Dave Reynolds has over thirty years of New Mexico civil litigation experience in state, federal and bankruptcy courts at trial and appellate levels. He is a published legal author and a native New Mexican fluent in Spanish.

Reynolds is passionate about serving the community in any way he can. He provides pro bono or reduced fee representation to low income individuals, veterans suffering from PTS, churches, and charitable organizations. He has also served the public with his skills as a pilot, mountaineer and bagpiper. For many years Reynolds was a pilot and mission observer in the Civil Air Patrol, and served as a ground team member on two search and rescue teams. Since September 11, 2001, he has been supporting our veterans in the time-honored military tradition of bagpiping, serving as the regimental piper and staff judge advocate in two honor guards, providing final military honors to veterans and welcoming troops home at the Albuquerque Sunport.

Significant verdicts and settlements

  These verdicts and settlements are shown to demonstrate the wide variety of cases and clients Reynolds has worked with in the federal and state court systems. They are not intended to guarantee a particular result in any other matters.

United States District Court, Eastern District of Virginia, Norfolk Division

   Representing Ponzi scheme victims from three states, prevailed in equitable claim litigation to obtain full repayment of his clients' investments in the scheme, totaling nearly $1 million.

United States District Court, District of New Mexico 

   As co-counsel, obtained summary judgment against the Albuquerque Police Department and a six-figure jury verdict against a major national electronics retailer for false accusations of passing counterfeit currency and related wrongful arrest and detention.

   Obtained a settlement in excess of $500,000 from a trucking company in a case where a tractor-trailer rig rear-ended clients’ vehicle at high speed.

   Obtained a favorable settlement from a university police department whose officers acted outside of their territorial jurisdiction, making unlawful searches and seizures of clients’ property.

   Obtained a restraining order and permanent injunction against a mortgage company for trade name infringement.

   Representing muzzleloader elk hunters pro bono, pursued injunctive relief against US Forest Service to provide hunting access to checkerboard lands in Cibola National Forest

United States Bankruptcy Courts

   Successfully asserted an equitable lien against bankrupt general contractor’s project payments in favor of unpaid subcontractors and suppliers, with lien taking priority even over IRS and secured lender’s liens.

   Prevailed in non-dischargability claim against debtor who had made fraudulent representations to client.

United States Court of Appeals for the Tenth Circuit

   Overturned rulings of Bankruptcy Court and United States District Court, and successfully enforced judgment lien against debtors’ homestead notwithstanding their homestead exemption claim

New Mexico State Courts

   Representing an unpaid general contractor, obtained a six-figure award in complex commercial litigation against a bank and title insurance company that were defended by some of largest law firms in the state. The case established the principle, for the first time in New Mexico, that a deed to a non-existent LLC does not pass title.

   Won a six-figure six-figure settlement against a major insurance carrier for bad faith refusal to approve plumbing repairs to a house, resulting in catastrophic damage to the house.

   Representing an individual whose wages were being garnished by a credit card company that had wrongfully obtained a $20,000 default judgment against him without ever serving him with the suit, succeeded in having the judgment declared void, and the case dismissed with prejudice, due to the alleged debt being barred by the statute of limitations when the case was filed, and due to the court's failure to follow its own rules with respect to notifying individuals when default judgments are entered against them.

   Obtained six-figure verdict in favor of contractor against project owner for breach of construction agreement.

   Successful appeal in New Mexico Supreme Court, followed by six figure settlement with national bank in favor of asphalt contractor for bad faith acceleration of a promissory note.

   Successful appeal in New Mexico Supreme Court, establishing rule that the contractual obligations in a lease survive foreclosure of the real property interests created by the lease.

   Representing homeowner, obtained release and discharge of a $70,000 mortgage after mortgage company flagrantly disobeyed court orders relating to how the foreclosure sale was to be conducted.

   Representing mining company, defended against workers’ compensation claim on basis that miner was injured as a result of his violation of company, state, and federal mine safety rules.

Following successful proceedings in the New Mexico Court of Appeals by other counsel, convinced the New Mexico Supreme Court to quash its own writ of certiorari in a case involving the heirs of author Jack Kerouac.

   Represented national mortgage lenders in dozens of residential foreclosures, including representation as needed in bankruptcy court.

   Prevailed in counterclaim against credit card company for unfair practices in connection with its merchant dispute resolution program

Reported Cases

Nance v. L.J. Dolloff Assoc., Inc., 2006 NMCA 12, 126 P.3d 1215; Nance v. Certain Underwriters at Lloyds, London, 393 F. Supp. 2d 1115 (D. NM 2005); Heuser v. Kephart, 215 F.3d 1186 (10 Cir. 2000); In re Estate of Kerouac, 126 NM 24, 966 P.2d 191, cert. granted, 126 NM 534, cert quashed, 128 NM 150 (1999); PSG Limited v. August Income/Growth Fund VII, 115 NM 579, 855 P.2d 1043 (1993); Gutierrez v. Sundancer Indian Jewelry, Inc., 117 NM 41, 868 P.2d 1266 (Ct. App. 1993); Garcia v. Homestake Mining Co., 113 NM 508, 828 P.2d 420 (Ct. App. 1992); J.R. Hale Contracting Co. v. United New Mexico Bank at Albuquerque, 110 NM 712, 799 P.2d 581, 13 UCCRS2d 53 (1990); Vandolsen v. Constructors, Inc., 101 NM 109, 660 P.2d 1021 (Ct. App. 1983).

Bar Admissions

Supreme Court of New Mexico, 1982

U.S. District Court for the District of New Mexico and U.S. Court of Appeals for the Tenth Circuit, 1983

U.S. Court of Federal Claims, 1986

U.S. Court of Appeals for the Fifth and Eighth Circuits, 1990

United States Supreme Court, 1990

U.S. District Court for the District of Arizona, 1991

U.S. District Court for the Northern District of Texas, 1991

U.S. Court of Appeals for the Federal Circuit, 1991

U.S. District Court for the Western District of Texas, 1994

U.S. District Court for the Western District of Oklahoma, 1994

Education

Juris Doctor, Southern Methodist University, 1982 (Hatton W. Sumner Scholar)

BBA, Accounting, minors in Economics and Spanish, UNM 1979

Diploma de Espanol Como Lengua Extranjera, Universidad de Salamanca, 1999 (internationally-recognized certification of fluency in written and spoken Spanish)

Certifications

Board Certified, Business Bankruptcy Law, American Board of Certification, 1991-2001.

Private Pilot, Single Engine Land, 1983.

NAUI Certified Skin Diver, 1997

Advanced Class Amateur Radio License, 1978

Certified by United States Department of Veterans Affairs as member of Honor Guard, 2009.

Publications

Author of annual revisions and additions to New Mexico Creditor/Debtor Law, LEXIS Law Publishing, 1989-2002.

Articles

"Tort Liability of Persons Who Feed and Water Wildlife on Their Property," The New Mexico Lawyer, November 2013.

“What to Do When Your Customer Files Bankruptcy—Avoiding the Pitfalls,” The National Utility Contractor, December 1992.

“North Dakota Bankruptcy Decision Could Open Doors for Subs Caught in Squeeze,” The Subcontractor, Vol. 13, No. 2 (August 1991).