Tina Muscarella Gooch

Tina Muscarella Gooch

 

TINA MUSCARELLA GOOCH, a shareholder, serves as practice group leader of the firm’s litigation group. She has more than ten years’ experience in New Mexico representing a variety of clients in civil and commercial litigation, including in the practice areas of employment law, surety law, construction law, cannabis law and constitutional law. Ms. Gooch has significant experience in complex commercial litigation. She has litigated cases in New Mexico state and federal courts on a variety of issues, including Little Miller Act and Miller Act claims, shareholder disputes and easement disputes, professional liability claims, and personal injury claims. Her litigation experience includes pre-lawsuit investigations, discovery, depositions, motions practice, hearings, trials, and appellate briefing. Ms. Gooch has been with the Sutin Firm since 2017; previously she held a shareholder position at another leading Albuquerque law firm.

 

Admissions

  • New Mexico, 2008
  • U.S. District Court, District of New Mexico, 2008
  • U.S. Court of Appeals for the 10th Circuit, 2012
  • U.S. District Court, Eastern District of Michigan, 2015
  • U.S. Supreme Court, 2016

Education

  • University of New Mexico Law School, 2008, J.D., magna cum laude
  • University of San Diego, 2003, B.A. International Relations, cum laude

Publications & Speeches

Published cases:

  • Whitehead v. Mgmt. & Training Corp., 524 F. Supp. 3d 1155, 2021 WL 1248387 (D.N.M. 2021) (Upholding prison’s restrictions on inmate access to hardbound books as constitutionally valid, and granting Defendants’ motion for summary judgment as to Plaintiff claims).
  • Gallegos v. New Mexico Tech, 2014 WL 4293085 (N.M. Ct. App. June 16, 2014) (Application of cost-shifting provisions of offers of settlement pursuant to Rule 1-068 NMRA).
  • Nettles v. Ticonderoga Owners’ Ass’n, Inc., 2013-NMSC-030, 306 P.3d 441, 2013 WL 3226756 (Homeowners’ associations’ duties and rights to amend governing documents.)
  • Tierra Realty Tr. LLC v. Vill. of Ruidoso, 2013-NMCA-030, 296 P.3d 500, 2013 WL 309865 (wastewater rate case addressing proper criterion for certifying a class action pursuant to Rule 1-023 NMRA.)
  • Lopez v. Roark, 637 Fed. Appx. 520, 2016 WL 805813 (10th Cir. 2016), cert. denied, Lopez v. Roark, 137 S. Ct. 280, 196 L. Ed. 2d 81, 85 USLW 3141, 2016 WL 5640269 (2016) (Upholding district court’s dismissal of prisoners claims of alleged violations of constitutional rights).

Recognitions

  • Martindale Hubbell: AV Preeminent
  • Top General Attorney, Albuquerque Journal Readers’ Choice Awards, 2022
  • Best Lawyers in America, Cannabis Law, Employment Law – Management
  • Fellow, Construction Lawyers Society of America
  • Super Lawyers: Civil Litigation: Defense – Rising Stars

   

 

Professional & Community Involvement

  • Sutin, Thayer & Browne, Practice Group Lead, Litigation Group, 2023
  • Family Friendly New Mexico, Business Leadership Council Member, 2020-present
  • State Bar of New Mexico, Cannabis Law Section, Board Member, 2019-present; Chair-Elect, 2023
  • Albuquerque Bar Association
  • New Mexico Defense Lawyers Association
  • American Bar Association
  • Order of the Coif

Representative Experience

Litigated cases in New Mexico state and federal courts on a variety of issues, including:

  • Complex commercial litigation
  • Employment law
  • Constitutional law
  • Construction law
  • Little Miller Act and Miller Act claims
  • Professional liability claims
  • Personal injury claims
  • Cannabis law
  • Property and easement disputes

Litigation experience includes pre-suit investigations, discovery, depositions, motions practice, hearings, trials, and appellate briefings.

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