2017, Along with our colleagues Jordan Lewis, of Fort Lauderdale, and Lichten & Liss-Riordan, P.C.., of Boston, Berger & Montague, P.C., of Philadelphia, this law firm has filed a class action against FedEx Ground Package System, Inc. alleging that the logistics giant has engaged in misclassification of its New Mexico drivers resulting in significant underpayment. The lawsuit, filed in federal district court in New Mexico, asks that the Court order FedEx to pay its affected drivers overtime under New Mexico statutory law and unauthorized deductions and other expenses under New Mexico statutory and common law. The lawsuit parallels similar claims brought by FedEx drivers around the country.
2017, In Tapia v. State Farm Fire and Cas. Co., the New Mexico Court of Appeals entered an opinion favorable to the Firm’s client and solidified New Mexico’s common law requiring insurance carriers to defend their insureds when a lawsuit against an insured is potentially covered by the carrier’s policy. On May 17, 2017, the New Mexico Supreme Court denied State Farm’s Petition for Writ of Certiorari.
2016, Albuquerque District Judge entered partial summary judgment declaring that an insurance company was wrong in its decision not to defend its insured—a local business. Mark Dow and Deb Stambaugh serve as insurance coverage counsel for the local business.
2015, After a four week jury trial, 255 Espinoza plaintiffs represented by Mark Dow received a verdict against utility companies Jemez Mountains Electrical Cooperative (JMEC) and Tri-State Generation for starting the largest wildfire in New Mexico history, which burned 156,000 acres. The jury determined that both JMEC and Tri-State were negligent in starting that catastrophic blaze, which burned for 30 days in June and July, 2011. The jury verdict holds JMEC 75% liable and Tri-State Generation 20% liable.
KRQE News Report
Albuquerque Journal Report
2015, Paa-Ko homeowner represented by Deb Stambaugh received over $1/2 million to settle construction defects lawsuit.
2015, Congratulations, Mark Dow! The New Mexico Supreme Court affirmed Yedidag v. Roswell Hospital Corporation, and protects the physician peer review process by prohibiting employers from taking adverse action against physicians if the adverse action is related to criticism made by physicians during peer review.
2015, Christopher Bauman and Deb Stambaugh negotiated a $5 million class action settlement for consumers who purchased property in the Mariposa East Public Improvement District prior to Albuquerque Academy’s withdrawal from that development in June of 2012.
Albuquerque Journal Report
2014, After a week long trial, the Lea County District Court entered Final Declaratory Judgment in favor of four workers represented by Mark Dow who were injured in the oilfields of southeastern New Mexico. The District Court reinstated insurance benefits for the four workers, all of whom were seriously injured and one of whom was killed, after the insurance carrier wrongfully canceled the policy. The District Court determined that the insurance carrier violatedthe New Mexico Non-Cancellation Endorsement after timely receiving all premiums due.
Excess insurance carrier paid $4.5 million to settle lawsuit by insured after the Santa Fe District Court granted Mark Dow and Deb Stambaugh’s motion for summary judgment declaring that the excess carrier breached its duty to defend its insured in an underlying wrongful death lawsuit.
Dr. Willis Muncey represented by Chris Bauman received a $2.3 million jury award in a commercial lawsuit against Eyeglass World for conversion of business property.
July 2010, A physician represented by Mark Dow received a favorable insurance bad faith settlement from the physician’s insurer after the insurer wrongfully refused to settle a medical malpractice lawsuit.
including insurance bad faith, construction defects, consumer rights, commercial disputes, and personal injury.