Timothy C. Holm - Modrall Sperling

Timothy C. Holm

Listed in Best Lawyers since 2009

Timothy Holm has more than twenty years of experience in civil litigation.  His practice is focused on class action and mass torts, products liability litigation (including medical devices, pharmaceutical products, dietary supplements, heating and ventilation products, and other products), and consumer protection litigation (UPA, UIPA, FDCPA, FCRA), along with commercial and personal injury litigation.  Timothy also represents contractors in pursuing bid protests against governmental entities.  He is experienced in trials, evidentiary hearings and administrative proceedings.  In addition, he is skilled in pre-trial practice and in obtaining 12(b)(6) dismissals and summary judgments.

The University of North Carolina at Chapel HillBA 1984University of North Carolina School of LawJ.D. 1987
Defense Research InstituteInternational Association of Defense Counsel New Mexico Defense Lawyers AssociationUSLAW NetworkLocal Civil Rules Committee of the U.S. District Court for the District of New Mexico

Case History

Insurance Defense
  • Successful defense of numerous insurance companies in modal premium and installment fee multi-state class action claims for alleged UPA and UIPA violations, with dismissal of all claims with no award or settlement amount or anything to Plaintiffs' counsel, named Plaintiffs, or the putative class members. See Smoot v. Physicians Life Insurance Company , 2004-NMCA-27, 135 N.M. 265, 87 P.3d 545; and Sanchez v. Progressive.
Pharmaceutical Company Defense
  • Summary judgment in favor of pharmaceutical company in wrongful death case, upheld on appeal, confirming that the discovery rule does not apply to wrongful death actions under the New Mexico wrongful death statute.  See Clark v. Lovelace Health Systems, Inc ., 2004-NMCA-119, 136 N.M. 411, 99 P.3d 232.
Fisher v. NM Dept. of Transporation
  • Successful appeal of denial of bid protest of highway construction company on $40 million project, Fisher v. NMDOT

Railroad Company Defense
  • Summary judgment based on preemption in railroad crossing cases, including the precedential decision of Armijo v. Atchison, Topeka and Santa Fe Railway Company , 87 F.3d 1188 (10th Cir. 1996).

Office Location

500 Fourth Street, NW, Suite 1000
P.O. Box 2168
Albuquerque, NM 87103
United States

Lawyer of the Year Awards

2015 Lawyer of the Year in Railroad Law of the Albuquerque Metro Area2013 Lawyer of the Year in Mass Tort Litigation / Class Actions - Defendants of the Albuquerque Metro Area
Timothy C. Holm has earned a Lawyer of the Year award for 2015!Timothy C. Holm has earned a Lawyer of the Year award for 2013!

Practice Areas

Mass Tort Litigation / Class Actions - Defendants
Product Liability Litigation - Defendants
Railroad Law