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General Liability
In State Court: We represented an adoption agency being sued for breach of duty to a birth father by improperly placing a child for adoption with a family outside New Mexico. Plaintiff claimed our client did not follow proper procedure. We won on summary judgment and prevailed on appeal. |
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Trucking
In Federal Court: Our client, a small interstate trucking company, was a defendant in an accident case. A set of tandem wheels came off of a trailer and hit another truck coming in the opposite direction on a national highway. Opposing counsel was from a large plaintiff’s firm specializing in trucking law. In discovery, we found that the loss of the wheels was not our client’s responsibility, but that of the mechanic’s shop that had put new tires on the wheels only 12 hours before the accident. We convinced the plaintiffs to involve the mechanics as a third party. As a result, the case was settled very favorably for our client, and the mechanic’s shop paid the majority of the settlement. |
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Insurance Bad Faith
In Federal Court: Plaintiff claimed our client, an insurance company, did not pay everything they were entitled under the insurance policy after their house was destroyed in a fire. Plaintiffs elected not to rebuild their home. The plaintiff claimed bad faith, because our client paid the depreciated value rather than the replacement value. We filed for summary judgment in federal court and prevailed. The plaintiff appealed and eventually settled for nuisance value. |
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Contract Dispute
In State Court: We represented an ATM owner who claimed that the ATM processor overcharged our client several cents on every transaction, in violation of their contract. We claimed breach of contract and violation of the New Mexico Unfair Practices Act and won at trial. Our client was awarded damages for breach of contract, treble damages, and attorney’s fees. |
