Results

Federal Cases

In the Matter of Albuquerque Utilities Corporation, NPDES NM 0029602 – Pueblo of Sandia challenged and won blocking a National Pollutant Discharge Elimination System (NPDES) permit application by a local developer; Sandbar located within the Rio Grande placed on the National Register of Historic Places to protect the Pueblo’s religious practices

Cabezon Band of Mission Indians v. State of California, 480 U.S. 202 (1987) U.S. Supreme Court decision allowing for Class III Indian Gaming – Amicus Curiae on behalf of the New Mexico Pueblos (1987)

Fall injury resulting in arm and head trauma settlement with the United States (Indian Health Services) – Federal Tort Claims Act – U.S. District Court (New Mexico) $500,000 (1999)

High Speed Pursuit resulting in wrongful death settlement with the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $1,000,000 (1999)

Trucking collision killing motorist wrongful death settlement – U.S. District Court (Arizona) $500,000 (1999)

Medical malpractice wrongful death settlement with the United States (Indian Health Services) for failure to diagnose heart attack resulting in death – U.S. District Court (New Mexico) $575,000 (2001)

Pedestrian motor vehicle wrongful death settlement with the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $1,000,000 (2003)

Summer school camper burned at summer school program settlement with the United States (Bureau of Indian Affairs Office of Indian Education – U.S. District Court (Arizona) $255,000 (2004)

Bad faith claims against auto insurer and insurance agent for failure to pay claim for personal injury – U.S. District Court (New Mexico) – $1,000,000 Plaintiff verdict on counterclaim (2005)

Teenage Hanging suicide case against the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $250,000 (2005)

Medical malpractice wrongful death settlement with the United States (Indian Health Services) for failure to diagnose cardiomegaly which resulted in death – U.S. District Court (New Mexico) $350,000 (2005)

Medical malpractice settlement for negligent laparoscopic cholecystectomy with the United States (Indian Health Services) – U.S. District Court (New Mexico) $250,000 (2005)

Medical malpractice wrongful death settlement with the United States (Indian Health Services) and private emergency room physician for the death of a 7 year old boy – U.S. District Court (New Mexico) $ 325,000 (2006)

Adult Hanging suicide case against the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $500,000 (2007)

Auto collision with tribal police vehicle rendering chiropractor permanently injured settlement with the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $850,000 (2007)

Auto collision personal injury high speed pursuit settlement for a family of four with the United States (Bureau of Indian Affairs) – U.S. District Court (New Mexico) $625,000 (2007)

Wrongful death medical malpractice for 18 year girl settlement with the United States (Indian Health Services) – U.S. District Court (Arizona) $500,000 (2008)

Medical malpractice wrongful death settlement of mother with surviving young son with the United States (Indian Health Services) – U.S. District Court (New Mexico) $350,000 (2008)

Medical malpractice wrongful death for negligent embolization against hospital and interventional radiologist $525,000 (2008)

Dental malpractice settlement with the United States (Indian Health Services) – U.S. District Court (Arizona) $50,000 (2009)

Medical malpractice wrongful death settlement with the United States (Indian Health Services) for death of six month old infant – U.S. District Court (New Mexico) $500,000 (2010)

Medical malpractice settlement with the United States (Indian Health Services) for a family and daughter who suffers from cerebral palsy due to an anoxic brain injury – U.S. District Court (New Mexico) $3,500,000 (2011)

State Cases

Declaratory Judgment granted against the State of Alaska Limited Entry Commission for a Yupik Eskimo family fishing permit – (1982)

Regulatory case on behalf of New Mexico utility ratepayers establishing utility charges for advertising to be paid by shareholders and not New Mexico ratepayers El Paso Electric Company v. New Mexico Public Service Commission, 103 N.M. 300 706 P.2d 511 (S. Ct. 1985)

Wrongful death medical malpractice against emergency room physician – (McKinley County District Court) $1,250,000 – Plaintiff Jury Verdict (2000)

Liquor liability (dram shop) against Gallup bar – wrongful death settlement McKinley County District Court – $850,000 (1999)

Medical malpractice settlement for anoxic brain injury for 8 year old boy following tonsillectomy – Bernalillo County District Court $1,950,000 (2007)

Products liability wrongful death settlement with car manufacturer and operator for motor vehicle collision killing New Mexico Marine Corps Corporal – Santa Fe District Court – $1,500,000 (2007)

Liquor liability (dram shop) settlement for personal injuries against Gallup bar – Santa Fe District Court $300,000 (2008)

Personal injury settlement with New Mexico Highway Department and horse owner– Santa Fe District Court – $300,000 (2009)

Personal injury trial against retail store for negligent installation of baby changing table – Plaintiff Jury Verdict – McKinley County District Court – Plaintiff verdict $450,000 (2009)

Medical malpractice wrongful death settlement with hospital – McKinley County District Court – $340,000 (2009)

Nursing home wrongful death settlement – Bernalillo County District Court – $1,500,000 (2010)

Wrongful death auto collision settlement –McKinley County District Court – $125,000 (2010)

Navajo Nation Tribal Cases

Navajo Nation Supreme Court ordering “stacking” of automobile insurance policies for personal injury – Navajo Nation Supreme Court – Benalli v. First National Insurance Company of America, 7 Nav. R. 329 (1998)

Wrongful death settlement for auto collision – Chinle District Court $51,891.03 (2003)

Medical malpractice wrongful death settlement against hospital– Window Rock District Court – $350,000 (2006)

Nursing home personal injury settlement for personal injuries – Chinle District Court – $165,000 (2007)