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Bradford Berge

Partner

110 North Guadalupe, Suite 1, Santa Fe, NM 87501

A trial lawyer since 1980, Brad Berge leverages extensive courtroom experience into efficient legal solutions.

He has tried cases, including class actions, in federal and state courts throughout New Mexico, and he also represents clients in arbitrations as well as administrative proceedings and appeals. His experience covers all aspects of energy, oil and gas, mining and natural resources, as well as toxic torts, products liability, contracts and commercial disputes.

Brad previously managed the Environmental and Natural Resources Litigation Practice Group and was the Administrative Partner for the firm’s Santa Fe office for over 10 years. He currently serves as one of the five members of the firm’s Management Committee.

Experience

Commercial Litigation

Significant experience that covers:

  • Contracts
  • Personal injury
  • Insurance
  • Mass torts
  • Fiduciary disputes
  • Class actions
Environmental and Natural Resources Litigation

Represents a wide range of energy clients in New Mexico's federal and state courts in disputes relating to:

  • Surface use
  • Subsurface rights
  • Soil and water contamination
  • Royalty issues
  • Carbon dioxide and tertiary recovery
  • Well site accidents
  • Environmental litigation

Client Results

Environmental Litigation
  • Defeated class certification in major groundwater contamination case; thereafter obtained defense verdict on all claims asserted by named plaintiffs.

  • Successful representation of several operators, contractors, and pipelines in toxic tort litigation and in arbitration and mediation of disputes related to alleged contamination of water, groundwater, and soil.

Natural Resources Litigation
  • Successful defense of working interest owners, mineral owners, and lessees in several matters addressing surface and subsurface trespass, nuisance, surface use, and access.

  • Representation of national, regional, and local companies before courts and county authorities in matters relating to access, surface use, and drilling restrictions.

  • Representation of producers of oil, natural gas, and carbon dioxide in individual and class actions relating to royalty obligations.

Tort Litigation
  • Lead defense counsel for several operators and contractors in suits over well site accidents, drilling and completion accidents, and trespasser claims.

  • Belongs to Holland & Hart’s Emergency Response Team, with expertise in the legal implications for companies faced with catastrophic accidents.

  • Lead defense counsel in multiple cases involving construction accidents, dram shop claims, healthcare, and medical issues.

Class Actions
  • Defeated class certification in groundwater contamination case relating to well drilling and completion techniques in the San Juan Basin.

  • Successfully represented statewide and national classes in suits involving defective radiant heating hose.

  • Successfully defended several insurers in putative class actions over modal premium payment policies.

Education

Bar Admissions

Court Admissions

Recognition

  • The Best Lawyers in America© Lawyer of the Year, Natural Resources Law – Santa Fe, 2013, 2017
  • The Best Lawyers in America© Lawyer of the Year, Litigation – Environmental – Santa Fe, 2012, 2016
  • The Best Lawyers in America© Natural Resources Law, Litigation – Environmental, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants, 2003-2019
  • Chambers USA: America’s Leading Lawyers for Business, Litigation: General Commercial
  • Southwest Super Lawyers®, Personal Injury, Energy & Natural Resources
  • Southwest Super Lawyers®, Top 25: New Mexico Super Lawyers, 2018
  • Martindale-Hubbell®, AV Preeminent® Rating

Professional and Civic Affiliations

  • American Board of Trial Advocates, Member
  • New Mexico State Bar, Member
  • Colorado Bar Association, Member
  • American Bar Association, Member
    Litigation Section
    Toxic Torts and Environmental Committee
  • New Mexico Supreme Court's Uniform Jury Instructions (Civil) Committee, 2001-2006
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