Timothy Holm has more than twenty years of experience in civil litigation. His practice is focused on class action and mass torts, products liability litigation (including medical devices, pharmaceutical products, dietary supplements, heating and ventilation products, and other products), and consumer protection litigation (UPA, UIPA, FDCPA, FCRA), along with commercial and personal injury litigation. Timothy also represents contractors in pursuing bid protests against governmental entities. He is experienced in trials, evidentiary hearings and administrative proceedings. In addition, he is skilled in pre-trial practice and in obtaining 12(b)(6) dismissals and summary judgments.
Timothy has been recognized by Best Lawyers of America® in the areas of products liability litigation, mass tort litigation, and railroad law. He was selected by Best Lawyers as Mass Tort Litigation/Class Action-Defendants "Lawyer of the Year" in Albuquerque in 2013 and as a Local Litigation Star by Benchmark Litigation. He has achieved an AV® rating in Martindale-Hubbell and has been selected by Southwest Super Lawyers®. He actively participates in Defense Research Institute, International Association of Defense Counsel, New Mexico Defense Lawyers Association and USLAW NETWORK, Inc. In addition, he is a member of the Local Civil Rules Committee of the U.S. District Court for the District of New Mexico.
Timothy serves as a member of the firm's Executive Committee. He has served as Chair of the firm's Class Action and Mass Tort Group, Chair of Associates Committee and has overseen and conducted the firm's associate litigation training program. He is an avid bicyclist (having completed over 40 "century" rides), jazz enthusiast, and UNC basketball fan.
· Successful defense of numerous insurance companies in modal premium and installment fee multi-state class action claims for alleged UPA and UIPA violations, with dismissal of all claims with no award or settlement amount or anything to Plaintiffs' counsel, named Plaintiffs, or the putative class members. See Smoot v. Physicians Life Insurance Company, 2004-NMCA-27, 135 N.M. 265, 87 P.3d 545; and Sanchez v. Progressive.
· Summary judgment in favor of pharmaceutical company in wrongful death case, upheld on appeal, confirming that the discovery rule does not apply to wrongful death actions under the New Mexico wrongful death statute. See Clark v. Lovelace Health Systems, Inc., 2004-NMCA-119, 136 N.M. 411, 99 P.3d 232.
· Successful appeal of denial of bid protest of highway construction company on $40 million project, Fisher v. NMDOT.
· Summary judgment based on preemption in railroad crossing cases, including the precedential decision of Armijo v. Atchison, Topeka and Santa Fe Railway Company, 87 F.3d 1188 (10th Cir. 1996).
· Summary judgment in favor of entertainment venue in dram shop claim involving Plaintiff with over $250,000 in medical bills. See, Jiron v. Live Nation.
· Continued representation of national pharmaceutical company in action brought by Attorney General for civil penalties under the UPA, including 12(b)(6) dismissal of certain UPA claims.
· Successful representation of nationwide retailer in class action employment claim for off-the- clock wages.
· Defense Research Institute (DRI)
· International Association of Defense Counsel (IADC)
· New Mexico Defense Lawyers Association
· USLAW NETWORK
· Local Civil Rules Committee of the U.S. District Court for the District of New Mexico
· Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico
· New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims
· Legal Malpractice State of New Mexico, 50 State Survey of Legal Malpractice Law published by American Bar Association, New Mexico chapter co-authored with Charles Armgardt and Kenneth L. Harrigan, 2012
· "Legal Malpractice Law: New Mexico Section," 2012 Edition
· "Business Torts: A Fifty State Guide, New Mexico Section," 2012 Edition
· "ABA Practitioner's Guide to Class Actions, New Mexico Section," 2010
· Benchmark Litigation The Definitive Guide to America's Leading Law Firms and Attorneys, Local Litigation Star, 2013
· Best Lawyers Lawyer of the Year in Mass Tort Litigation / Class Actions - Albuquerque, 2013
· Best Lawyers in America® in Mass Tort Litigation, Product Liability Litigation and Railroad Law, 2009-present
· Martindale Hubbell AV® Preeminent Peer Review Rated
· Southwest Super Lawyers® (derived from a lawyer survey), 2013