Modrall Sperling Law Firm

Timothy Holm has more than twenty-five 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 commercial litigation, products liability litigation, mass tort litigation, and railroad law. He has been selected twice by Best Lawyers as Mass Tort Litigation/Class Action-Defendants “Lawyer of the Year” in Albuquerque, in 2013 and 2018.  He is recognized by Benchmark Litigation as a local Litigation Star.  He has achieved an AV® rating in Martindale-Hubbell and has been selected as one of the Top 25 New Mexico Super Lawyers by Southwest Super Lawyers®. He 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 has served on the firm’s Executive Committee and as Chair of the Associates Committee and has overseen and conducted the firm’s associate litigation training program. He is an avid bicyclist (having completed over 50 “century” rides), jazz enthusiast, and UNC basketball fan.

Education

University of North Carolina School of Law, J.D., 1987, cum laude, Order of the Coif

University of North Carolina, B.A. in History and Political Science, 1984, Phi Beta Kappa, Phi Eta Sigma

Bar Admissions

New Mexico

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

U.S. Court of Appeals for the Tenth Circuit

  • Defense in national multi-district litigation of medical device manufacturer of pelvic mesh products
  • 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
  • Successful dismissal with prejudice of personal injury lawsuit arising from alleged faulty space heater
  • 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
  • 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
  • Trial Attorneys of America (TAA)
  • Defense Research Institute (DRI)
  • International Association of Defense Counsel (IADC)
  • New Mexico Defense Lawyers Association (NMDLA)
  • USLAW NETWORK, Inc.
  • Local Civil Rules Committee of the U.S. District Court for the District of New Mexico

Publications

  • 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,” 2015 Edition
  • “ABA Practitioner’s Guide to Class Actions, New Mexico Section,” 2012
  • Best Lawyers® Mass Tort Litigation / Class Actions “Lawyer of the Year” in Albuquerque, 2013, 2018
  • Best Lawyers® Railroad Law “Lawyer of the Year” in Albuquerque, 2015
  • Best Lawyers in America® in Commercial Litigation, Mass Tort Litigation, Product Liability Litigation and Railroad Law, 2009-present
  • Benchmark Litigation The Definitive Guide to America’s Leading Law Firms and Attorneys, Local Litigation Star, 2013-present
  • Martindale Hubbell AV® Preeminent Peer Review Rated
  • Southwest Super Lawyers® (derived from a lawyer survey), 2013-present; Top 25 New Mexico Super Lawyers, 2014
  • American Lawyer Media and Martindale-Hubbell, 2013 Top Rated Lawyer in Mass Torts Law
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