Brian J. Fisher

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Brian J. Fisher Partner


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During his nearly two decades of legal experience, Brian Fisher has represented individuals, small businesses and Fortune 500 clients in both state and federal courtrooms in New Mexico, Texas and beyond. Having first moved to New Mexico from Texas four decades ago, Brian has developed an understanding and appreciation of the unique and differing environments of the New Mexico and Texas legal communities. With this knowledge, Brian has been able to assist clients with developing aggressive and cost-effective litigation strategies based upon his years of litigation experience in multiple venues throughout New Mexico, Texas and surrounding states.

Over the course of his legal career, Brian has successfully defended numerous trucking companies, food processors, health care providers, retailers, hotels, restaurants, landlords, communications providers, insurance companies and banks in all aspects of litigation. Brian is a frequent contributor to industry publications within the retail, restaurant, hospitality and trucking industries. His hard work and professionalism have earned Brian multiple awards, including his inclusion amongst the Super Lawyers list of Rising Stars by Thompson Reuters in the areas of personal injury defense and civil litigation.

Services

  • Litigation

Education

  • TexasTech University, J.D., 2001
  • University of Arkansas, B.S. in business administration (Accounting), 1998

Admissions

  • State Bar of New Mexico
  • State Bar of Texas
  • United States District Court for the District of New Mexico
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States Court of Appeals for the Fifth Circuit

Representative Experience

  • Granted summary judgment in state court for a commercial landlord client in tenant eviction proceeding and obtained a resulting writ of possession;
  • Awarded a defense verdict in federal court in multi-million-dollar wrongful death action brought against an interstate trucking client;
  • Obtained a defense verdict in federal court in an employee injury and wrongful termination action brought against a food processing client;
  • Acquired a favorable verdict in federal court for a hospitality management company client involved in contract dispute with hotel client;
  • Achieved a defense verdict in federal court for an employer client in personal injury lawsuit arising out of the improper use of a forklift;
  • Obtained a defense verdict for a food processing client in state court arising from a claimed repetitive motion injury;
  • Successfully briefed the appeal before the United States Court of Appeals for the Fifth Circuit of a workplace injury lawsuit involving general negligence and wrongful termination causes of action;
  • Settled a multi-million-dollar personal injury lawsuit against a food processing client and a third-party transportation company by convincing third-party company to fully fund the settlement; and
  • Achieved a favorable settlement in a multi-million-dollar foodborne illness lawsuit involving E.coli exposure for a food processing client.

Professional Activities

  • Albuquerque Bar Association
  • Albuquerque Lawyers Club
  • Defense Research Institute
  • New Mexico Defense Lawyers Association
  • Texas Alliance of Nonsubscribers
  • Trucking Industry Defense Association

Publications & Speeches

  • Co-author, “Laden with Flexibility: FMCSA Issues New Guidance on Personal Conveyance,” DRI In Transit newsletter (Volume 21, Issue 2)
  • Author, “Opting Out: Advising Clients on Workers’ Compensation Alternatives,” Dallas Bar Association Headnotes, July 2014
  • Presenter, “Don’t Curse the Nurse: Nursing Issues from a Legal Perspective,” Arkansas Nurse Managers Conference, October 17, 2013, Springdale, Arkansas
  • Author, “The Waiver War: Avoiding Disclosure of Privileged Information in Handling Texas Workers’ Compensation Claims,” National Retail and Restaurant Defense Association Winter 2013 Newsletter

Community Involvement

  • American Heart Association, volunteer
  • American Cancer Society, volunteer
  • Wednesday’s Child Benefit Corporation, volunteer