Rodey Law Firm
 
 
 
 


Representative Matters: Commercial Litigation


Represented a New Mexico municipality that brought suit against a major vendor of computer software programs claiming that the software implementation had failed because of misrepresentations made during the sale of the product. The case was settled favorably to the client.

A natural gas processing client was sued by a major oil producer claiming that improper processing charges involving several millions of dollars had been assessed against the producer. After a trial to the court, a defense verdict was rendered in favor of our client.

Currently involved in the defense of several life insurance companies that have been sued for failing to adequately disclose to policyholders the dollar differences between paying premiums on an annual basis and more frequently. Plaintiffs have sought to have all cases certified as nationwide class actions. Some of the cases have been settled after a class was certified. Other cases are pending.

We represent the developers of a business park in northeast Las Cruces. A party that purchased some of the land in the park challenged the park's zoning and development restrictions in municipal agency and later court proceedings. The purchaser subsequently sued the developers for tortious interference with contract. The firm successfully defended the park's development scheme against all of the challenges, and obtained a dismissal of the contract interference claim. Most recently, we successfully prosecuted an action to enforce our clients' right to repurchase the land in question based upon the purchaser's failure to comply with a covenant requiring it to begin construction of buildings on the land within two years of purchase.

We represent a landowner who has been developing a ranch located on the edge of Placitas, a bedroom community outside of Albuquerque, into a luxury residential subdivision. We have successfully defended the developer against a number of NIMBY ("not in my backyard") challenges by local opponents, including challenges to the developer's title and access rights.

We defended a local electrical subcontractor in litigation that arose out of its termination of one of the closely held corporation's owner-managers. The case involved wrongful termination and shareholder oppression claims. We successfully enforced the party's contractual agreement to arbitrate the claims, and subsequently negotiated a settlement favorable to the client.


 
 
 
 
 
 
 
 
 


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