Andrew J. Simons

Andrew J. Simons

ANDREW J. SIMONS' first job out of law school was serving as the law clerk for Judge William W. Bivins, New Mexico Court of Appeals, from 1992 to 1993, after which he joined Sutin, Thayer & Browne, where his practice is concentrated in commercial litigation emphasizing creditors' rights, consumer law, real estate law, and Indian Law. He has represented clients in a variety of litigation, such as (1) representing creditors in complex commercial real estate foreclosure actions, as well as workouts, involving debts ranging from $750,000 to well over $150 million, and involving real estate ranging in size from less than an acre to 55,000 acres, including defending against lender-liability counterclaims brought in such actions; (2) defending against consumer claims made against lenders for alleged fraud, product defects and/or unfair practices arising from purchases of real estate and vehicles; (3) representing lenders in complex commercial collateral-recovery actions, such as actions to recover vehicle and parts inventories of car dealers defaulting on inventory-financing loans, and actions to recover equipment and other personal property of businesses defaulting on capital and operating loans, including defending against lender-liability counterclaims brought in such actions; (4) representing professionals and businesses, such as accountants, construction contractors and real estate appraisers, in commercial tort and breach-of-contract actions; (5) prosecuting and defending against statewide consumer class actions; and (6) defending title companies against tort, breach-of-contract and unfair-practices claims.

Admissions

  • New Mexico, 1992
  • U.S. District Court, District of New Mexico, 1994
  • Navajo Nation and Zuni Pueblo, 1995
  • Jicarilla Apache Tribe, 1998
  • Southern Ute Tribe, 1999
  • Isleta Pueblo, 2000
  • Ysleta Del Sur Pueblo, 2000
  • Ute Mountain Ute Tribe, 2000

Education

  • University of New Mexico Law School, 1992, J.D.
  • University of Texas, 1988, B.A.

Publications & Speeches

Andrew has written articles and given presentations on a wide variety of topics related to his practice throughout his career.

Recognitions

  • Martindale-Hubbell Rating: BV Distinguished
  • Chambers USA, Native American Law
  • Super Lawyers, Business Litigation
  • Benchmark Litigation, Local Litigation Star
  • Order of the Coif

Professional & Community Involvement

  • Federal Bar Association
  • American Bar Association
  • Albuquerque Bar Association
  • Albuquerque High School Mock Trial Team, Coach
  • Navajo Nation Bar Association – Mandatory Continuing Legal Education Committee

Representative Experience

  • Representing creditors in complex commercial real estate foreclosure actions, as well as workouts involving debts ranging from $750,000 to well over $150 million, and involving real estate ranging in size from less than an acre to 55,000 acres, including defending against lender-liability counterclaims brought in such actions.
  • Representing public entities in defense of lawsuits alleging violation of state statutes and constitutional provisions in state and federal courts. Notably, Mr. Simons helped successfully represent the state's largest public hospital in an appeal related to the constitutionality of certain public hospital lien actions. [Hem v. Toyota Motor Corp., No. 33,775, slip op. (N.M. Sup. Ct. June 25, 2015)]
  • Defending against consumer claims made against lenders for alleged fraud, product defects and/or unfair practices arising from purchases of real estate and vehicles.
  • Representing lenders in complex commercial collateral-recovery actions, such as actions to recover vehicle and parts inventories of car dealers defaulting on inventory-financing loans, and actions to recover equipment and other personal property of businesses defaulting on capital and operating loans, including defending against lender-liability counterclaims brought in such actions.
  • Representing professionals and businesses such as accountants, construction contractors and real estate appraisers in commercial tort and breach-of-contract actions.
  • Prosecuting and defending against statewide consumer class actions.
  • Defending title companies against tort, breach-of-contract and unfair-practices claims.