Matthew M. Beck becomes a shareholder of PHMB
Peifer, Hanson, Mullins & Baker, P.A. is pleased to announce that Matthew M. Beck has become a shareholder of the firm. Matt has been with the firm since 2020 and practices in the areas of white collar criminal defense, commercial litigation, including oil and gas law, and personal injury.
Peifer, Hanson & Mullins, P.A. is please to announce its new name of Peifer, Hanson, Mullins & Baker, P.A.
PHM Client Awarded Full Amount
A Peifer, Hanson & Mullins client secured a complete trial victory on June 20, 2019, following a four-day jury trial before the Hon Denise Barela Shepherd in Albuquerque. Mark Baker and Greg Williams were trial counsel for Peacock Law, P.C. in the case Peacock Law, P.C. v. Jevne, D-202-CV-2016-01035. The jury awarded the firm's client the full amount Denise Jevne owed for substantial unpaid legal work and rejected all of the defendant's counterclaims.
Elizabeth K. Radosevich becomes a shareholder of PHM
Peifer, Hanson & Mullins, P.A. is pleased to announce that Elizabeth K. Radosevich has become a shareholder of the firm. Libby has been with the firm since 2006 and practices in areas including healthcare and commercial litigation, and represents clients and families bringing wrongful death actions.
Best Lawyers in America recognizes PHM attorneys
Best Lawyers in America® 2016 has recognized three Peifer Hanson & Mullins in the practice area of Commercial Litigation in New Mexico: Charles Peifer, Robert Hanson and Matthew Hoyt. Best Lawyers in America is the oldest and one of the most highly-regarded peer-review publications in the legal profession. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than three million confidential evaluations by top attorneys. Because being listed in Best Lawyers is conferred on a lawyer by his or her peers, it is considered an honor to be included in the list.
Southwest Super Lawyers recognizes Mark T. Baker
Peifer, Hanson & Mullins attorney, Mark T. Baker has been selected to the 2015 Southwest Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
Martindale-Hubbell recognizes Gregory P. Williams
Martindale-Hubbell has awarded Gregory P. Williams a "AV Preeminent" rating. This is the highest rating given by Martindale-Hubbell to any attorney for legal ability and adherence to professional standards of conduct. The Martindale-Hubbell ratings are based on evaluations from attorneys and judges.
PHM Client Secures $27.75 Million Settlement in Royalty Class Action Against Devon Energy Corporation
A Peifer, Hanson & Mullins client has secured a $27.75 million cash settlement for royalty owners of coalbed methane natural gas produced by Oklahoma City-based Devon Energy Corporation in New Mexico's San Juan Basin. The settlement ends an 11-year class action against the natural gas producer and its affiliate Blackwood & Nichols Company, which plaintiffs alleged underpaid royalties by taking improper deductions for the costs of making coalbed methane gas into a marketable product. The Court-approved settlement represents over 200% percent of the actual damages claimed by the plaintiff on behalf of the class, and was negotiated after years of litigation and multiple appeals. Peifer, Hanson & Mullins represented the plaintiff and the class, along with lawyers from the Eaves Law Firm, PA, Sutin, Thayer & Browne PC, and Mary E. Walta PC. The case is Davis v. Devon Energy Corp. et al., New Mexico First Judicial District Court No. D-0101-CV-2003-01590.
PHM Clients Secure $85 Million Settlement in Royalty Class Action Against Burlington Resources
Peifer, Hanson & Mullins clients have secured a $85 million cash settlement for royalty owners of coalbed methane natural gas produced by Burlington Resources Oil & Gas Company, LP in New Mexico's San Juan Basin. The settlement resolves claims in an almost 11-year class action against the natural gas producer, which plaintiffs alleged underpaid royalties by taking improper deductions for the costs of making coalbed methane gas into a marketable product. The Court-approved settlement represents approximately 86 percent of the actual damages claimed by the plaintiffs on behalf of the class, and was negotiated after years of litigation, multiple appeals, and removal to and remand from Federal district court. Peifer, Hanson & Mullins represented the plaintiffs and the class, along with lawyers from the Eaves Law Firm, PA, Sutin, Thayer & Browne PC, and Mary E. Walta PC. Burlington is part Houston-based ConocoPhillips company, one of the largest energy producers in the world. The case is Phillis Ideal et al v. Burlington Resources Oil & Gas Company LP, New Mexico First Judicial District Court No. D-0101-CV-2003-02309.
Martindale-Hubbell recognizes Mark Baker
Martindale-Hubbell has awarded Mark T. Baker a "AV Preeminent 5.0" rating. This is the highest rating given by Martindale-Hubbell to any attorney for legal ability and adherence to professional standards of conduct. The Martindale-Hubbell ratings are based on evaluations from attorneys and judges.
Mark T. Baker joins PHM
Peifer, Hanson & Mullins, P.A. is pleased to announce that Mark T. Baker has joined the firm as a shareholder. He joins the firm from the U.S. Attorney's Office, where he prosecuted criminal civil rights cases and violent felonies. Mr. Baker practices in the areas of commercial litigation, general civil litigation, criminal law, and civil rights.
Martindale-Hubbell recognizes Matt Hoyt
Martindale-Hubbell has awarded Matthew R. Hoyt its "AV" rating. This is the highest rating given by Martindale-Hubbell to any attorney for legal ability and adherence to professional standards of conduct. The Martindale-Hubbell ratings are based on evaluations from attorneys and judges.
US News Best Lawyers recognizes Peifer, Hanson & Mullins P.A.
US News Best Lawyers ranks Peifer, Hanson & Mullins P.A. as Tier One - Albuquerque in five practice areas in the recently released 2011-2012 “Best Law Firms” survey:
Commercial Litigation
Legal Malpractice Law – Defendants
Litigation – Eminent Domain and Condemnation
Mass Tort Litigation / Class Actions – Plaintiffs
Media & First Amendment Law
Greg Gambill interviews Charles R. Peifer
Interview can be accessed here.
ANNOUNCEMENTS:
Matthew R. Hoyt has been appointed by the New Mexico Supreme Court to serve on the Court's Civil Uniform Jury Instructions Committee. Mr. Hoyt has been appointed for a three-year term. Gregory P. Williams, who also serves on the Committee, has been a member since 2009 and will serve until late 2014.
PHM Client Generates Landmark Decision on Executive Privilege
In a case brought by The Republican Party of New Mexico, the New Mexico Supreme Court to issue a landmark ruling imposing strong limits on the ability of government officials in New Mexico to invoke executive privilege as a basis to shield communications from the public. The decision is the final ruling in a case brought under New Mexico’s Inspection of Public Records Act (“IPRA”). The case arose after the New Mexico Motor Vehicle Division (“MVD”) invoked executive privilege when refusing to release e-mail communications relating to the issuance of New Mexico driver’s licenses to foreign nationals. MVD claimed that the e-mails were protected by two different forms of the executive privilege -- the executive communications privilege, which has been applied to communications made at the highest levels of the executive branch, and the deliberative process privilege, which is applied by some courts to communications reflecting deliberations over policy decisions. Peifer, Hanson & Mullins represented the Republican Party in the proceedings before the New Mexico Supreme Court after both the district court and New Mexico Court of Appeals ruled in favor of MVD.
In ruling that the communications were not privileged and therefore should have been released to the Party upon request, the New Mexico Supreme Court stated clearly and decisively that New Mexico does not recognize the deliberative process privilege, and accordingly lower level executive officials cannot rely on that privilege to shield their communications from public view. The Court also imposed clear limitations on the ability of the Governor to invoke the executive communications privilege, stating that 1) the privilege will only apply to communications, and not to other materials that the Governor considers as part of her decision-making process, 2) the privilege will only apply to communications between the Governor and her closest advisors, and not other members of the executive branch, and 3) the privilege can be invoked only by the Governor, not by any other executive official. In reaching its decision, the New Mexico Supreme Court also resolved a long-running question as to whether government officials could invoke an open-ended exception to IPRA, firmly rejecting any such contention and concluding that the government can only withhold records that fall into the specific enumerated exemptions provided in the statute.
Forum for Open Government Honors Matthew Hoyt
In 2011, the New Mexico Forum for Open Government awarded the William S. Dixon First Amendment Freedom Award to Matthew Hoyt for his work in San Juan Agricultural Users Association v. KNME-TV.
PHM Client Prevails in IPRA Litigation
In a ruling that the communications were not privileged and therefore should have been released to the Party upon request, the New Mexico Supreme Court stated clearly and decisively that New Mexico does not recognize the deliberative process privilege, and accordingly lower level executive officials cannot reply on that privilege to shield their communications from public view. The Court also imposed clear limitations on the ability of the Governor to invoke the executive communications privilege, state that 1) the privilege will only apply to communications, and not to other materials that the Governor considers as part of her decision-making process, 2) the privilege will only apply to communications between the Governor and her closest advisors, and not the members of the executive branch, and 3) the privilege can be invoked only by the Governor, not by any other executive official. In reaching its decision, the New Mexico Supreme Court also resolved a long-running questions as to whether government officials could invoke an open-ended exception to IPRA, firmly rejecting any such contention and concluding that the government can only withhold records that fall into the specific enumerated exemptions provided in the statute.
PHM Client Prevails in Redistricting Litigation
This past winter, Peifer, Hanson & Mullins represented New Mexico Lieutenant Governor John Sanchez in a series of state and federal lawsuits regarding reapportionment of New Mexico's Congressional, state Senate, state House of Representatives, and state Public Regulation Commission districts pursuant to the 2010 census. After a series of bench trials in Santa Fe, followed by an expedited appeal to the New Mexico Supreme Court (and attempts by some parties to litigate the matter in federal district court), the trial court adopted redistricting plans advocated by the Lt. Governor in three out of the four offices subject to reapportionment. The firm has participated in the redistricting litigation resulting from each of the three last decennial censuses.
PHM Client Obtains Favorable Appellate Ruling on IPRA Fees
The Rio Grande Sun, a weekly newspaper covering northern New Mexico, is the beneficiary of a ruling from the New Mexico Court of Appeals instructing district courts to ensure that private litigants are fully compensated for attorney's fees incurred in an effort to force a government agency to comply with the requirements of the New Mexico's Inspection of Public Records Act ("IPRA"). The firm filed the appeal on behalf of the Sun after successfully obtaining a judgment in the trial court that the Jemez Mountains Pubic School District violated IPRA in refusing to provide the Sun with documents related to an employee's embezzlement of school district funds. The district court, despite ruling that the school district had violated IPRA, awarded the Rio Grande Sun less than 25% of the fees it incurred in obtaining the judgment. The Court of Appeals, in reversing that decision, emphasized that IPRA "embodies distinct public policy goals that must be considered when fees are awarded in accordance with that statutory scheme" and that "IPRA's fee requirement encourages individuals to enforce IPRA on behalf of the public." The Court held that, to further IPRA's policies, "attorney fees awarded should reflect the full amount of fees fairly and reasonably incurred by the plaintiff in securing an award under the statutory scheme. Without this incentive, prospective plaintiffs might have difficulty pursuing their claims and enforcing IPRA on behalf of the public." The Court of Appeals opinion is available from the New Mexico Compilation Commission here.