Practice Areas

• Insurance Defense:  The principals of the firm have represented insureds for more than 25 years at the request of insurers. We have and continue to act as panel counsel for major national carriers in all lines of insurance.  In particular we represent individuals and companies under personal, commercial, property, special risk, bond (fidelity and surety), public entity, professional liability, malpractice and employment practices lines of insurance.  Of course, these cases cover a large breadth of subject matters, including civil rights, catastrophic personal injury, employment defense, business torts and disputes, oil field accidents, aviation, medical, dental, lawyer and clergy malpractice, drug and medical device, automobile, intentional torts, trademark and copyright, sex, race, age, and sexual harassment, law enforcement and honesty fidelity claims.  We are accomplished at complying with litigation management programs, including task and e-mail billing, communication and reporting.  Our defense of insureds is based upon prompt and accurate evaluations.  We consistently take cases to trial when a reasonable settlement cannot be achieved or the goals of our client require a jury verdict.

   

• Direct Representation of Insurance Companies:  As an insurance defense firm, our representation includes advice and opinions not only as to the defense of insureds, but also the conduct of the insurer.  We offer opinions relating to coverage under policies and advice as to factual investigations to determine coverage.  We provide counsel regarding practices to avoid bad faith and instill policyholder confidence.  We provide seminars regarding current law in policy interpretation, the scope of the duty to defend and indemnify, and industry practices.  We consistently litigate and have had significant success in filing and defending declaratory judgment actions regarding insurance coverage.  The specific and most common areas of coverage relate to intentional torts, defined insureds, environmental claims, sexual abuse and harassment as well as more generic exclusions and coverage issues.  We also defend on a continuing basis numerous insurers from bad faith claims, breach of contract, unfair insurance practices, unfair trade practices, and punitive damage claims.  In addition, we represent insurers regarding suspicious property claims requiring advice and examinations under oath.

• Commercial Litigation:  We have defended anti-trust, copyright, trademark, shareholder disputes, trade libel and slander, UCC disputes, director liability, contract disputes of every nature, lender liability claims, unfair trade practices, and many other commercial claims.  We do not handle tax-related litigation, except within the context of professional malpractice defense.

• Employment Related Matters:  The firm has extensive experience in both pre and post litigation employment matters.  For many years the firm has been personnel counsel to the Albuquerque Public Schools (24th largest school district in the nation.)  We have a long history of representation of state agencies before the State Personnel Board and before both the New Mexico Human Rights Division and EEOC.  Private employers frequently seek our counsel on employment decisions and to assist in responding to claims of discrimination.  We provide regular representation of employers in response to breach of contract, wrongful termination and constitutional claims.  The firm has defended every kind of employment-related lawsuit for both public and private sector employers.  These include class actions brought under Title VII, the ADEA, and the various federal statutes.  The firm has handled matters for major corporations, public employers such as schools, counties, cities, as well as many small employers.  We provide advice on how to resolve claims so that our clients are not sued and strategies to end claims quickly once filed.  We provide aggressive defense of frivolous claims and reduce the exposure of our clients by enforcing vigorous standards of proof.

• Premises Liability:  Our lawyers have handled a wide variety of claims involving grocery stores, filling stations, shopping malls, bars, motels and other places of business.  New Mexico has a developing field of common law, which can create many pitfalls for the unwary in this area.  Landowners have a number of non-delegable duties and vicarious liability that imposes liability based upon the nature of the activity on the land.  Consideration of third party and indemnity claims are essential when the landowner is sued for injuries caused by others.  We also specialize in claims based on the absence of and inappropriate use of security.

• Products Liability:  Our shareholders and associates have handled product cases ranging from simple failures to claims involving tens of millions of dollars.  Many of these claims involve multiple parties or multi-district litigation.  We have handled medical device claims, claims involving toxic materials, pipeline and oil field equipment, light and heavy duty vehicles, radiation equipment, drug products, chemical products, construction equipment, electrical products and sporting goods.

• Professional Liability:  The firm has represented doctors, chiropractors, accountants, architects, engineers, dentists, and lawyers in professional liability claims.  We recognize the sensitive nature of malpractice claims and make sure our clients are closely involved in the defense of the case.  Our experience is that our professional clients can be extremely useful in selecting defense experts and identifying the erroneous assumptions and factual assertions made by the Plaintiff.

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