About Thomas C. Bird

Thomas Bird’s practice focuses on appellate law matters.


  • New Mexico
  • U.S. Supreme Court
  • U.S. Court of Appeals Tenth Circuit
Representative Engagements

Published Appellate Opinions:

  • Brown v. Presbyterian Healthcare Services, Inc., 101 F.3d 1324 (10 th Cir. 1996) (one of the few successful antitrust claims brought by a physician against a hospital based on the revocation of hospital privileges);
  • Homans v. City of Albuquerque, 366 F.3d 900 (10 th Cir. 2004) (a successful First Amendment challenge to the City of Albuquerque’s campaign spending limit);
  • TPL, Inc. v. New Mexico Department of Taxation and Revenue, 133 N.M. 447, 64 P.3d 474 (2002) (reversing the Department’s denial of TPL’s gross receipts tax deduction);
  • Blake v. Public Service Company of New Mexico, 134 N.M. 789, 82 P.3d 960 (Ct. App. 2003) (holding that public utility had no duty to pedestrians with respect to maintenance of street lights operated under contract with municipality);
  • Piña v. Gruy Petroleum Management Co., 139 N.M. 619, 136 P.3d 1029 (2006) (holding that choice of law provided in oil field services contract was void as contrary to public policy);
  • Johnstone v. City of Albuquerque, 140 N.M. 596, 145 P.3d 76 (2006) (holding that stepfather/police officer had no duty to anticipate and prevent stepdaughter’s suicide);
  • Capco Acquisub, Inc. v. Greka Energy Corp., 145 N.M. 328, 198 P.3d 354 (2008) (reversing judgment against appellant/parent corporation on due process grounds);
  • Valdez v. R-Way, LLC, 145 N.M. 328, 198 P.3d 354 (2010) (holding that release of employee extinguished respondent superior claims against employer).

Thomas C. Bird

  • University of New Mexico, B.A. (1977)
  • University of New Mexico, J.D. (1982)
Honors & Awards
  •  Inclusion in The Best Lawyers in America® for the areas of:
    • Appellate Practice
    • Litigation – Antitrust
    • Native American law
    • Natural Resources Law
  • Inclusion in the 2015 Best Lawyers in America® Lawyer of the Year in the area of Native American law.
  • Annually honored by Southwest Super Lawyers since 2009
  • Inducted as Fellow into The American Academy of Appellate Lawyers
  • Recipient of Lewis Sutin Award for Excellence in Appellate Advocacy
  • Rated AV by Martindale-Hubbell®

State Bar of New Mexico, Member

  • Board of Directors; Chair (1993 – 1994)
  • Natural Resources and Environmental Section, Member
  • Appellate Practice Section, Board of Directors (2002 – 2005); Chairman (2004)

New Mexico Supreme Court Appellate Rules Committee,

  • Appellate Law Specialization Committee, Chair