Four Seasons Hotel, Clark County District Court Case No. A549277 (Defense of Four Seasons from personal injury claim)
- In Re: Freedom Wireless/Klein, United States District Court Case No. 08-CV-1369 (Defense of corporation and officers from shareholder suit)
2009 Cases:
- S. Blake Murchison
v.
Station Casinos Inc.; Fertitta Colony Partners L.L.C.; Fertitta Partners L.L.C.; Colony Capital L.L.C.; Frank Fertitta I I I; Lorenzo Fertitta; Thomas J. Barrack Jr.; Jonathan H. Grunzweig; James Nave; Thomas Friel; Scott Nielson; Kevin Kelley 2/12/2009 2:09-cv-00293-KJD-GWF
(Las Vegas)
- Alimak Hek v. Republic Tower and Hoist; A578256; Contract action; Defendant failed to pay the remaining $2.7 million for six construction hoists utilized at the Echelon construction project on the Las Vegas strip. Plaintiffs successfully obtained a writ of possession for return of the construction equipment after the project was placed on hold.
- Dr. Kevin Windisch, v. Hometown Health Plant Inc.; Hometown Health Partners, Benefit Administrators Inc: Hometown Health Providers Insurance Co Inc. ; filed December 19, 2008, USDC Nevada, 3:08-CV-00664;
Plaintiffs brought class action on behalf of physicians and health care groups alleging insurers systematically deny reimbursement to health care providers who have provided medically necessary covered services. Plaintiffs allege insurers routinely and unjustifiably refuse to pay for or reduce payment for such services.
- Edmond Murry
v.
Shay Head; Mike Head; Designer Fans And Lighting L.L.C.
1/28/2009 a581234
Contract action. Defendant defaulted on a loan.
- Club Vista Financial Services; Tharaldson Motels II Inc.; Gary Tharaldson
v.
Scott Financial Corp.; Bradley Scott; Bank Of Oklahoma; Gemstone Development West; Asphalt Products Corp.; Apco Construction
1/13/2009 a579963
Fraud complaint centering on a $150 million real estate loan for the construction of the Manhattan West project. Plaintiffs recently discovered fraud involving the loan, and seek to have the agreement terminated. Plaintiffs allege the loan documents are not legally binding.
- Taser International Inc.
v.
Stinger Systems Inc.; James Mc Nulty; Robert Grunder
2/11/2009 2:09-cv-00289
(Las Vegas)
Securities complaint. Taser International accuses its competitor, Stinger Systems Inc., of an "ongoing plot" to damage its reputation through "fraudulent and misleading press releases" and "defamatory 'whisper campaigns.'" The efforts not only damaged plaintiff's reputation, but also artificially manipulated stock prices.
- Festival Sports Inc.
v.
Reno Sparks Convention & Visitors Authority
2/10/2009 2:09-cv-00277-JCM-RJJ
(Las Vegas)
Plaintiff says the Reno Sparks Convention & Visitors Authority tried to prevent it from relocating its volleyball tournament to Phoenix by falsely informing Phoenix officials that a letter of intent between plaintiff and the visitors' authority was a binding agreement.
Reported Cases:
Campus Village v. Brown, 714 P.2d 566; In Re: Stratosphere Corporation, 1F. Supp. 2d 1096 (1998); Eldorado v. City of Mesquite, 863 F. Supp 1252 (1994); Ameritrade Inc. v. First Interstate Bank, 728 P.2d 1318; Greenberg v. Sala, 822 F.2d 882, 9th Circuit.
Mark in the News:
Suits demand best deal for shareholders
Tue, Jun 15, 2004 (11:09 a.m.)
Las Vegas Sun
Two Mandalay Resort Group shareholders filed separate suits last week in Clark County District Court accusing the company's executives and board of directors of failing to protect shareholders' interests during MGM MIRAGE's unsolicited takeover bid.
Both suits were filed prior to Mandalay's rejection of MGM MIRAGE's initial offer Friday and the reported subsequent agreement by management to a higher bid on Monday. Read the rest of the story here...
Mark Albright Quoted in Las Vegas Review-Journal
Trial begins in crash that killed three
By GLENN PUIT
Tuesday, March 05, 2002
Copyright © Las Vegas Review-Journal
...After Monday's opening statements concluded, Jim Barton's attorney, Mark Albright, said Wright appeared to be saying that the collision between Barton and Dettloff was simply an accident for which Dettloff can't be faulted. Albright, who is also Barton's brother-in-law, added that he believes Wright is planning to rely on what Albright termed "the panic attack disorder defense." ... Read the full story here...
Question 2: A Necessary Defense of Marriage
As Published in Nevada Lawyer Magazine, November, 2002
By William H. Stoddard, Esq. and G. Mark Albright, Esq.
Question 2 was as simple as it sounded. In its entirety, the proposed amendment read:
“Only a marriage between a male and female person shall be recognized and given effect in this state.” This common sense amendment was proposed in response to a very real attempt by some activist groups to redefine marriage. The context of the Question was not mentioned in last month’s article but is very important in understanding why Question 2 became necessary. It is what it claimed to be: a simple affirmation of one of the longstanding elements of a traditionally defined marriage. Read the rest of the article...
Sierra hit with new shareholder lawsuit - Las Vegas Sun
Wed, Oct 2, 2002 (9:25 a.m.)
A second lawsuit has been filed by stockholders against Sierra Pacific Resources in an effort to prod the power company to consider a $3.2 billion offer by Southern Nevada Water Authority to buy Nevada Power Co.
Stockholders Stephan and Gail Gordon filed suit on Monday, their attorney Mark Albright said.
Since initiating the suit, other shareholders and law firms have called the law firm Albright, Stoddard, Warnick and Albright, the attorney said.
Others are interested in filing separate actions, Albright said, describing his clients and recent callers as 'very disgruntled shareholders.'" Read the rest here: Sierra hit with new shareholder lawsuit - Las Vegas Sun
City Hall expansion contract faces lawsuit
By Jeffrey Libby
Wed, Dec 12, 2001 (9:46 a.m.)
Las Vegas Sun
With a lawsuit already looming over a long-delayed municipal parking garage that opened Monday, Henderson officials learned they will face yet another lawsuit over the award Tuesday of a $39.5 million construction contract to quadruple the size of City Hall.
The contract was awarded to Dick Corp., an international construction company headquartered in Pittsburgh.
The legal controversy stems from a last-minute bid hike by a California-based electrical subcontractor listed by both Dick Corp. and by another of the four competing companies -- Colorado-based PCL Construction Services. Read the rest of the story here...
Mark Albright Quoted in Las Vegas Sun
Gravel road leads to lawsuit against city
By Steve Sebelius
Wed, Apr 24, 1996
...Mark Albright, an attorney for Nevada Ready Mix, one of the primary users of the gravel haul route, said the lawsuit was necessary to keep the company from defaulting on its contracts.
"The issue is whether or not the ability of some neighbors to sleep at night outweighs the construction projects pending throughout the valley, particularly when we built the road," he said.
"The impact of such an ordinance is devastating to the construction industry in Las Vegas," Albright added, noting that 35 percent of the trips are made at night and in the early morning. "Thousands of workers would be shut down (during morning delays) at highway, airport, hotel and other projects." ... Read the full story here...
Henderson Mayor Gibson on Reid list for fed judgeships
Fri, Dec 3, 1999 (10:57 a.m.)
WASHINGTON -- Henderson Mayor Jim Gibson is among the 16 candidates Sen. Harry Reid, D-Nev., today said he is considering for federal judgeships.
The contenders: Mark Albright; Bruce Alverson; Clark County District Attorney Stewart Bell; Las Vegas Deputy City Attorney Larry Bettis; David Chesnoff; Tim Cory; Bill Curran; Henderson Justice of the Peace Kent Dawson; Allan Earl; Kathleen England; Clark County District Judge Lee Gates; Gibson; Stan Hunterton; Nevada Supreme Court Justice Bill Maupin; U.S. District Judge Johnnie Rawlinson; and Clark County District Judge Valorie Vega.
Reid said he had talked with each in person. He said he didn't have a short list yet.
"This is an ongoing process," Reid said. "I'm keeping an open mind. I haven't ruled anyone in or out yet."
Reid is the ranking senator of the president's party, giving him the ability to nominate candidates for federal benches. Read the rest of the story here...
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801 S. Rancho Drive 
