Tort Claims: Mr. Wihl has prepared and tried numerous common law and statutory tort cases in state and federal court. He has experience in the areas of premises liability, motor vehicle (including over-the-road trucking) accidents, products liability defense, personal injury, construction defects, defense of civil rights claims, commercial torts such as claims for lender liability, breach of trust, fraud and negligent misrepresentation, interference with existing and prospective contractual relations, and ERISA.
Condemnation, Right-of-Way and Real Estate Litigation: Mr. Wihl has significant experience in eminent domain actions both for the condemning authority and for landowners. In addition, he has handled lawsuits involving claims for quiet title, mortgage foreclosure, breach of lease, trespass, boundary determinations, nuisance, easements and right-of-ways of all kinds, restrictive covenants, real estate taxation and zoning through trial and on appeal in both state and federal court.
Commercial Litigation, Complex and Otherwise: Much of Mr. Wihl's practice is complex commercial litigation. For nearly thirty years, he has handled complex suits in state and federal court involving multiple parties, multiple claims, and class actions with amounts in controversy ranging from hundreds of thousands to well over a billion dollars. He has successfully brought and defended class action and derivative lawsuits filed both in New Mexico federal court and in federal court in Southern California. Mr. Wihl has tried complex commercial cases involving contract disputes, claims of breach of fiduciary duty, loan participation agreements, general and limited partnership and joint venture disputes. In addition, he has arbitrated disputes involving employment and shareholder agreements and electric right-of-way agreements.
Awards and Honors
AV Rating by Martindale-Hubbell; honored in 2013 and 2014 by Southwest Super Lawyers in the field of business litigation. Mr. Wihl is listed in the most recent edition of Best Lawyers in America in the categories of: administrative/regulatory law; commercial litigation; litigation - trusts and estates; and personal injury litigation - defendants. Mr. Wihl is listed in Best's Recommended Insurance Attorneys.
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