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Practice AreasAdministrative Law Administrative LawSheehan, Sheehan & Stelzner's practice includes representation of private entities and individuals before federal and state agencies -- a service necessitated by the continuing nexus between private and public concerns and the highly regulated nature of our society. For example, the firm has represented clients on water rights matters before the State of New Mexico Office of the State Engineer, on bid protests before the New Mexico Information Systems Council, and on licensing issues before the State Purchasing Division of the General Services Department and the New Mexico Department of Regulation and Licensing. In the environmental area, the firm has represented landowners before the United States Environmental Protection Agency in connection with the storage and disposal of PCBs, and has assisted clients in dealing with the New Mexico Environment Department concerning clean-up of hazardous substances, including gasoline contamination, asbestos and hazardous chemicals. The firm has also developed insight into administrative practice and procedure through its representation of a number of state and local government bodies and agencies, including the Albuquerque Bernalillo County Water Utility Authority; the Artesia Special Hospital District; the City of Farmington; the City of Santa Fe; Curry County; the New Mexico Beef Council; the New Mexico Department of Energy, Minerals and Natural Resources; the New Mexico Department of Game and Fish; the New Mexico Office of the State Engineer; the New Mexico Department of Transportation; New Mexico State University; the San Juan County Water Commission; Santa Fe County; the University of New Mexico, and Valencia County. In addition, Craig Erickson of the firm has been an administrative hearing officer for the New Mexico Department of Health since 2003. Thomas J. Horan, Of Counsel to the firm, has a Master's Degree in Public Administration, and has developed a unique perspective on administrative law as a member of the New Mexico House of Representatives, from 1975-1977, and through his provision of legislative relations services to a wide spectrum of clients over the past three decades. Arbitration and MediationDue to the spiraling costs of litigation and court delays arising from serious case backlogs, the firm believes that alternative dispute resolution methods, such as arbitration and mediation, often provide the most efficient and effective means of resolving controversies. Furthermore, courts today in New Mexico and around the country are pressing litigants to mediate. In addition to representing clients in arbitration and mediation, members of the firm are available to serve as mediators and arbitrators of disputes. A number of the firm's attorneys have received special training in negotiation and settlement facilitation and have served as arbitrators, mediators and settlement facilitators. For example, Timothy M. Sheehan is a member of the Construction Industry Arbitration Panel of the American Arbitration Association, as well as the Association's Large, Complex Case Panel, and has served as an arbitrator in a variety of complex construction disputes. He is also a member of the Association of Attorney-Mediators, and has received mediation training from the Attorney-Mediators Institute in Houston, Texas. Mr. Sheehan has served as a mediator and settlement facilitator in numerous commercial disputes. Luis G. Stelzner has mediated over 2,000 disputes in a wide range of areas, including cases involving products liability, personal injury, commercial conflicts, employment litigation, professional malpractice and construction disputes. A substantial part of his practice is now devoted to serving as a mediator. Mr. Stelzner also has served as an arbitrator in a number of cases. Briggs F. Cheney, who is Of Counsel to the firm, is a member of the Association of Attorney Mediators, and was trained in mediation by the Attorney-Mediators Institute in Houston, Texas. He also is a member of the American Arbitration Association's panel of neutral arbitrators and its Large, Complex Case panel. Mr. Cheney mediates and arbitrates primarily in the personal injury area, and has served as a mediator or arbitrator in more than 100 cases. Wendy E. York, Of Counsel to the firm, maintains a full-time arbitration and mediation practice and also serves as a Special Master by court appointment. Prior to joining the firm, Ms. York served as a trial court judge in the Civil Division of the Second Judicial District Court in Albuquerque, New Mexico for eight years, where she presided over more than 1,200 civil cases, including tort cases, employment cases, class actions, commercial litigation and complex litigation. As a result of her judicial experience, she has a unique ability to help disputants appreciate the strengths and weaknesses of their positions and the vagaries that can make going to trial so risky and unpredictable. Ms. York has received advanced training in dispute resolution from Pepperdine University. Art LawSheehan, Sheehan & Stelzner's practice involves legal issues relating to the art world. Artists, collectors, dealers, galleries, museums and publishers have chosen our law firm to represent them for many years. During those years, we have assisted in the resolution of disputes between artists and galleries, and the negotiation and enforcement of agreements between artists and publishers. The firm emphasizes close, on-going communication with its art world clients. A sampling of those clients includes:
Noel Bennett Aviation LawSheehan, Sheehan & Stelzner has more than twenty years of experience in trial and appellate litigation arising from aircraft accidents. During that time, we have represented clients in aircraft crash and mid-air collision cases involving private aircraft, military aircraft and hot air balloons. Our long-term experience and interest in aviation law reflects the fact that the founding member of the firm is a retired Air Force general. The firm has litigated claims of wrongful death, products liability, negligent entrustment and negligent operation in cases raising a broad range of issues, including alleged design and manufacturing defects, improper maintenance, in-flight failure, negligent continuation of a flight into adverse weather conditions, pilot intoxication, and negligent fuel management. We have emphasized defense work on behalf of component part manufacturers and aircraft manufacturers, with occasional plaintiff representation of fixed-base operators and others in the aviation industry. Thomas J. Horan, Of Counsel to the firm, is an instrument-certified commercial helicopter and airplane pilot, and an FAA-certified airplane flight instructor, who has logged over 2,000 hours of helicopter flight and 1,500 hours of single-engine and multi-engine airplane flight. In addition to serving as an Army helicopter instructor pilot since 1970, he has been an aircraft maintenance officer, an aviation safety officer and a helicopter ambulance pilot. Mr. Horan also has extensive mountain flying experience, has flown on U.S. Forest Service and BIA forestry service contracts, and has served as an expert witness in airplane accident cases. Among the clients that the firm has represented in aviation litigation are:
Aeronautics, Inc. Commercial LitigationA major part of Sheehan, Sheehan & Stelzner's practice is devoted to litigating a broad spectrum of commercial issues. For example, the firm frequently represents its construction industry clientele in disputes, which often involve complex factual issues and voluminous documents. Our commercial litigation experience extends to disputes in the areas of employment law, consumer law, oil and gas law, securities law, water law, and natural resource law, and has involved contracts and real property disputes, professional malpractice defense, business torts, insurance coverage, the Uniform Commercial Code, and lender liability issues. We have a state-of-the-art computerized system for document control to assist in organizing and streamlining complex commercial litigation. The firm's attorneys have jury and non-jury trial experience in state and federal courts, and also have represented clients in adjudications before administrative agencies. The firm is also committed to pursuing alternative dispute resolution techniques, such as arbitration and mediation. Those forums increasingly provide the most timely and economical means of resolving commercial disputes. Many of the firm's attorneys have served as arbitrators, and have significant experience representing clients in arbitration proceedings in conjunction with the firm's long-standing service to construction industry clients. Construction and Procurement LawFor more than thirty-five years, Sheehan, Sheehan & Stelzner has represented a broad array of construction industry clients. Our many clients in this area include construction managers, general contractors, subcontractors, owners, design professionals and the State of New Mexico. The firm regularly represents clients in cases involving construction claims, bidding and procurement issues, construction liens, delay damage claims, Miller Act claims, governmental regulation of the construction industry, contract interpretation and construction failures. Every member of the firm is available to serve the legal needs of the construction industry. Our trial lawyers make every effort to quickly master the facts of each construction dispute in order to advise clients of viable options for resolution, including possibilities for negotiated settlement and the advisability of preparing the case for presentation to a judge, jury or arbitration panel. Members of the firm regularly serve as arbitrators in an effort to help resolve the growing number of construction disputes that are submitted to arbitration. Firm members also participate in the construction industry through the presentation of seminars to numerous trade associations, lawyer groups and law students. Timothy M. Sheehan is the author of a text entitled Construction Law in New Mexico, which provides members of the construction industry and lawyers with a comprehensive overview of construction law in the State. In addition, members of the firm belong to the Construction Industry Forum of the American Bar Association, the Associated General Contractors of New Mexico, the Construction Industry Arbitration Panel of the American Arbitration Association, the Construction Financial Management Association, and Associated Builders & Contractors of New Mexico. Employment LawThere have been many significant changes in the employment law area in recent years, including steady erosion of the termination-at-will doctrine, hiring and firing constraints imposed by federal statutes such as the Americans with Disabilities Act and the Age Discrimination in Employment Act, confusion caused by ambiguity in wage and hour laws governing overtime and compensatory time off, and a proliferation of discrimination charges under federal civil rights statutes and the New Mexico Human Rights Act. As a result, employers are finding themselves increasingly vulnerable to employment-related claims, and in need of legal counseling on their rights and responsibilities under various federal and state laws governing employment practices. In addition, economic changes have occasioned corporate restructuring and down-sizing, with resultant reductions in force. The firm's employment law practice has expanded in response to those developments, and we provide a variety of large and small employers, as well as employees, with assistance on employment-related matters. For example, the firm has defended employers in administrative proceedings and litigation involving claims of sexual harassment, and discrimination based on race, religion, age, gender, ethnicity and disability. We have represented employers as well as employees in disputes involving claims of breach of employment contracts, wrongful termination, and retaliatory discharge, and in administrative proceedings involving unemployment compensation claims. Kim A. Griffith of the firm provides ongoing counsel to a number of companies on personnel issues, including employee performance and disciplinary problems; investigation and handling of discrimination complaints; and evaluation of wage and hour issues. The firm's goal in employment law counseling is to help employers understand their legal obligations under federal and state law, and to facilitate proper investigation and handling of personnel issues in order to prevent claims. In addition, Ms. Griffith assists clients with drafting and review of employment contracts, including hiring contracts and severance agreements; independent contractor agreements, and personnel policies and procedures. Environmental LawSheehan, Sheehan & Stelzner offers representation to individuals, insurers, businesses, and governmental entities in the area of environmental law. Examples of the firm's work in the environmental law area include representation of insurance companies in leaking underground storage tank cases, and of property owners in real estate transactions involving contaminated land. We have represented landowners in environmental litigation arising out of gasoline contamination and other hazardous waste, including PCBs, medical wastes and solvents. The firm has also represented the New Mexico Department of Transportation and the Greater Albuquerque Chamber of Commerce in environmental litigation involving the construction of highway bridges over the Rio Grande; the New Mexico Department of Game and Fish; the Middle Rio Grande Conservancy District, and the San Juan Water Commission in issues regarding the Endangered Species Act. The firm uses a team approach in its work on environmental cases. Our attorneys work regularly with outside technical experts including geologists, hydrologists and economists with experience in environmental assessment and remediation. The firm's litigators and its extensive legal research, investigative and staff-support resources, complete the team and are available as needed to enhance the firm's services in this area. Grand Jury Representation and Criminal DefenseAn increasing risk for those doing business in today's complex regulatory environment is heightened scrutiny by state and federal investigatory bodies, and the potential for prosecutors or government investigators to look into everyday business and personal affairs. Often, the businesses and individuals under investigation have done nothing more than engage in routine business practices and make business decisions they believe to be proper and lawful, or have had the misfortune of doing business with people or companies that are targets of government investigation. Luis G. Stelzner and Sara N. Sanchez of the firm provide a full range of services to clients who find themselves under subpoena to testify or the subject or target of grand jury or criminal proceedings. Those services include counseling on appropriate response to subpoenas; advice on the criminal process and the rights and obligations of witnesses and people under investigation; protection and safeguarding of client confidentiality; representation of client interests in meetings with prosecutors and investigators, and defense in criminal as well as civil proceedings where a conviction or finding of liability could result in imposition of fines, penalties and/or incarceration. Mr. Stelzner taught criminal law and procedure at the University of New Mexico School of Law for nine years, and also served as an Assistant District Attorney with the Consumer Fraud White Collar Crime Unit of the San Francisco District Attorney's Office. He has represented businesses and individual clients in connection with grand jury subpoenas; investigations by federal, state and local prosecutorial bodies, and in criminal and quasi-criminal proceedings. Ms. Sanchez served as a trial attorney for the Public Defender Service of Washington, D.C., where she represented clients in felony and juvenile cases, from arraignment through trial and sentencing. She then worked as an associate at the law firm of Manatt, Phelps and Phillips in Los Angeles, California, where she represented individual and corporate clients in connection with federal and state criminal proceedings, grand jury subpoenas, and criminal and regulatory investigations. Ms. Sanchez is an active member of the New Mexico Criminal Defense Lawyers Association and sits on the Criminal Justice Act Panel for the United States Court of Appeals for the Tenth Circuit. Insurance CoverageRepresentation of insurers and insureds in insurance coverage disputes has become a significant part of the firm's practice. We have served as "coverage counsel" for a number of long-standing insurance company clients, but have also represented insureds ranging from large corporations; small businesses; individuals; public entities at the state, county and local levels; non-profits, as well as religious and charitable organizations. The firm has resolved coverage issues arising under a wide variety of insurance coverage forms, including property and casualty, directors and officers liability, health and disability, life and credit life insurance, ERISA, automobile liability, uninsured/underinsured motorists, homeowners, comprehensive and commercial general liability, premises liability, professional liability, surety and fidelity, crop insurance, fire insurance, aviation insurance, self-insured benefit plans, stop loss plans, and workers compensation/employers liability. We also have experience in litigating coverage disputes in both state and federal court involving issues such as environmental pollution; sexual harassment; sexual molestation; joint ventures; retrospective premium agreements; arbitration clauses; premises liability; completed operations; products liability; automobile uninsured/underinsured motorist coverage; intentional acts; punitive damages; assault and battery; negligent hiring, retention and supervision; employment practices, and workers compensation. In addition, the firm has successfully prosecuted and defended claims for unfair insurance practices, unfair trade practices and insurance bad faith. A sampling of the firm's insurance coverage clients includes:
Insurance DefenseInsurance defense has been a mainstay of the firm's litigation practice since 1950 and remains so today. We have defended claims of wrongful death, personal injury, property damage, products liability, professional liability, breach of warranty, negligence, worker's compensation, design and manufacturing defects, and insurance bad faith arising in a broad array of contexts. For example, we have defended claims resulting from aviation accidents, automobile accidents, inn-keepers and premises liability, heavy machinery and industrial accidents, building construction, medical apparatuses and toxic spills. A sampling of the firm's insurance defense clients includes:
Land Use and Real Estate LawSheehan, Sheehan & Stelzner offers clients a full range of services in the area of land use. These services often complement the firm's practice in the areas of environmental law, water law, and construction law. The firm has represented numerous clients in connection with planning and zoning determinations, and has played a vigorous role in commenting on and shaping subdivision ordinances implementing the New Mexico Subdivision Act. Furthermore, the firm has comprehensive knowledge concerning the use of impact fees and growth management tools to allow for reasonable and sensible growth. Private and public entities represented by the firm benefit from its considerable experience in the area of environmental law, particularly its familiarity with and understanding of the many federal and state regulations governing property use and development. The firm has represented clients in court, administrative and arbitration proceedings involving quiet title actions; the dissolution and termination of partnerships involving real estate; the eviction of defaulting tenants; boundary, encroachment, and easement disputes; title issues, and foreclosure on real estate held by clients as security for obligations of others. Local Government Public Utility LawSheehan, Sheehan & Stelzner offers comprehensive legal services in the area of public utility law to local governments owning and operating their own water, wastewater, electric or natural gas utilities. The firm also provides representation to local governments concerning their relationships with public utilities operating within or adjacent to the jurisdictional limit of the local government. Services include representation of local governments on regulation and rate-making matters before local governing bodies, the New Mexico Public Regulation Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, and state and federal courts. Nann M. Winter of the firm is recognized as a Local Government Law Specialist by the New Mexico Board of Legal Specialization, and has served as General Counsel to the Albuquerque Bernalillo County Water Utility Authority since 2004. Other current and former public utility clients include the City of Albuquerque (water and wastewater, telecommunications, cable, electric, electric co-generation and natural gas); the County of Bernalillo (water, electric, natural gas and cable); the City of Las Cruces (electric); the County of Los Alamos (telecommunications and cable); the City of Roswell (cable); the, City of Las Vegas (natural gas and cable); the City of Raton (water and electric co-generation), and the City of Santa Fe (franchise review). The firm also has represented a wide range of electric, natural gas, water, telecommunications (wireline and wireless) and cable providers. Services for such entities include negotiating franchise agreements, leases and licenses, and review and development of private and intergovernmental utility operating agreements. The Law of ReapportionmentLuis G. Stelzner and the firm served as co-counsel for the New Mexico Legislative Council Service in the 1991-1992 legislative redistricting process. With the firm's assistance, the New Mexico Legislative Redistricting Plan passed through the United States Justice Department's rigorous preclearance procedure. Mr. Stelzner also served as co-counsel for the Plaintiffs in statewide legislative reapportionment cases that twice challenged the New Mexico legislative reapportionment between 1982 and 1984. In addition, he has provided redistricting advice to the City of Farmington, as well as Santa Fe and Curry Counties and the Artesia Hospital District. Mr. Stelzner also has extensive experience in complex litigation in state and federal courts, and has kept current on developments in the law of reapportionment and related constitutional and public law issues through representation of numerous public entities, including New Mexico State University, the City of Soccoro, the University of New Mexico, the New Mexico Transportion Department, and the San Juan Water Commission. As a result of his breadth of experience, Mr. Stelzner can provide practical assessment of possible challenges to particular reapportionment plans, and recommend feasible ways of avoiding such challenges. Legislative RelationsSheehan, Sheehan & Stelzner's practice includes legislative relations under the direction of Thomas J. Horan. Through in-depth analysis of proposed legislation and on-going interaction with legislators, the firm seeks to provide increased protection for and advancement of its clients' interests. Mr. Horan, Of Counsel to the firm, has engaged in legislative relations on behalf of a wide spectrum of clients for the past three decades, and was a member of the New Mexico House of Representatives from 1975-1977. Mr. Horan's legislative clients have included the American Automobile Association, Charter Companies, Forest City Covington, LLC - Mesa Del Sol, the City of Albuquerque, Health Plus of New Mexico, Independent Insurance Agents of New Mexico, Nex Mexico Association of Non-Public Schools, New Mexico Mortgage Lenders Association, New Mexico Society of CPA's Educational Retirement Board, The Nature Conservancy, Presbyterian Healthcare Services and Presbyterian Health Plan, and Ski New Mexico, Inc.. Mr. Horan brings to the firm an in-depth knowledge and familiarity with the legislative process, and is well-equipped to represent the interests of the firm's clients in the legislative arena. Natural Resources LawSheehan, Sheehan & Stelzner provides assistance to clients in the area of natural resources law, including mining. Susan C. Kery and John W. Utton have both been certified as natural resource law specialists by the New Mexico Board of Legal Specialization in the area of water law. Examples of the firms natural resource law work include assisting a public utility in negotiations with the United States Forest Service regarding permitting and compliance with the Archaeological Resources Protection Act of 1979, and representation of clients in disputes involving issues arising under the Clean Water Act, the National Environmental Policy Act and the Endangered Species Act. The firm also has investigated and documented title to hard-rock mining claims; represented mining clients before the New Mexico State Legislature; and represented mining companies in the acquisition and transfer of water rights for industrial and reclamation purposes. The firm's experience in other legal areas, such as administrative law, construction law, environmental law, legislative relations and water law, greatly enhances its ability to provide quality legal service to the mining industry and other natural resource clients. Products Liability Complex and Mass Tort LitigationThe firm has represented defendants in three complex and mass tort law suits: the breast implant litigation, the L-Tryptophan litigation, and the repetitive stress syndrome litigation. The firm also represents litigants in asbestos litigation. Luis G. Stelzner, Briggs F. Cheney, Craig T. Erickson and Robert P. Warburton are the firm's attorneys who have worked most extensively in recent years on these cases. In addition, the firm has had, and continues to have, a major tort practice involving representation of archdioceses and other clients in abuse claims, manufacturers in aircraft accident cases, and a wide variety of manufacturers and distributors in products liability and other personal injury and wrongful death cases. For more than twenty-five years, Sheehan, Sheehan & Stelzner has represented clients in products liability litigation, including cases involving aviation, propane and natural gas systems and construction design. In addition, we have litigated products liability cases involving vehicle brake and fuel systems, hospital equipment, plastics, chemicals and heavy equipment. The firm emphasizes close, on-going communication with its products liability clients and their insurers. A sampling of clients that we have represented in the products liability area includes:
Members of the firm participate in the Federation of Insurance and Corporate Counsel, Defense Lawyers Associations, and the American Board of Trial Advocates. Water LawSheehan, Sheehan & Stelzner offers comprehensive services to clients in the area of water law, including assistance in the areas of government relations, water for development projects, water transactions, utility law, and water quality issues. Susan C. Kery and John W. Utton of the firm hold certifications as natural resource law specialists in the water law area from the New Mexico Board of Legal Specialization. The firm's current and former clients in the water law area include Santa Fe County; the Albuquerque Bernalillo County Water Utility Authority; the City of Santa Fe; Waycor Materials, Inc.; Sparton Technology, Inc.; Intel Corporation; the Middle Rio Grande Conservancy District; Doņa Ana County; Vista del Oro subdivision; Black Ranch; American Property, Inc.; the Acequias Norteņas, and New Mexico State University. In addition to successfully representing clients before the New Mexico State Engineer in connection with the transfer, appropriation, and proving of water rights, the firm has formulated municipal and institutional water plans; assisted clients with the establishment and operation of community and municipal water systems; represented private litigants in court regarding adjudications, applications and transfers of water rights; assisted clients in buying and selling water rights on the private market, and assisted clients with National Pollution Discharge Elimination System permits and other water quality concerns. We also represent the New Mexico State Engineer and the New Mexico Interstate Stream Commission on adjudication and Interstate water appropriation issues. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2003 by Sheehan, Sheehan & Stelzner, P.A.. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |