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)
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