Mr. Bartell’s practice is focused on the litigation of matters in the areas of transportation law, public entity tort and civil rights claims, land use and zoning, construction law, commercial litigation and employment law. Mr. Bartell’s clients include companies and individuals involved in administrative proceedings before the Transportation Division of the New Mexico Public Regulation Commission and other regulatory agencies.
Representative Cases and Transactions
Bernalillo County Health Care Corp. v. New Mexico Public Regulation Commission; 2014 – NMSC – 008, __ N.M. __, 319 P.3d 1284 (2014), challenge to certificate of authority to provide ambulance transportation sustained by New Mexico Supreme Court.
Protest of contract awards in 2013 under the Centennial Care Program for Amerigroup.
Completion of application for change in rates and charges for ambulance transportation services before the New Mexico Public Regulation Commission in Case No. 13-00272-TR-R.
Lens Crafters Inc. v. Kehoe, O.D.; 2012 – NMSC – 020, __ N.M. __ 282 P.3d 758 counterclaims for malicious abuse of contract and tortious interference in breach of contract litigation properly dismissed.
City of Rio Rancho v Amrep Southwest, Inc., 2011 – NMSC – 037, 150 N.M. 428, 260 P.3d 414 Appeal of decisions on quiet title and land use claims.
Hindi v. Prime Production, New Mexico Athletic Commission; USDC Cause No. 94-CV-00684, summary judgment dismissing all 42 U.S.C. § 1983 claims; on remand, Bernalillo County District Court Cause No. CV-94-4191, directed verdict on all state law claims.
Harris v. Crespin, Santa Fe County Sheriff’s Dept.; USDC Cause No. 99-CV-00748, all claims against Sheriff’s Department and Sheriff dismissed after trial on merits, liability only against individual deputy.
Armand Hammer United World College of the American West v. Cost Quality Schedule Management, et al.; San Miguel County District Court Cause No. 2003-225-CV, obtained judgment for plaintiff on claims of defective construction and supervision.
JAMA Investments, L.L.C., et al. v. Incorporated County of Los Alamos, et al.; USDC Cause No. CIV-04-1173 JB/ACT, verdict for defense on claims of violation of the Federal Fair Housing Amendments Act.
La Resolana Architects, P.A., v. Reno, Inc., et al.; USDC Cause No. Civ. 05-01071 PJK/RHS, judgment for defense on all claims of copyright infringement, Unfair Trade Practices Act violations, etc.
- Albuquerque Ambulance Service
- New Mexico Self Insurer’s Fund
- New Mexico Association of Counties
- City of Rio Rancho
Loyola University of Los Angeles
Juris Doctor, with honors, 1982
- Received the Scott Moot Court Best Brief Award and the West Publishing Company Outstanding Brief Award
Bachelor of Arts, with honors, in English, 1975
Professional Memberships and Activities
American Bar Association (Health Law Section)
State Bar of New Mexico (Code of Professional Conduct Committee)
Oliver Seth Chapter of the American Inns of Court
Member of Tenth Circuit Judicial Conference
Continuing legal education programs have been prepared and presented by Mr. Bartell for several years in the area of construction law, employment law and insurance coverage. Program topics in the construction law area have included the New Mexico Mechanics Lien law, the New Mexico Subcontractors Fair Practices Act, the selection of construction contracts and the preparation and defense of construction claims. Mr. Bartell has also prepared and presented on insurance coverage issues, employment issues and civil rights claims.
Martindale-Hubbell AV® Preeminent Peer Review Rating
Best Lawyers in America, Commercial Litigation
Southwest Super Lawyers