Alex Walker has an active civil litigation practice representing business clients in all types of complex cases in both state and federal courts. He has substantial experience in handling products liability cases, and regularly defends companies in litigation over medical device failures, prescription drug injuries, and other products-related litigation, as well as various other types of personal injury and wrongful death claims. In addition, Alex represents clients in their commercial litigation matters, and specializes in the defense of employment suits, including claims of wrongful discharge, sexual harassment, discrimination, and retaliation. His experience includes a wide variety of jury and non-jury trials, arbitrations, mediations and appeals.
Named a Future Litigation Star in New Mexico since 2012 by Benchmark Litigation, Alex has also received recognition from Southwest Super Lawyers®. In addition, he has achieved an AV® rating, the highest rating possible from Martindale-Hubbell based on a peer review.
The corporate clients with which Alex works are some of the largest and most recognizable business enterprises. He has represented, among others, Walgreen Co., GlaxoSmithKline, Intel Corporation, Johnson & Johnson, La Quinta, Medtronic, Progressive Insurance, Merck & Co., Brown & Brown, Inc., BNSF Railway Co., Amtrak, Bondex International, Chesapeake Energy, Delta Air Lines, Fisher Sand & Gravel, and Zimmer, Inc.
Alex graduated cum laude from Trinity University, majoring in Spanish and International Studies. After relatively brief stints as a counselor at a residential treatment center, a cancer information specialist, and a day laborer, Alex returned to the classroom, obtaining his J.D. from the University of Texas School of Law. He is admitted to practice before all courts in New Mexico, and also is admitted in Texas state courts. Alex is a shareholder in Modrall Sperling's Albuquerque office.
University of Texas, J.D., 2002
- Trinity University, B.A. in Spanish and International Studies, 1997
- New Mexico
- U.S. District Court for the District of New Mexico
- U.S. Court of Appeals for the Tenth Circuit
Products Liability Matters
Counsel to major diabetes drug manufacturer, defending multiple state court lawsuits against multiple claims of heart-related injuries and death.
Counsel to manufacturer of pain medication in personal injury matter involving alleged product defects.
Judgment in favor of fentanyl patch manufacturer and retail pharmacy in overdose case resulting wrongful death case.
Counsel to major medical technology company in suit alleging defective deep brain stimulation therapy device.
Counsel to leading joint replacement manufacturer in product liability suit alleging defective artificial hip.
Durable Medical Equipment
Represented retailer in defense of defective patio furniture case. See, Burke v. Wal-Mart Stores, Inc., 2010 N.M. App. Unpub. LEXIS 433 (N.M. Ct. App. Dec. 16, 2010).
Adverse Drug Events
Board of Pharmacy
Commercial Litigation Matters
Judgment in favor of Managed Care Organization against claims from hospital group that the MCO had significantly under-reimbursed (to the tune of several million dollars) for services provided to the MCO's Medicaid enrollees. See El Paso Healthcare Sys. v. Molina Healthcare of N.M., Inc., 683 F. Supp. 2d 454, 457 (W.D. Tex. 2010).
Verdict in case against insurance broker awarding only roughly 5% of the damages sought by in case alleging breach of a marketing agreement, where lost profits had been calculated to exceed $6,000,000.
Qui Tam/False Claims
Judgment on behalf of university against claim that it overrepresented its minority enrollment in order to obtain various DOD contracts. See United States ex rel. Burlbaw v. Orenduff, 400 F.Supp.2d 1276 (D.N.M. 2005); United States ex rel. Burlbaw v. Orenduff, 548 F.3d 931 (10th Cir. 2008).
Represented landfill against claim that it defrauded the state out of millions of dollars in gross receipts tax by not charging fees for solid waste disposal.
Personal Injury/Wrongful Death Matters
Multiple judgments and favorable settlements on behalf of rail operators against various wrongful death claims stemming from train-car and train-pedestrian collisions. See, Henderson v. Amtrak, 2011 U.S. App. LEXIS 207 (10th Cir. Jan. 5, 2011); Stark-Romero v. Amtrak Co., 2011 U.S. Dist. LEXIS 11613 (D.N.M. Jan. 12, 2011); Vigil v. Burlington Northern & Santa Fe Ry., 521 F. Supp. 2d 1185 (D.N.M. 2007).
Employment/Civil Rights Matters:
Age Discrimination (ADEA)
Race Discrimination (Title VII, § 1981)
Jury verdict on behalf of public school in case involving allegations of race/national origin discrimination and retaliation. See Transito Trujillo v. Bd. of Educ. of the Albuquerque Pub. Schs., 295 Fed. Appx. 885 (10th Cir., August 29, 2008).
Judgment on behalf of public school against allegations of race discrimination in failure to hire lawsuit. See Lourdes Trujillo v. Bd. of Educ. of the Albuquerque Public Schools, 2009 U.S. App. LEXIS 476 (10th Cir., Jan. 9, 2009).
Disability Discrimination (ADA)
Sexual Harassment/Gender Discrimination (Title VII)
Jury verdict in case brought by 4 former female employees of minor league hockey team asserting gender discrimination and sexually hostile work environment. See Williams v. W.D. Sports, N.M., Inc., 497 F.3d 1079 (10th Cir. 2007).
Retaliation (Title VII)
Breach of Express/Implied Contract
DOL Wage & Hour Audit
Judgment in favor of police officer accused of 1st Amendment retaliation, false arrest, malicious prosecution, and abuse of process. See Mata v. Anderson, 685 F. Supp. 2d 1223, 1242 (D.N.M. 2010); Mata v. Anderson, 2011 U.S. App. LEXIS 6614 (10th Cir. March 31, 2011).