Mark Hutchison
Lead Special Counsel, State of Nevada, Healthcare Litigation
The information provided in this document has been pre-approved and is intended for use in welcoming Mark
Hutchison as your event guest speaker. Additional biographical and background information is also included for
your convenience. For questions regarding this material or any special event requests, contact Kelly Center
directly at (702) 235-4127, or by email at kcenterlv@gmail.com.
SPEAKER INTRODUCTION/BIOGRAPHY
Mark Hutchison is a native Nevadan, and the senior member and founding partner of the law firm of Hutchison
& Steffen. He graduated with a business administration degree, Phi Kappa Phi, from the University of Nevada,
Las Vegas—UNLV (with high distinction), and received his law degree, magna cum laude, from Brigham Young
University. He is admitted to practice and has successfully litigated cases in both state and federal courts of
Nevada, Arizona, California, and across the country, including the U.S. Supreme Court. He is the former
Chairman of the Nevada Ethics Commission, where he served for six years, past President of the Federal Bar
Association, and served as a member of the prestigious Bar-Bench Committee for the Nevada Supreme Court.
He is recognized as a Colleague by the Nevada Law Foundation and is a Martindale-Hubble AV-Rated Attorney,
its highest distinction.
Not afraid of a big fight against a big foe, Hutchison has taken on and won many high-profile cases throughout
his career. He served as Lead Trial Counsel in a four-month jury trial and ten years of litigation against the
Franchise Tax Board of the State of California, resulting in a verdict of over $388 million, one of the country's
largest single-party jury verdicts in history. Hutchison represents Republicans and the State Republican Party in
the constitutional challenge to the State's current Congressional and State Legislative districts, initially filed by
Democrats in the Carson City, Nevada District Court.
In May 2010, Hutchison was appointed by the Governor as Lead Special Counsel for Nevada in challenging the
constitutionality of the "Patient Protection and Affordable Care Act" (sometimes referred to as Obamacare)
along with now 25 other states. The District Court judge in the case ruled in the States' favor and declared that
the health care legislation is unconstitutional. Currently, the case is on appeal, and Hutchison continues to
represent Nevada in this matter completely on a pro-bono basis.
He serves on the Executive Board of Directors for the Boy Scouts of America, Las Vegas Area Council, is General
Counsel for the Desert Youth Football league, General Counsel for the Silent Heroes of the Cold-War Memorial
Committee, and coaches youth football.
Ladies and Gentlemen, please welcome Mark Hutchison!
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PERSONAL ACCOMPLISHMENTS:
AWARDS/SPECIAL RECOGNITIONS:
Martindale-Hubbell: AV-Rated
Mountain States Super Lawyers, Business Litigation, 2007, 2008, 2009
In Business Magazine, Las Vegas Rising Star Recipient, 2003
Nevada Law Foundation, Colleague
Boy Scouts of America, Silver Beaver Award
COMMUNITY SERVICE
Past President, Federal Bar Association
Executive Board of Directors, Boy Scouts of America, Las Vegas Area Council
General Counsel, Desert Youth Football League
General Counsel, Silent Heroes of the Cold-War Memorial Committee
Coach Desert Youth Football League
Coach Summerlin Youth Baseball League
COURTS
Nevada State Courts
California State Courts
U.S. District Court of Nevada
U.S. District Courts of California
U.S. District Court of Arizona
U.S. District Court of Wyoming
U.S. Ninth Circuit Court of Appeals
U.S. Seventh Circuit Court of Appeals
U.S. Supreme Court
REPRESENTATIVE CASES:
Mark has tried numerous cases in both state and federal courts and before administrative agencies. His cases
have many times been high profile and against big companies or government agencies. A select grouping of the
most notable cases are included below.
Lead counsel in the lawsuit on behalf of the Nevada Republican Party against Ross Miller (in his capacity
as Secretary of State) to remedy unlawful Legislative and Congressional and re-districting of voting
precincts in Nevada, Case No. 11-00042-1B (Dept. 1, Las Vegas, Nev. 2011)
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Lead special counsel for Nevada in the lawsuit initiated by 20 states challenging the constitutionality of
healthcare legislation enacted by the Federal Government in Nevada, et al., Case No. 3:10-cv-91-
RV|EMT (U.S.D.C., N.D. Florida 2010).
Lead trial counsel in a 17-week jury trial (after 10 years of litigation) against the State of California's
taxing authority involving numerous torts and resulting in a jury verdict in the client's favor of over $138
million in compensatory damages and $250 million in punitive damages—one of the largest jury verdict
awards to a single plaintiff in U.S. history—after the Nevada Supreme Court and United States Supreme
Court affirmed the client’s right to proceed to trial despite constitutional defenses asserted by the taxing
authority in Hyatt v. Franchise Tax Board, Case No. A382999 (Dept. 9, Las Vegas, Nev. 2008).
Lead trial counsel in a two-week trial before a three-judge arbitration panel regarding claims by a
shareholder against officers and directors of an energy company raising issues of corporate governance,
breach of fiduciary duties, and buy-out of minority interest resulting in a judgment in favor of clients in
Mitchell v. Freeman, et al., Case No. A503996 (Dept. 20, Las Vegas, Nev. 2009).
Lead trial counsel in a three-week jury trial involving a wrongful death claim arising from alleged abuse
and improper care of a nursing home resident where the plaintiff requested $6 million in closing
arguments and the jury returned a verdict for $300,000, nearly half of the amount the client offered to
settle the case before trial in Delmar Gardens of Green Valley, Inc. adv. Volk, Case No. A444157 (Dept.
13, Las Vegas, Nev. 2004).
Lead trial counsel in a Federal-Court trial between two national pharmaceutical companies concerning a
non-competition and business interference dispute resulting in a settlement during trial favorable to the
client in Micro Bio-Medics, Inc., et al. v. PSS World Medical, Inc.,” Case No. CV-S-03-0998-RCJ-(RJJ)”
(U.S.D.C., Las Vegas, Nev. 2005).
Lead trial counsel in a week-long trial involving breach of contract between medical services provider
and a PPO resulting in a judgment in the client’s favor totaling nearly $1 million and more than ten times
the amount offered before trial in Convention Center Drug, Inc., et al. v. h/mx Health Management
Solutions, Inc., et al. Case No. A419252 (Dept. 15, 2005).
Lead trial counsel in a weeklong trial involving allegations of products liability and negligence against the
client, a major high reach equipment rental company, and resulting in a judgment favorable to the client
in an amount of approximately ten-percent of what plaintiff demanded to settle before trial in Ahern
Rentals, Inc. adv. Guy DePew, et al., Case No. Case No. CIV227292 (Superior Court, Semi Valley, Cal.
2004).
Trial counsel in a four-week jury trial involving a $120 million securities fraud action with the jury
returning a defense verdict in the client’s favor in re American Pacific Securities Litigation, Case No. CV-S
93-576-PMP (U.S.D.C. Las Vegas, Nev. 1995).
Another four-week jury trial in a multi-million dollar action involving construction and product defects
resulting in a jury verdict in the client’s favor in Nemex Associates, et. al. v. PriMerit Bank, Case No. CV-S-
92-507-HDM (U.S.D.C. Las Vegas, Nev. 1994).
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Lead trial counsel in a jury trial where the client’s damages were contained arising from a negligence
action in Hirschi Masonry, Inc., Darrel Trowbridge adv. Schilling, Case No. A373376 (Dept. 9, Las Vegas,
Nev. 1999).
Lead trial counsel in a two-week jury trial where plaintiff requested $7.5 million in closing arguments in
a negligence action and the jury returned a defense verdict in favor of the client in Sears Roebuck & Co.
adv. Alan Chenin, Case No. A353747 (Dept. 3, Las Vegas, Nev. 1999).
A one-week jury trial where the jury awarded the plaintiff half of the client’s offer of judgment in a
negligence case in Sears Roebuck & Co. adv. Richard Jergis, Case No. A389161 (Dept. 9, Las Vegas, Nev.
2000).
A jury trial in a multi-million dollar action involving construction defects where the client – a developer
of a large multi-family complex – favorably settled the case after four weeks of trial in KCN Partnership
adv. Opulence Homeowners Association, Case No. A408661 (Dept. 13, Las Vegas, Nev. 2001).
For additional information on Mark Hutchison, or the Firm, Hutchison & Steffen, please visit
www.hutchlegal.com.For up-to-date news and resource information on the Obamacare litigation, including all
public court documents and other important resources, visit www.hutchlegal.com/healthcare.You can also visit
Hutchison’s blog at http://obamacarelitigation.blogspot.com.
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