Miller Stratvert P.A. News for “Results”

Tenth Circuit Enters Judgment in Favor of Defendants

Categories: Results

Cody Rogers and Luke Salganek

Cody Rogers and Luke Salganek

Cody R. Rogers (Las Cruces) and Luke A. Salganek (Santa Fe) recently obtained a judgment from the Tenth Circuit Court of Appeals affirming the United States District Court for the District of New Mexico’s grant of seventeen motions for summary judgment in favor of New Mexico State University (“NMSU”) and its employees.  The case, which was originally filed in 2008, involved numerous allegations of racial discrimination and retaliation by NMSU and ...

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Summary Judgment Win in State District Court in Santa Fe

Categories: Results

Todd Schwarz and Stephen Waller

Todd Schwarz and Stephen Waller

Stephen Waller and Todd Schwarz prevailed on summary judgment in a coverage declaratory judgment action in State District Court in Santa Fe on August 5, 2015.  Waller and Schwarz convinced the Court that an injured employee lacks standing to make direct claims against her employer’s Commercial General Liability Policy for personal injuries allegedly arising from her employer’s negligent and reckless failure to provide a safe workplace.

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Summary Judgment on Behalf of an Electric Utility

Categories: Results

Todd Schwarz

Todd Schwarz

Todd Schwarz won summary judgment in New Mexico State Court on behalf of an electric utility. The Court ruled that an electric utility does not have a duty to enter a building that is under construction to ensure that it is “clear” before energizing it. The utility has the right to rely on the electrical contractor in charge.

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Favorable Appellate Decision from the NM Court of Appeals

Categories: Results

Cody Rogers

Cody Rogers

Cody R. Rogers (Las Cruces) recently received a favorable appellate decision from the New Mexico Court of Appeals, which affirmed a directed verdict entered in favor of the firm’s physician client in a medical negligence matter.  The case, which involved alleged negligent misdiagnosis of gallbladder disease, an alleged unnecessary surgery, and an alleged surgical injury to the patient, was tried in early 2013 by Matthew S. Rappaport (Albuquerque) and Lawrence ...

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