Posts by Julie Ziemendorf

Jury Announces Defense Verdict in Mold Exposure Case

On May 29, 2018, a twelve-person jury, Santa Fe County, returned a verdict for Defendant, Leslie Dugan, in a case brought by two former residential tenants alleging injuries from toxic mold exposure at an apartment they rented from her.  Scott Hatcher and Jonathan Woods presented the defense of the case on behalf of Ms. Dugan. …  Read more ›

Jury Awards Plaintiff in Police Pursuit Case

At the conclusion of a five-day jury trial on May 18, 2018, a twelve-person jury in Santa Fe County awarded Arlena Jackson $1,262,849.13 to compensate her for medical expenses and pain and suffering arising out of an accident which occurred on April 7, 2016 when she was hit by a fleeing felon who was being…  Read more ›

The Tenth Circuit Court of Appeals Reverses the New Mexico Federal District Court Decision on the Application of the Scope of Authority Exception to Qualified Immunity

The Tenth Circuit Court of Appeals, in a lead opinion by Judge Hartz with concurring opinions by Judge Holmes and Judge Matheson, reversed the lower court denial of summary judgment on behalf of Donald Gallegos, the District Attorney for the Eight Judicial District Court, State of New Mexico, on qualified immunity grounds.  Mr. Gallegos was…  Read more ›

Hatcher Law Group Secures Defense Verdict on Behalf of Former State Land Commissioner

In 2013, Peggy Walton, a former State Land Office Division Director in the Commercial Resources Division, sued then State Land Commissioner, Ray Powell, on a number of legal theories arising out of her separation from the office in June 2011. For background, see Peggy Walton v. Ray Powell, 821 F.3d 1204 (10th Cir. 2016).  Ms.…  Read more ›

The Scope of Authority of a District Attorney is the Focus of Argument at the Tenth Circuit

The case of Stanley v. Gallegos, USDC 1:11-CV-01108, was argued before the United States Circuit Court of Appeals for the Tenth Circuit on September 21, 2016.  The Hatcher Law Group represents the District Attorney for the Eighth Judicial District, New Mexico, which includes Colfax County, Donald Gallegos.   On August 24, 2011, Mr.…  Read more ›

Hatcher Law Group Wins Significant Summary Judgment for the Defense in a Claim Filed Under the New Mexico Whistleblower Protection Act

On October 3, 2016, District Judge Jennifer Attrep granted summary judgment to the Defendants in Gabrielle Kneale v. New Mexico Children, Youth and Families Department, D-101-CV-2013-03095, filed in the First Judicial District, County of Santa Fe.  Plaintiff, Ms. Kneale, worked as a grievance officer within the juvenile sexual offenders unit at CYFD’s Camino Nuevo facility…  Read more ›

Hatcher Law Group Obtains Bench Trial Verdict Below Its Rule 68 Pre-Trial Offer in Defense of a Third Degree Burn Case

  On August 4, 2016, Judge Freddie J. Romero, District Judge, Fifth Judicial District Court, in the matter of Joel Keeney, et ux. v. Otoniel Gomez d/b/a El Marcianito Cowboy, Chaves County No. D-504-CV-2013-398, entered his Amended Decision, Findings of Fact and Conclusions of Law in a case tried to the Court on December…  Read more ›

New Mexico Supreme Court Revisits Traditional Indemnity

  The New Mexico Supreme Court recently limited the application of traditional indemnity, sometimes called common law indemnity, by adopting Section 22, Restatement (Third) of Torts, in place of Section 886B, Restatement (Second) of Torts. See Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSS, 2016-NMSC-009, 368 P.3d 389. Before Safeway, an actively negligent…  Read more ›