Rodey Law Firm
 
 
 
 


Representative Matters: Appellate Practice


Reversed $700,000 of a $1 million punitive damage award for defamation, on the ground that the punitive damages were unconstitutionally excessive. Aken v. Plains Electric Generation & Transmission Cooperative, Inc., 2002-NMSC-021, 132 N.M. 401, 49 P.3d 662.


Reversed a $250,000 award of punitive damages against an insurer under the New Mexico Unfair Practices Act, on the ground that punitive damages are not an available remedy under the Unfair Practices Act. McLelland v. United Wisconsin Life Insurance Co., 1999-NMCA-055, 127 N.M. 303, 980 P.2d 86.


Reversed in its entirety a judgment of over $5 million against an insurance company for insurance bad faith, on the ground that the facts did not establish a legal basis for a bad faith claim. National Union Fire Insurance Co. v. United States Fire Insurance Co., Nos. 22,347 & 21,874 (N.M. Ct. App. June 26, 2003).


Obtained an appellate court ruling that the New Mexico Workers' Compensation Act does not provide recovery for sexual harassment in the workplace. Cox v. Chino Mines/Phelps Dodge, 115 N.M. 335, 850 P.2d 1038 (Ct. App. 1993).


Obtained a writ of superintending control from the New Mexico Supreme Court preventing a district court from enjoining a reduction in force implemented by a large governmental employer.


 
 
 
 
 
 
 
 
 


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