In The News

Butt Thornton and Baehr expresses its thanks to its 2017 summer law clerks, Sean Dolan (2L), Diane Torres (2L), and Sunderjeet Kaur (1L) for hosting the fourteenth annual BTB Law Clerk Lunch.  This year’s lunch brought Persian delicacies to the BTB plaza. Not only was the home-cooked and hand-prepared food wonderful, but the decor was amazing and the lunch featured Henna tattoo artists.

Thank you to our terrific 2017 Summer Law Clerks and office manager, Gale Johnson, for continuing this great tradition at Butt Thornton and Baehr!

On June 7, 2017, Butt Thornton and Baehr participated in the annual Second Judicial District Pro Bono Legal Clinic. The Clinic, organized by New Mexico Legal Aid, is held on the first Wednesday of every month at the Second Judicial District Courthouse in Albuquerque, New Mexico.

Thanks to the assistance of eight attorneys and one paralegal from Butt Thornton and Baehr, more than twenty individuals received assistance at the June Clinic.

Many thanks to Jane Laflin, Al Green, Sherrill Filter, Rod Schlagel, Scott Stromberg, Felicia Boyd, Ryan Sanders, Marc Shuter, and Arslan Umarov for volunteering their time and expertise for this important event!  Special thanks to Jennifer Jung, Butt Thornton and Baehr paralegal, for assisting with the screening of clients and conflict checks!

Each year Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. The selection includes third-party validation of the lawyers’ professional accomplishments.

Butt Thornton & Baehr 2017 Southwest Super Lawyers include:

S. Carolyn Ramos: Personal Injury – General; Personal Injury – Products

W. Ann Maggiore: Medical Malpractice Defense, Civil Rights

Agnes Fuentevilla Padilla: Employment & Labor Litigation

Al Greeen: Environmental; Personal Injury – General; Professional Liability; Personal Injury – Products

Butt Thornton & Baehr 2017 Southwest Rising Stars include:

Felicia C. Boyd: General Litigation

Neysa E. Lujan: Workers’ Compensation

Ryan T. Sanders: Civil Litigation Defense

Scott Stromberg: Medical Malpractice Defense

It is with deep sadness that we announce the death of our partner and friend, David N. Whitham, who passed on March 20, 2017. David always strove to be his very best, to live life to the fullest and to appreciate those around him. We mourn his untimely death, but we celebrate the way he lived his life.  A celebration of David’s life will be held on Saturday, April 8th, 2017, 5:00 pm at the First Unitarian Church of Albuquerque, 3701 Carlisle Blvd. NE.

David is survived by his beloved wife of thirty years, Libby Dolan, and his loving son, Teo Martin Whitham, and his dogs, Bentley and Oliver.

In 1962 David came west with his family from his birthplace in Rutland, Vermont, via Boston, to Albuquerque. David graduated from Highland High School, the University of New Mexico and the University of New Mexico School of Law. He practiced law here for thirty five years with humor and integrity. He felt very fortunate to have found a professional home with Butt Thornton & Baehr, where he served as a managing partner, friend to many and was known as “father Dave” to all. David loved his land and the home he and Libby built and where they raised their beloved son, Teo. There he cultivated his gardens, fed thousands of birds and gazed into the universe from his observatory. He loved taking Libby & Teo boating on Navajo Lake, skiing in Colorado, camping on Mount Taylor & riding his motorcycle throughout the Southwest. Being a diehard Red Sox fan, David cherished spending time with Libby’s family at Fenway Park & the beaches of Cape Cod. Although David’s many interests gave him great pleasure, nothing gave him more pleasure than spending time with his son, Teo. David was known for his kindness, his humor & his intelligence, but above all for his love of family and friends.

David is also survived by his sister, Nancy Whitham; stepmother, Wanda Whitham; stepbrother, David Hubbard (Marybeth); stepsister, Judy Ontiveros (Manny); his sisters-in-law, Mary McNamera, Anne Lofredo (Joseph), Linda Dolan, and Dorothy Currier; his mother-in-law Janice Dolan and his loving nieces and nephew. He was predeceased by his father, Robert Whitham, and mother, Ann Newell.

In lieu of flowers, donations may be made to the Albuquerque Astronomical Society (www.taas.org); the Lustgarten Foundation for pancreatic cancer research (www.lustgarten.org) or the charity of your choice .

A message from NM Workers’ Compensation Administration Director Darin A. Childers:

It was with sad hearts that those of us at the WCA learned of the passing of David Whitham earlier this week. David was an attorney at the law firm of Butt, Thornton and Baehr and a longtime practitioner before the WCA. David was respected and very well-liked by his peers. His experience and professionalism warranted his appointment as a judge pro tem on various occasions over the years. We know he will be greatly missed and we extend our deepest condolences to his family and friends.

Darin A. Childers, Director

NM Workers’ Compensation Administration

Carlos G. Martinez has been selected by the New Mexico Workers’ Compensation Association for the 2017 Workers’ Compensation Association Outstanding Service Award. Practicing law since 1972, Mr. Martinez’s knowledge, experience, and passion for representing employers in Workers’ Compensation matters is uniquely unmatched.

Mr. Martinez’s practice is devoted to Workers’ Compensation matters, wherein he has repeatedly been listed as a Southwest Super Lawyer and has been listed in “Best Lawyers in America” for ten consecutive years. Mr. Martinez is also active in his community, supporting Big Brothers Big Sisters and the Boy Scouts of America.

On February 2, Mr. Johansen presented “Ethical Problems Faced By Insurance Defense Lawyers” to a large group of attorneys whose regular practice involves insurance defense. Mr. Johansen’s presentation entailed a lively discussion of current ethical issues and offered participants to critically think and respond to ethical questions presented during the discussion. Many of Mr. Johansen’s ethical topics and questions were based on situations he has experienced during his thirty years in practice.

Mr. Johansen is a shareholder at Butt Thornton & Baehr, PC, and regularly practices in the areas of general liability, complex litigation, construction law, professional liability, and insurance coverage matters.

Butt Thornton and Baehr welcomes two new associates, Katharine F. Griffing and Joshua D. Schwartz.

Katharine Griffing attending the University of Texas and University of Texas School of Law where she obtained her juris doctorate in 2001. Prior to joining Butt Thornton & Baehr PC, Ms. Griffing resided in New York City where she worked at two international law firms and focused on complex civil litigation. Ms. Griffing is a career litigator and looks forward to expanding that practice at Butt Thornton & Baehr PC.

Joshua Schwartz attended Harvard University and the University of New Mexico School of Law where he obtained his juris doctorate in 2013. Prior to joining Butt Thornton & Baehr PC, Mr. Schwartz served as a judicial law clerk at the New Mexico Court of Appeals and later worked as an executive director of a non-profit in Santa Fe, New Mexico. Mr. Schwartz looks forward to focusing his practice of law in the areas of complex civil litigation and appeals.

Congratulations to Neysa E. Lujan and Ryan T. Sanders who were elected as shareholders of Butt Thornton & Baehr PC!

Ms. Lujan is an alumnus of the University of New Mexico and graduated from St. Mary’s University School of Law in 2010. She has been selected as a Southwest Super Lawyer Rising Star in 2014, 2015, and 2016, and focuses her practice of law primarily on the defense of employers in workers compensation matters.

Mr. Sanders is an alumnus of the University of New Mexico and graduated from the University of New Mexico School of Law in 2008. He has been selected as a Southwest Super Lawyer Rising Star in 2014, 2015, and 2016. Mr. Sanders represents clients in the areas of trucking and transportation, construction law, professional liability, and complex civil litigation.

On October 22, 2016, Butt Thornton & Baehr attorneys, staff, friends, and family participated in Making Strides of Albuquerque, an annual five mile fundraising walk and celebration that supports Making Strides Against Breast Cancer, a division of the American Cancer Society. Participants celebrated the strides made in the fight against breast cancer, expressed a shared determination to continue that fight, and raised over $164,000.00 among the 360 teams of participants.

Butt Thornton and Baehr welcomes two new associates, Allison M. Beaulieu and Jason J. Patton.

Allison Beaulieu attended the University of Kansas School of Law for one year before transferring to the UNLV’s William S. Boyd School of Law, where she obtained her juris doctorate in 2014. Prior to joining Butt Thornton & Baehr, Mrs. Beaulieu served as an Assistant District Attorney with the Office of the District Attorney for the Second Judicial District and later served as an Assistant City Attorney for the City of Albuquerque in the Litigation Division.

Jason Patton attended the University of New Mexico School of Law where he obtained his juris doctorate in 2016. Although born and raised in Albuquerque, Mr. Patton attended to University of Denver for his undergraduate degree where he graduated with honors. Prior to attending law school, Mr. Patton spent approximately fifteen years in the construction business, having extensive experience in both commercial and residential construction.

An event that Ryan T. Sanders participates in on a yearly basis, Constitution Day is an opportunity for members of the legal community to present and teach the U.S. Constitution to fifth grade students around New Mexico. This year, Mr. Sanders presented and taught constitutional law to all fifth grade students at Apache Elementary School, here in Albuquerque. Along with a presentation conducted by Mr. Sanders, students are given opportunities to ask questions, engage in the presentation, and are provided with their very own pocket-sized U.S. Constitution.

On August 5, 2016, Butt Thornton & Baehr Shareholders S. Carolyn Ramos and Agnes Fuentevilla Padilla presented during the New Mexico Defense Lawyer’s Association’s sixth installment of Women in the Courtroom: Uniting for Success. Ms. Ramos, who additionally serves as the Program Chair for the event, presented “Defending the Unpopular Client: Effective Ways to Humanize the ‘Bad Guy’.” Ms. Fuentevilla presented “Problem-Solving From the Second Chair: Getting Heard and Getting Results.”

Ms. Ramos is the program chair for all six Women in the Courtroom Seminars. She is a shareholder and director at Butt Thornton & Baehr PC where her litigation and trial practice focuses on the defense of personal injury cases.

Ms. Padilla is the Vice-President and Shareholder at Butt Thornton & Baehr PC where her practice is focused on complex civil litigation, employment litigation, general liability and government entities and civil rights litigation.

Congratulations to Neil Blake, Michael Clemens, Al Green, and James Johansen who have been recognized in the 2017 Edition of The Best Lawyers in America ©.  Best Lawyers is a peer-reviewed publication which uses confidential peer-review surveys to recognize outstanding attorneys.

On June 18, 2016, Butt Thornton and Baehr Office Manager, Gale Johnson, volunteered at the New Mexico Association of Legal Administrators’ Community Connection annual family barbecue for Crossroads for Women.

Crossroads for Women is a local non-profit organization that provides comprehensive, integrated services to support women working to break the cycle of homelessness and incarceration.  The organization helps women achieve healthy, stable, and self-sufficient lives in the community for themselves and their children.

The annual barbeque was a huge success and included field day games, toys for the kids, great food, and wonderful company!

Thank you to the 2016 Butt Thornton and Baehr’ law clerks, Felicia Cantwell (2L), Ellie Perkins (1L), and Michelle Timm (2L) for hosting the thirteenth annual BTB Law Clerk Lunch.  This year’s lunch brought Brazil and the spirit of Olympic Games to the plaza.  The lunch included a hand-made Olympic ring sign, waterfall, great food, and wonderful company!

Thank you to our terrific summer law clerks and office manager, Gale Johnson, for continuing this great Butt Thornton and Baehr’ tradition!

Butt Thornton and Baehr welcomes new associate Jay J. Athey.

Jay Athey was born and raised in northern Virginia.  He graduated from Flagler College in St. Augustine, Florida with a degree in Communication, in 2007.  In 2011, he graduated cum laude from Florida State University College of Law in 2011.

Before joining Butt Thornton and Baehr, Mr. Athey practiced civil litigation defense in Florida and Colorado.  In his free time, he enjoys golf, biking, live music and spending time with his family.

On April 23, 2016, Butt Thornton and Baehr, paralegal, Linda Murphy helped serve thirty-five first responders at the Wills for Heroes, hosted by the New Mexico Young Lawyers Division, at the Santa Fe County Station.  The YLD Wills for Heroes Program provides simple wills, powers of attorney, and advanced health care directives for first responders.  Ms. Murphy served as a volunteer witness and notary.

Congratulations to Scott Owen for finishing The Milkman Triathlon June 4, 2016 in Roswell, New Mexico!

On June 2, 2016, Neysa Lujan tried her seventh Workers’ Compensation case in Dona Ana County testing the definition of a seasonal employee and the correct calculation of the Worker’s average weekly wage and compensation rate.

Ms. Lujan specializes in Workers’ Compensation law and assists employers, carriers, and self-insured groups in defending workers’ disability compensation claims.

Congratulations to Ms. Lujan on yet another successful trial!

On June 1, 2016, Butt Thornton and Baehr participated in the annual Second Judicial District Pro Bono Legal Clinic. The Clinic, organized by New Mexico Legal Aid, is held on the first Wednesday of every month at the Second Judicial District Courthouse in Albuquerque, New Mexico.

Thanks to the assistance of seven attorneys and one paralegal from Butt Thornton and Baehr, more than twenty individuals received assistance at the June Clinic.

Many thanks to Sherrill Filter, Amy Headrick, Charles Kraft, Quiana Salazar-King, Rod Schlagel, Scott Stromberg, and Arslan Umarov for volunteering their time and expertise for this important event!  Special thanks to Delight Rylance, Butt Thornton and Baehr paralegal, for assisting with the screening of clients and conflict checks!

Butt Thornton and Baehr welcomes two new associates, Charles B. Kraft and Arslan S. Umarov.

Charles Kraft graduated from the University of New Mexico School of Law in 2013.  While at UNM School of Law, he served as a Professional Articles Editor, on the New Mexico Law Review, and received Clinical Honors and the Dean’s Award for Significant Contribution to the Law School Community.

Before joining Butt Thornton and Baehr, Mr. Kraft worked as an Assistant Attorney General in Santa Fe, New Mexico, where he practiced open government/transparency law and worked as general counsel to various governmental entities, aiding them in litigation, administrative rule making, and licensure matters.  Thereafter, Mr. Kraft joined the Public Defender’s office, where he represented clients from arraignment through trial with a particular emphasis in DWI.  Outside of work, Mr. Kraft is a husband, father, and avid Yankees fan!

Arslan Umarov graduated from Texas Tech University School of Law in 2011.  Mr. Umarov is originally from Uzbekistan and immigrated to the United States as a teenager, following the collapse of the Soviet Union.  He attended the University of Memphis located in Memphis, Tennessee, where he graduated cum laude in 2004.  Thereafter, Mr. Umarov worked for for-profit, as well as non-profit, companies before going to law school.

Following law school, Mr. Umarov accepted a position at the U.S. Department of Health & Human Services where he worked on reforms to the Affordable Care Act.  Later he worked as an associate for John D. Wheeler in Alamogordo, New Mexico, where he had a well-rounded practice including personal injury, medical malpractice, and Indian law.   Outside of the office, Mr. Umarov enjoys hiking, cross-country skiing, and spending time with his wife and two children.

On Tuesday, May 17, 2016 Butt Thornton & Baehr honored Jane Laflin for over thirty years of service and dedication to the firm at a luncheon hosted at Hotel Albuquerque.

Ms. Laflin joined Butt Thornton & Baehr as a law clerk on December 20, 1985.  After graduation from the University of New Mexico School of Law, she joined the firm as an associate on October 5, 1987.  Ms. Laflin became a shareholder of Butt Thornton & Baehr in December of 1993.

Ms. Laflin’s practice focuses primarily on complex civil litigation and general liability.  She has successfully tried several cases throughout New Mexico and has litigated cases at both the Appellate and Supreme Court levels.

Ms. Laflin continues to enjoy the practice of law and is grateful for her continued friendships at Butt Thornton & Baehr.

Mr. Elms received a bachelor of arts and a master’s of art in business management from Texas Tech University in 201 and 2002.  He graduated from the University of Houston Law Center in 2006,  In 2014, he finished a master’s certification in wind energy management.

Mr. Elms’ practice focuses primarily on Workers’ Compensation defense, business and commercial transactions, estate planning and probate.  When not practicing law, Mr. Elms enjoys spending time with his family, golfing, skiing, and serving on both church and government boards.

Congratulations to the Butt Thornton & Baehr 2016 Southwest Super Lawyers!

Each year Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. The selection includes third-party validation of the lawyers’ professional accomplishments.

Butt Thornton and Baehr 2016 Southwest Super Lawyers include:

Monica R. Garcia: Personal Injury Products Defense

Alfred L. Green, Jr.: Environmental

W. Ann Maggiore: Medical Malpractice Defense

Agnes Fuentevilla Padilla: Employment & Labor

Butt Thornton and Baehr 2016 Southwest Rising Stars include:

Felicia C. Boyd: General Litigation

Neysa E. Lujan: Workers’ Compensation

M. Scott Owen: Workers’ Compensation

Ryan T. Sanders: Civil Litigation Defense

Scott Stromberg: Medical Malpractice Defense

Geoffrey White: Civil Litigation Defense

Jane A. Laflin of Butt Thornton & Baehr and Emily Franke (retired from Butt Thornton & Baehr) represented Rooter 2000 Plumbing and Drain SSS in a seminal case on indemnification in New Mexico.

The New Mexico Supreme Court decided Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS, No. S-1-SC-33969, slip op. (N.M. Sup. Ct. February 18, 2016).  The case arises out of a cross-claim for contractual and traditional indemnification. The complaint alleges that Plaintiffs, Briana Fierro and Jason Fierro, suffered injuries when a baby changing table collapsed in a Safeway store, and that the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and Rooter 2000 Plumbing and Drain SSS (Rooter).

The New Mexico Supreme Court in a detailed decision carefully reviewed whether the right to traditional indemnification is available notwithstanding New Mexico’s adoption of comparative fault where the jury compares and apportions fault among concurrent tortfeasors and whether the contract between Rooter and Safeway is void and unenforceable under NMSA 1978, Section 56-7-1 (1971, amended 2005, (Real property; indemnity agreements.)

The Supreme Court after reviewing the genesis of traditional indemnification and the adoption of contribution and comparative negligence, held that traditional indemnity does not apply when the jury finds a tortfeasor actively at fault and apportions liability using comparative fault principles. The Court also held that the duty to insure and defend provision of the Contract between Rooter and Safeway is void and unenforceable under NMSA 1978, Section 56-7-1 (1971, amended 2005).

W. Ann Maggiore will be a featured speaker at the 2016 National Emergency Medical Service (EMS) Medical Directors Course and Practicum in January. The annual meeting will be held at the Manchester Grand Hyatt in San Diego, California from January 11 through January 13, 2016. Ms. Maggiore will be discussing “Legal Issues in Medical Direction” and “Legal Cases and Medical Direction.”

Ms. Maggiore serves on the faculty of The National Association of EMS Physicians (NAEMSP). NAEMSP is a peer group organization which serves as a resource and advocate for EMS physicians and other EMS personnel. Since its inception in 1984, NAEMSP membership has grown to include over a thousand physicians, paramedics, nurses, administrators, educators, researchers, and EMS personnel from across the country.

Mr. Shuter graduated from the University of New Mexico in 2008 where he graduated summa cum laude with a Bachelor of Arts in English. In 2012 he graduated magna cum laude from the University of New Mexico School of Law. While in law school he earned the CALI Excellence for the Future Award for Constitutional Rights and the Faculty Award for Outstanding Contribution to the Law School Community.

Prior to joining Butt Thornton & Baehr, Mr. Shuter worked for a medical malpractice defense firm and as an Assistant District Attorney prosecuting white collar, violent, and property crime. He is admitted to practice law in New Mexico state and federal courts.

Mr. Shuter is also an accomplished independent filmmaker and has received recognition in many international film festivals and contests. In his spare time, he volunteers with the New Mexico Lawyers for the Arts, the Albuquerque Film Office, and for the New Mexico Film Foundation to provide legal assistance to independent filmmakers.

Congratulations to Phillip W. Cheves and Scott F. Stromberg who were named shareholders of Butt Thornton & Baehr PC in 2016!

Mr. Cheves is an alumnus of Abilene Christian University and graduated from Pepperdine University School of Law in 1991. He is admitted to practice law in New Mexico, Texas, and federal courts. Mr. Cheves has represented clients in a variety of areas including complex civil litigation, premises liability, domestic relations, criminal matters, and general liability.

Mr. Stromberg is an alumnus of the University of New Mexico and graduated from the University of New Mexico School of Law in 2010. He is admitted to practice law in New Mexico state and federal courts. Mr. Stromberg has represented clients in a variety of civil matters including complex civil litigation, trucking and transportation, and products liability. His practice now primarily focuses on medical and health care liability defense.