Significant Victories
State v. Romero, 142 P.3d 887 (N.M. 2006) (representing amicus curiae)
Holding that State does not have jurisdiction to prosecute enrolled tribal members for alleged crimes occurring within the exterior boundaries of an Indian Pueblo.
Padilla v. Wall Colmonoy Corp., 145 P.3d 110 (N.M. Ct. App. 2006)
On interlocutory appeal, affirming denial of employer’s motion to dismiss wrongful death case arising from workplace injury; retroactively applying Supreme Court precedent stating that exclusivity provision of Workers’ Compensation Act does not protect employer from tort suit where employer willfully or intentionally injures worker.
Coleman v. City of Las Cruces, 137 P.3d 670 (N.M. Ct. App. 2006)
Affirming jury verdict for injured pedestrian, holding that a plaintiff is not required to name an individual public employee as a defendant to recover damages under the Tort Claims Act; naming only a governmental entity is sufficient.
Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006)
Holding that Indian Pueblo did not waive its sovereign immunity on breach of lease claim, and tribal officials were not liable under 42 U.S.C. § 1983 for actions taken under color of tribal law.
Williams v. Stewart, 112 P.3d 281 (N.M. Ct. App. 2005)
In class action brought by family members of decedents whose body parts were taken surreptitiously and used in experiments at Los Alamos National Laboratory to test plutonium levels, reversing summary judgment on statute of limitation grounds granted in favor of physician who performed autopsies in aid of experiments.
Ebbert v. DaimlerChrysler Corp., 319 F.3d 103 (3d Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
Fenney v. Dakota, Minnesota & Eastern R.R. Co., 327 F.3d 707 (8th Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
EEOC v. J.H. Routh Packing Co., 246 F.3d 850 (6th Cir. 2001)
Reversing judgment on the pleadings entered in favor of company charged with discrimination under the Americans with Disabilities Act.
EEOC v. Roadway Express, Inc., 261 F.3d 634 (6th Cir. 2001)
Affirming order to show cause to compel compliance with subpoena due to company’s failure to turn over documents relevant to Commission’s charge of race and sex discrimination.
Pollard v. E.I. DuPont de Nemours & Co., 532 U.S. 843 (2001) (representing EEOC as co-counsel with Solicitor General on behalf of United States as amicus curiae)
In Title VII hostile work environment claim, holding that front pay is not an element of compensatory damages subject to the statutory cap in the Civil Rights Act of 1991.
Farrell v. Planters Lifesavers Co., 206 F.3d 271 (3d Cir. 2000) (representing amicus curiae)
In Title VII case, holding that district court applied wrong standards in determining that employee failed to establish a prima facie case of retaliation and quid pro quo sexual harassment; reversing in part summary judgment for employer.
EEOC v. W & O, Inc., 213 F.3d 600 (11th Cir. 2000)
Affirming awards of punitive damages to class of women under the Pregnancy Discrimination Act against employer who had a written policy barring pregnant waitresses from waiting tables past their fifth month of pregnancy; concluding that there was sufficient evidence for jury to find that employer acted with reckless indifference to the civil rights of its pregnant employees; as a matter of first impression, holding that each aggrieved employee may receive up to the full amount permitted by the applicable statutory cap on damages.
EEOC v. Stowe-Pharr Mills, Inc., 216 F.3d 373 (4th Cir. 2000)
Reversing summary judgment for employer in suit brought under the Americans with Disabilities Act; in spite of plaintiff’s statement in Social Security Disability Insurance application about her inability to work, the Commission was not estopped from asserting that plaintiff was a qualified individual with a disability, i.e. that she could perform the job’s essential functions with or without a reasonable accommodation.