Complex and Commercial Litigation

Complex and Commercial Litigation

• A purported class of pediatric oncology patients brought suit for medical negligence by individual physicians and institutional negligence seeking damages for loss of chance of a better outcome and future medical monitoring.  After over a decade of litigation, Rodey secured a dismissal of our client, and is now defending that ruling on appeal.
• Following a serious motor vehicle accident and payment of insurance proceeds, one of the drivers sued his insurance company and agent claiming entitlement to additional coverage in excess of what the insurer paid.  We defended the insurance agent against claims of bad faith insurance practices and failure to procure, provide and pay stacked insurance coverage benefits.
• The Securities and Exchange Commission brought a securities fraud action against former officers of a publicly-traded real estate investment trust.  We served as local counsel in the defense of this case.  After four years of litigation, including a multi-week jury trial in which the government failed to prevail, the SEC voluntarily dismissed its remaining claims.  
• We represent several international financial institutions in a number of qui tam actions pending in state court brought under the New Mexico Fraud Against Taxpayers Act.  The lawsuits challenge the investment policies of the State of New Mexico, and allege that specific investments were improperly made on the basis of the former administration’s alleged “pay to play” investment practices that required financial institutions to pay large fees to certain well-connected individuals in exchange for the State’s business.
• We represented a national outdoor and fitness retail company in a Chapter 11 bankruptcy proceeding filed by the business landlord.  We successfully defeated a motion by the landlord for turnover of impounds for common area maintenance and real estate tax, and secuired appointment of a trustee to replace the landlord based on gross mismanagement. 
• We represent a large retail gasoline chain in a claim brought for negligent entrustment following an automobile collision that killed one driver.  The plaintiff has alleged negligent sale of gasoline to an intoxicated driver.  The matter is set for trial in federal court in early 2019, but a number of dispositive motions are before the court.
• We represent a major State university in a claim alleging violations of the New Mexico Open Meetings Act following the Board of Regents’ decision to reduce the size of the athletic budget and remove several men’s and women’s varsity sports.
• We represented a quasi-governmental entity that offers a network of community based services to approximately 75,000 aging and elderly New Mexicans in 32 counties.  After the State summarily rescinded the contract that allowed it to operate, we filed an emergency lawsuit challenging the rescission on constitutional grounds and seeking to enjoin the termination of our client’s provision of services to the elderly.  In less than two months, the parties reached an agreement by which the contract was reinstated without an interruption of services to the elderly.
• We represented a tobacco company in successful purchase of brands and escrow accounts from tobacco companies in Chapter 11 bankruptcy.