Litigation

Effective representation in the courtroom is the reason our firm exists. We represent plaintiffs and defendants equally, often under stress and when our client’s life work is at risk. We are not “litigators” who merely conduct discovery and write motions. We approach each case as though it will go the distance, and everything we do is geared toward helping our lawyers persuade a jury at trial. We often work on a contingent fee basis, putting our nickel with yours so that our time and effort only pay off when we win results for you.

Our lawyers have tried nearly thirty cases to jury verdict, most recently in November and December 2016, when we won a jury verdict on all counts including punitive damages in favor of the Firm’s client. We have prevailed on behalf of our clients in state and federal appellate courts including the New Mexico Supreme Court and United States Supreme Court. Our trial-ready attitude frequently allows us to achieve results for our clients before trial.

Paul Bardacke handled New Mexico’s successful litigation against the tobacco industry, and has tried more than two dozen class actions and commercial, civil, and criminal matters. Ben Allison’s most recent jury trial was in 2016, when his team won a verdict against a financial institution for conversion, breach of contract, willful violation of the New Mexico Unfair Practices Act, and punitive damages. In 2015 Ben led a Bardacke Allison team representing Harvard University in a bench trial that resulted in a preliminary injunction enforcing Harvard’s contract and trademark rights. After extensive discovery and motions the Firm secured final judgment before trial enforcing Harvard’s contract, awarding damages in its favor, and dismissing all counterclaims. In 2014, Ben secured summary judgment dismissing a copyright infringement lawsuit involving an advertising campaign, and won a six-figure award of attorneys’ fees to reimburse his client. Ben also won a multimillion-dollar jury verdict, including punitive damages, for Maximo Art & Design Research LLC, the Albuquerque licensing firm that built the ALEXANDER GIRARD® brand.

Bardacke Allison Miller uses this experience—with flexibility and creativity in each situation—to achieve the best possible result in the courtroom for the smallest possible cost.