Feferman & Warren

Lawyer Advertisement

TEL 505-243-7773   FAX 505-243-6663
consumer@nmconsumerwarriors.com

 

Published Decisions

 

In 1999, the firm was nominated for Trial Lawyers of the Year at Trial Lawyers for Public Justice for its $669,000 jury verdict against a New Mexico car dealer for odometer fraud and tortious debt collection practices.

Richard N. Feferman is the founding partner. Mr. Feferman spent 13 years in federally funded Legal Services before entering private practice. As Executive Director of the New Mexico Legal Services Support Project from 1977 to 1984, he litigated major statewide class action cases and operated an innovative and highly successful in-house training program. Prior to that, he spent five years with the Michigan Migrant Legal Assistance Project, where he was the Executive Director. Mr. Feferman is a 1971 graduate of the University of Michigan Law School.

Susan M. Warren joined the firm in 1996. She graduated from Harvard Law School in 1990 and practiced with DNA-People's Legal Services for six years. When she was deciding on her first job after law school she had to choose between working for Skadden, Arps in New York at $85,000 a year or at DNA with a $18,000 starting salary. Ms. Warren chose to follow her heart rather than the money. Ms. Warren has obtained several six-figure damage awards in trials against car and mobile home dealers who defrauded her clients.

Rob Treinen came to Feferman & Warren in 2001. He graduated from University of Minnesota Law School in 1999 and practiced with Community & Indian Legal Services in Gallup, New Mexico, for two years. Mr. Treinen  has a $350,000 arbitration award to his credit, following trial against a dishonest mobile home dealer.

 

 

Published Decisions

1. Bitah v. Global Collection Services, Inc., et al, 968 F. Supp. 618 (D.N.M. 1997) (lawyer liability under the Fair Debt Collection Practices Act)

2. Halwood v. Cowboy Auto Sales, Inc., 124 N.M. 77, 946 P.2d 1088 (N.M. Ct. App. 1997) (upholding enforcement of judgment for punitive damages for on-reservation tort committed by non-Indian)

3. Yazzie v. Ray Vicker's Special Cars, Inc., 12 F. Supp. 2d 1230 (D.N.M. 1998) (finding that pawn "storage fee" was undisclosed finance charge under Truth in Lending Act)

4. Lee v. Gallup Auto Sales, Inc., 135 F.3d 1359 (10th Cir. 1998) (striking illegal regulation that had exempted older vehicles from coverage under federal Motor Vehicle Information and Cost Savings Act)

5. Taylor v. United Management, Inc., 51 F. Supp. 2d 1212 (D.N.M. 1999) (motor vehicle lease which failed to state the amount allowed as a trade-in violated the Consumer Leasing Act's requirement that the lease contain accurate and meaningful disclosures)

6. Dimezza v. First USA Bank, Inc. et al., 103 F. Supp.2d 1296 (D.N.M. 2000) (upholding private right of action against creditor or other furnisher of information for credit report) (national precedent-setting decision)

7. Campos v. Brooksbank, 120 F. Supp. 2d 1271 (D.N.M. 2000) (In suit against an attorney for violation of the Fair Debt Collection Practices Act, the statute of limitations began running on the date the attorney's conduct allegedly violated the FDCPA, not the date the attorney first filed his collection case in state court; also, attorneys are not exempt as a class from suit under the New Mexico Unfair Practices Act)

8. Yazzie v. Amigo Chevrolet, Inc., 189 F.Supp. 2d 1245 (D.N.M. 2001) (Used car dealer's failure to allow consumers to examine and to sign title certificate, which would have revealed identity of previous owner, violates federal Motor Vehicle Information and Cost Savings Act with intent to defraud). (national precedent-setting decision)

9. Morey v. Miano, 141 F. Supp. 1061 (D. N.M. 2001) (New Mexico motor vehicle bonding statute applies where consumer has alleged fraud in the sale of the motor vehicle)

10. Rubio v. Bob Crowe Chrysler, 145 F. Supp. 2d 1248 (D.N.M. 2001) (New Mexico motor vehicle bonding statute allows direct action against surety bonding company, where consumer has alleged fraud in the sale of the motor vehicle)

11. Martin v. Franklin Capital Corp., 251 F.3d 1284 (10th Cir. 2001) (disallowing removal to federal court by aggregation of punitive damage claims to meet amount-in-controversy requirement in class action claim)

12. Salmeron v. Highlands Ford Sales, Inc., 223 F. Supp. 2d 1238 (D.N.M. 2002) (claim stated under federal Motor Vehicle Information and Cost Savings Act, where consumer alleged auto dealer did not furnish the title certificate for her examination and signature, in a deliberate attempt to hide the auto's history and, if she would have seen that history, she would not have bought it); 248 F. Supp. 2d 1035 (D.N.M. 2003) (federal Motor Vehicle Information and Cost Savings Act, requires disclosures to be given on title certificate itself, not on other forms); 220 F.R.D. 667 (D.N.M. 2003) (auto dealer must produce customer contact information for other purchasers of used cars, which previously had been owned by rental car companies, because such information was highly relevant to proving intentional misconduct)

13. Apodaca v. Discover Financial Services, et al., 417 F.Supp.2d 1220 (D.N.M. 2006) (punitive damages available against credit reporting agency where agency's automated system failed to take into account information provided by consumer in mixed file dispute)

View Decision

-top-

-Feferman & Warren-