Montgomery and Andrews Law Firm

Overview

annon Parden represents clients in a variety of civil litigation matters, including insurance coverage opinions and litigation, bad faith litigation, insurance defense litigation (e.g., personal injury, property damage, civil rights, employment), construction law litigation (architects and engineers), and Homeowner Association disputes and litigation.

As a former attorney law clerk for the Honorable Juan G. Burciaga in U.S. District Court and the Honorable William Bivins on the New Mexico Court of Appeals, Shannon is familiar with litigation in both federal and state courts.

Education

University of New Mexico, Juris Doctorate, 1990

Michigan Technological University, B.A. Technical Communications (Life Sciences focus)

During law school, Shannon was Natural Resources Notes and Comments Editor and Co-Editor of the N.M. Natural Resources Law Reporter. Prior to law school, Shannon supervised the Publications Department at Honeywell, Inc., formerly Sperry Flight Systems.

Professional Memberships and Activities

Shannon is licensed to practice in the States of New Mexico and Minnesota, as well as the United States District Court for the District of New Mexico and the Tenth Circuit Court of Appeals. She is a member of the New Mexico Defense Lawyers Association, the Defense Research Institute, and the Albuquerque Bar Association.

Honors

American Jurisprudence Award, Constitutional Law, 1988

Clinical Honors, 1990, for State of New Mexico v. Village of Jemez Springs, 114 N.M. 297, 837 P.2d 1380 (Ct. App. 1992) (land use case)

Natural Resources Section of N.M. State Bar Thesis Award, 1989.

Martindale-Hubbell BV Rating

Publications

Liability of an HMO Due to Cost Containment Activity, 27 N.M. Trial Lawyer 49 (Mar. 1989). Excerpted in Mich. Trial Lawyers' Ass'n. Newsletter (1989)

"The Milagro Beanfield War" Revisited in Ensenada Land and Water Association v. Sleeper: Public Welfare Defies Transfer of Water Rights, 29 Nat. Res. J. 861 (Jul. 1989)

"The Milagro Beanfield War" Revisited in Ensenada Land and Water Association v. Sleeper: The Role of Public Welfare in the Transfer of Water Rights, 4 N.M. Nat. Res. L. Rptr. 11 (1989).

Representative Cases

Appellate Cases

Coleman v. Eddy Potash, Inc., 120 N.M. 645 (1995). Appellate writer on the briefs in seminal case where New Mexico recognized distinct tort of spoliation of evidence.

Saylor v. Valles, et al., 133 N.M. 432 (N.M. Court of Appeals 2003). Successful defense of individual homeowner and homeowner associations involving constitutional and state law claims.

Martin v. West American Ins. Co., 128 N.M. 446 (N.M. Court of Appeals 1999). Successful appeal of trial court's granting of summary judgment finding that insurer did not act in bad faith and had no initial duty to defend action.

Vigil v. Digital Equipment Corp., 122 N.M. 417 (N.M. Court of Appeals 1996). Successful appeal for temporary employer's immunity from tort suit, where general employer provided workers compensation coverage.

Goodloe v. Bookout, 127 N.M. 327 (N.M. Court of Appeals 1999). Successful appeal of verdict regarding motor vehicle collision.

Glendora v. National Association of Telecommunication Officers and Advisors (NATOA), et al., (10^th Cir. 2003.) Case dismissed at trial level on Motion to Dismiss for Lack of Personal Jurisdiction and successful appeal to the Tenth Circuit.

Trial Level

Sandia Heights Homeowners Association v. Stoller, Second Judicial District Court, Bernalillo County, N.M. Successful action regarding homeowner covenant violation.

J. Lamah v. American Orchid Society (AOS), et al. U.S. District Court for District of N.M.  Defense of AOS arising from discrimination, § 1983 claim, and other constitutional violations.

Ann Wigmore Foundation v. Cobb and Living Foods Institute, U.S. District Court for District of N.M. Defense regarding trademark infringement claims, including affirmative defense of fraud in the application.

Ace American Ins. Co. v. Starlight Amusements, Inc. Second Judicial District Court, Bernalillo County, N.M. Declaratory Judgment action, following coverage opinion, regarding insurance coverage (temporary employee issue) and defense of bad faith action.

American Physicians Capital, Inc. v. Alambar, et al. U.S. District Court for District of N.M. Declaratory Judgment action regarding insurance coverage (alleged sexual assault) and defense of bad faith action.

Branch v. Farmers Ins. Co. of Arizona. U.S. District Court for District of N.M. Declaratory Judgment action regarding insurance coverage (residency issue) and defense of bad faith action.

Safeco Ins. Co. of America v. Jacobsens, U.S. District Court for District of N.M. Declaratory Judgment action regarding insurance coverage (uninsured and underinsured motorist coverage; equalization, limits, and stacking issues).

Robb v. City of Alamogordo, et al., Twelfth Judicial District, County of Otero, N.M. Defense of Professional Service Group (PSG) as a result of wrongful death and personal injury claims arising from chemical explosion in tank when sodium hypochlorite was put into used tank. Delgado issues.

Jane Doe v. Sigma Alpha Epsilon, et al., Second Judicial District Court, Bernalillo County, N.M. Defense of fraternity as a result of allegations of sexual assault.

Hall v. JohnnyTapia, Twelfth Judicial District, County of Lincoln, N.M. Defense of Johnny and Teresa Tapia as a result of dogs allegedly injuring and killing goats.

Forbes v. Bank of Las Vegas, Eighth Judicial District, Colfax County, N.M. Judgment for Bank on summary judgment motions addressing malicious prosecution claim.

Pound v. City of Albuquerque, et al., Second Judicial District Court, Bernalillo County, N.M. Defense of architects in slip and fall or trip and fall case.

Various and numerous cases involving coverage opinions under motor vehicle policies, including underinsured and uninsured coverage, homeowner policies, and commercial general liability (CGL) policies for various insurance companies.

Representative Clients

Shannon’s clients include a variety of insurance companies, individual insureds, and homeowner associations.