Mr. Montano is a Senior Associate in Holland & Hart's Santa Fe office. His practice focuses primarily on complex environmental and natural resources litigation, catastrophic injury/ wrongful death cases, commercial litigation, appellate law, and class action cases. Mr. Montano represents most of the top 10 energy companies who operate in the San Juan Basin Gas Area, the top-ranked natural gas field in the United States by gas-proved reserves. With respect to those companies, Mr. Montano represents their interests in royalty and commercial disputes, personal injury and wrongful death cases, and related matters. He also represents other companies and individuals, mostly litigating cases involving real property disputes and professional liability claims (legal, accounting, and medical).
Prior to joining Holland & Hart, Mr. Montano served as law clerk to The Honorable Bruce D. Black, Federal District Court Judge for the District of New Mexico and, before that, as law clerk to The Honorable Lynn Pickard, then Chief Judge of the New Mexico Court of Appeals. While in law school at the University of New Mexico, Mr. Montano concentrated his studies on commercial law, receiving the Frederick M. Hart Award for Excellence in Commercial Law. As an undergraduate student, Mr. Montano obtained a Bachelor of Science degree in pure mathematics, graduating Phi Beta Kappa, Phi Kappa Phi, and Summa Cum Laude in both mathematics and general honors.
Mr. Montano has obtained a "BV" peer-review rating from Martindale-Hubbell. This rating is the maximum rating a lawyer can receive who, like Mr. Montano, has been admitted to the bar less than 10 years.
REPRESENTATIVE CASES
Obtained reversal from New Mexico Supreme Court pursuant to which it struck-down regulation authorizing the New Mexico Oil Conservation Commission to directly cite, fine, prosecute, and penalize energy companies in intra-agency proceedings. Case reported in Marbob Energy Corporation v. New Mexico Oil Conservation Commission, _N.M. _, _ P.3d _, No. 30,710 (March 11, 2009)
Obtained affirmance from New Mexico Court of Appeals of decision permitting energy client to relocate road necessary to access natural gas wells on surface owner's property. Case reported in XTO Energy Inc. v. Armenta, 2008-NMCA-078, 144 N.M. 212, 185 P.3d 383
Lead defense counsel in one-week arbitration proceeding on behalf of Fortune 500 energy client involving multiple audit disputes with royalty trust
Co-lead counsel on behalf of Fortune 500 client in breach of contract/bad faith claim that settled in second week of jury trial at conclusion of plaintiff's case for costs of trying case
Second-chair counsel in one-week jury trial on behalf of Fortune 500 oilfield services client that went to a verdict in oilfield accident case
Settled permanent brain injury case arising out of oilfield accident without payment from self-insured Fortune 50 energy client after filing summary judgment motion
Settled wrongful death case arising out of industrial accident for less than $5,000 on heels of filing summary judgment motion
Obtained money settlement for Fortune 50 energy client sued by third-party insurer seeking to void its duties to defend and indemnify client based on anti-indemnity statute
Obtained summary judgment on behalf of client-physician arising out of medical malpractice claim
Successfully appealed city council's denial of Fortune 500 energy client's applications to drill natural gas wells within city limits on grounds that city required improper vote count
Obtained monetary settlement for pro bono client in civil rights/employment discrimination dispute with former employer
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