
Significant Victories
Bankert v. 10 Roads Express, LLC, A-1-CA-41783 (N.M. App. March 17, 2025)
Successfully convinced the Court of Appeals to affirm the denial of a motion to compel arbitration in this class action under the New Mexico Minimum Wage Act. The Court agreed that the arbitration agreement was unenforceable under the Federal Arbitration Act’s transportation worker exemption.
In the Matter of the Estate of Perry R. Trujillo, No. A-1-CA-39680, 2024 WL 1093779 (N.M. App. March 13, 2024)
Successfully defended against the Estate’s appeal, which sought to redistribute valuable water rights and various family heirlooms. The New Mexico Court of Appeals agreed that the judgment should be affirmed, partially on the merits and partially for the Estate’s failure to preserve issues for appellate review.
Valdiviez, et al. v. Bridgestone Americas Tire Operations, LLC, et al., No. A-1-CA-36671, 2023 WL 5427953 (N.M. Ct. App. Aug. 23, 2023).
Successfully reversed trial court’s dismissal for lack of personal jurisdiction in a wrongful death product liability case.
Livingston Land, LLC v. Brooker, No. A-1-CA-38948, 2023 WL 2017517 (N.M. App. Feb. 15, 2023)
Successfully convinced New Mexico Court of Appeals to affirm judgment rejecting contract and fraud claims against state licensed medical cannabis growers for failure to prove damages.
Walker v. Carlsbad Med. Ctr., LLC, No. A-1-CA-40662, 2023 WL 209184 (N.M. Ct. App. Jan. 17, 2023)
Successfully convinced the New Mexico Court of Appeals to reverse summary judgment in a medical malpractice case in which the defendant hospital administered incorrect blood pressure medications to the wrong patient, causing a life-threatening drop in blood pressure. The Court of Appeals found that the grant of summary judgment was error because plaintiff’s medical expert’s testimony permitted a reasonable inference of causation.
Aquifer Science v. Verhines, et al., 2023-NMCA-020, 527 P.3d 667 (2022)
Successfully defended decision to deny developer’s water application that would have impaired existing wells and would have been contrary to conservation of water in New Mexico, along with cost award, including post-judgment interest, to prevailing public interest group that opposed water application.
Collado v. Fiesta Park Healthcare, LLC, 525 P.3d 378 (N.M. Ct. App. 022)
Assisted with briefing and strategy in defeating nursing home’s effort to overturn $11M verdict and, on cross-appeal, reinstating a jury finding that the various defendant-entities operated as a joint venture, making them all responsible for the nursing home’s conduct.
Rawlings v. Rawlings, 505 P.3d 875 (N.M. App. 2021)
Successfully convinced New Mexico Court of Appeals to reverse the final decree in a domestic relations case where district court violated the Rules of Civil Procedure by failing to conduct a hearing on mother's objections to a domestic relations hearing officer’s recommendations regarding child custody.
Forsythe v. Ford Motor Co., S-1-SC-37761 & -37762, 2020 WL 6611059 (N.M. Nov. 12, 2020)
Successfully convinced the New Mexico Supreme Court to reinstate Plaintiffs’ appeal that was wrongly dismissed as untimely by the New Mexico Court of Appeals. The Supreme Court held that the Court of Appeals improperly gave “greater weight to procedural formalities than to basic rights of appeal” and should have deferred to the district court’s decision to grant an extension of the Plaintiffs' notice of appeal deadline based on excusable neglect.
Vigil v. Ludwig-Vigil, No. A-1-CA-37912, 2020 WL 6155390 (N.M. App. Oct. 20, 2020)
In this domestic relations appeal, the Court of Appeals unanimously affirmed the district court’s method of calculating the community’s interest in Husband’s retirement benefits and valuing Wife’s share. The Court of Appeals also affirmed the district court’s refusal to allow Wife’s late-disclosed expert to testify, where Wife offered her expert report months after the evidentiary hearing.
Aquifer Science, LLC v. Verhines, et al., D-202-cv-2014-07209 (N.M. Dist. Ct. Jan. 27, 2020)
Working with trial counsel Paul Hultin and the New Mexico Environmental Law Center, who had previously secured an important ground water victory after a 2-week bench trial on behalf of the San Pedro Creek Homeowners’’ Association and other homeowners, DP&S prevailed on a bill of costs in the amount of $379,854.05, plus post-judgment interest. The cost bill was opposed by Aquifer Science and the Office of State Engineer (“OSE”), and the Court rejected arguments made by both parties in favor of DP&S’ clients. The Court further denied motions to reconsider filed by both Aquifer Science and the OSE following the ruling. DP&S continues to serve as lead appellate counsel in this case pending in the New Mexico Court of Appeals.
Griego v. Oliver, 316 P.3d 865 (N.M. 2013) (representing amicus curiae)
Holding that statutory scheme that denied same-sex couples the right to marry violates the Equal Protection Clause of the New Mexico Constitution.
Tran v. Bennett, 411 P.3d 345 (N.M. 2018)
Reversing parental rights conferred on former husband of biological mother where child already had two legal parents, biological mother and biological father; reversing sanctions imposed on biological parents for taking their child on a family vacation that allegedly interfered with former husband’s scheduled visitation.
VanderLugt v. VanderLugt, 429 P.3d 1269 (N.M. Ct. App. 2018)
As a matter of first impression, holding that wife had no community lien interest in asset of irrevocable trust – a life insurance policy with a net death benefit over $5 million – where husband created and funded the trust prior to marriage.
Tomlinson v. Weatherford, 399 P.3d 961 (N.M. Ct. App. 2017)
In complex multi-jurisdictional same-sex custody battle, reversing district court’s finding that petition should be heard in Oklahoma and remanding for adjudication of parentage of biological mother’s former domestic partner.
Hancock v. Nicoley, 392 P.3d 175 (N.M. Ct. App. 2016)
Reversing error of district court in awarding windfall of parcel of land in boundary dispute between neighboring ranchers.
State v. Flores, 355 P.3d 81 (N.M. Ct. App. 2015)
Reversing reckless child abuse conviction and 18-year term of imprisonment of father whose baby died while in his care.
Williams v. BNSF Railway Co., 359 P.3d 158 (N.M. Ct. App. 2015)
Upholding judgment on jury verdict in favor of employee injured by railroad, rejecting railroad’s challenge to admission of evidence of subsequent remedial measures and of injuries to other railroad employees.
Atherton v. Gopin, 340 P.3d 630 (N.M. Ct. App. 2014), cert. granted 344 P.3d 988 (N.M. 2014)
Reversing “draconian” use of summary judgment procedure as antithetical to New Mexico’s approach.
Chatterjee v. King, 280 P.3d 283 (N.M. 2012)
As a matter of first impression, holding that Uniform Parentage Act’s statutory presumption conferring status of father on a man applies equally to same-sex partner of child’s adoptive mother, noting that classifications based on gender are presumptively unconstitutional and that denying partner opportunity to establish parentage would harm both the child and the State.