201 Third Street NW, 12th Floor
Albuquerque, NM 87102
Mr. Bird’s current practice focuses on appellate matters. Published opinions includeBrown 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).
University of New Mexico, B.A. 1977; J.D. 1982.
Admitted to the New Mexico Bar 1982.
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 Martindale-Hubbell; Chair, Appellate Law Specialization Committee; Chair of the New Mexico Supreme Court Appellate Rules 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.
Mr. Bird is listed in the most recent edition of Best Lawyers in America. He was honored in four categories: appellate practice; litigation – antitrust; Native American law; and natural resources law. In addition he was honored as a 2015 Best Lawyers Lawyer of the Year in the area of Native American law. He has been annually honored by Southwest Super Lawyers since 2009.