Practice Areas:
Mr. Bird’s current practice focuses on appellate matters. Published opinions include Brown v. Presbyterian Healthcare Services, Inc., 101 F.3d 1324 (10 th Cir. 1996) (one of the few successful antitrust claims brought by a physician against a hospital based on the revocation of hospital privileges); Homans v. City of Albuquerque, 366 F.3d 900 (10 th Cir. 2004) (a successful First Amendment challenge to the City of Albuquerque's campaign spending limit); TPL, Inc. v. New Mexico Department of Taxation and Revenue, 133 N.M. 447, 64 P.3d 474 (2002) (reversing the Department's denial of TPL's gross receipts tax deduction); Blake v. Public Service Company of New Mexico, 134 N.M. 789, 82 P.3d 960 (Ct. App. 2003) (holding that public utility had no duty to pedestrians with respect to maintenance of street lights operated under contract with municipality); Piña v. Gruy Petroleum Management Co., 139 N.M. 619, 136 P.3d 1029 (2006) (holding that choice of law provided in oil field services contract was void as contrary to public policy); Johnstone v. City of Albuquerque, 140 N.M. 596, 145 P.3d 76 (2006) (holding that stepfather/police officer had no duty to anticipate and prevent stepdaughter's suicide); Capco Acquisub, Inc. v. Greka Energy Corp., 145 N.M. 328, 198 P.3d 354 (2008) (reversing judgment against appellant/parent corporation on due process grounds); Valdez v. R-Way, LLC, 145 N.M. 328, 198 P.3d 354 (2010) (holding that release of employee extinguished respondeat superior claims against employer).
Education:
University of New Mexico, B.A. 1977; J.D. 1982. Admitted to the New Mexico Bar 1982.
Professional Affiliations:
American Bar Association, State Bar of New Mexico; Board of Directors and Chair in 1993-1994, State Bar of New Mexico Energy, Natural Resources and Environmental Section; Board of Directors, State Bar of New Mexico Appellate Practice Section 2002-2005 (Chairman 2004); Rated AV by Marindale-Hubbell; Chair, Appellate Law Specialization Committee; Recipient of Lewis Sutin Award for Excellence in Appellate Advocacy; Admitted to the United States Supreme Court and the Court of Appeals for the Tenth Circuit.
Recognition:
Mr. Bird is listed in the Best Lawyers in America. Super Lawyer Magazine honored Mr. Bird as a Super Lawyer for 2011 for his appellate practice.
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