Modrall Sperling Law Firm

Nathan Nieman is a litigator. His litigation experience is broad and includes handling commercial litigation, personal injury, wrongful death, insurance, prescription medication products liability, workers’ compensation, unfair trade practices, and employment discrimination cases in federal, state, and agency courts. Nathan also provides day-to-day advice to property management companies and concerning human resources matters for public education entities. His recent litigation experience includes representing, as both a lead and second chair attorney, public and private entities in commercial, personal injury and employment litigation from inception to trial or arbitration. He has also successfully represented, through briefing and oral argument, a local school district before the Tenth Circuit Court of Appeals. Nathan’s diverse practice combined with his trial and appellate experience has enabled him to provide advice to clients based upon first-hand litigation experience and regarding a broad range of subjects.  Nathan was selected as a Southwest Rising Star by Southwest Super Lawyers® in 2014 and named to Benchmark Litigation’s “Under 40 Hot List” in 2017.

Nathan has also successfully provided pro bono services to New Mexico residents in landlord/tenant disputes and for a non-profit organization.

Nathan received his undergraduate degree from Seattle Pacific University. While attending college, Nathan worked as a snowboard instructor, and then a laborer and forklift operator for a regional concrete construction materials supply company in the Seattle area. Nathan then moved to Chicago, Illinois to attend DePaul University College of Law, where he graduated magna cum laude, and was a member of DePaul’s Law Review. Additionally, while attending law school, Nathan worked as a teaching assistant for legal writing classes, a mentor for first year law students, and a research assistant to Professors Stephan Landsman and Martha Pagliari. Nathan’s extended family has lived and worked in western New Mexico, which led him to Albuquerque following law school.

Education

DePaul University College of Law, J.D., 2009, magna cum laude Member, DePaul Law Review

Seattle Pacific University, B.A. in History, 2006, cum laude

Bar Admissions

New Mexico

U.S. District Court for the District of New Mexico

Litigation

Personal Injury/Premises Liability

  • Acosta v. BNSF Railway Company, No. D-101-CV-2011-02741 – Obtained defense jury verdict on behalf of client in personal injury/Federal Employer’s Liability Act case, with Tim Fields.
  • Anchondo v. Basic Energy Services, Inc., 14-CV-00624 (D.N.M. 2015) – Obtained dismissal of claims of intentional conduct against client in oil field accident.
  • Martinez v. BNSF Railway Company, No. D-1314-CV-2013-00658 – Obtained summary judgment on behalf of client in personal injury/Federal Employer’s Liability Act case.
  • Stark-Romero v. Amtrak Co., 763 F. Supp. 2d 1231 (D.N.M. 2011) – Drafted brief on behalf of railroad client concerning novel removal issue, and successfully received remedy sought.
  • Represents public entities and national retailers from inception to resolution of claims.

Products Liability

  • Represents national chain pharmacies in claims related to prescription medications.
  • Represents national retailer in products liability lawsuits.
  • Represents prescription medication manufacturers in lawsuits involving claims of product defect, failure to warn, and New Mexico UPA violations.

Other Litigation

  • Latham v. Board of Education for the Albuquerque Public Schools, 489 Fed. Appx. 239, 2012 U.S. App. LEXIS 14472, 26 Am. Disabilities Cas. (BNA) 1332 (July 12, 2012) – Successfully defended school district in federal district court and on appeal before the Tenth Circuit Court of Appeals, which resulted in a complete dismissal of all claims against client. Completed both briefing and oral argument on behalf of the school district during appeal.
  • State ex rel. King v. Lyons, 2011-NMSC-004 – Drafted amicus brief on behalf of Easter Seals El Mirador and Union Pacific Railroad Company.
  • Have represented both public and private entities in numerous litigated matters from inception to ultimate resolution, including trial and appeal.

Insurance Coverage

  • Represents insurers in coverage disputes related to commercial general liability and similar policies.
  • Provides coverage opinions and analyses to insurers in New Mexico.
  • Carl Kelley Construction, LLC v. Mountain States Indemnity Co., D-1215-CV-2010-00926Obtained summary judgment on behalf of insurer in relation to construction defect claims.

Human Resources, Labor & Employment Experience

School Employee Discipline

  • Provide advice, on a weekly basis, to public school district regarding discipline, suspension, termination and discharge of employees.
  • Routinely represent public school district HR Department in disciplinary hearings and arbitrations pursuant to collective bargaining agreements and the New Mexico School Personnel Act.
  • Advise school districts regarding employment policies and implementation of the same.

Arbitrations

  • Hart v. Albuquerque Public Schools – Lead attorney for Albuquerque Public Schools in arbitration concerning reduction in force/termination and American with Disability Act claim. Termination was upheld.
  • Feit v. Albuquerque Public Schools – Lead attorney for Albuquerque Public Schools in arbitration concerning termination of teacher concerning off-duty conduct. Termination was upheld.

EEOC/HRD Charges and Formal Hearings

  • Have routinely assisted public and private entities, in responding to and resolving EEOC and/or HRD charges.
  • Marquez v. Albuquerque Public Schools, HRD No. 10-10-12-0479 – Successfully defended Albuquerque Public Schools in a formal hearing before the Human Rights Commission. Employee alleged that school district discriminated against her. After a two day formal hearing, the Human Rights Commission found in favor of the school district.

ADA Accommodations

  • Assist school district Equal Opportunity Services Office in evaluating and implementing accommodations in accordance with the Americans with Disabilities Act and New Mexico Human Rights Act.
  • American Bar Association
  • State Bar of New Mexico
  • Defense Research Institute
  • Second Judicial District Voluntary Attorney Project
  • Benchmark Litigation, The Definitive Guide to America’s Leading Litigation Firms and Attorneys, Under 40 Hot List, 2017
  • Southwest Super Lawyers®, selected as a Southwest Rising Star, 2014-present
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