Scheuer Yost Patterson  
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           Mel Yost

              (505) 989-7500 ph
              (505) 982-9911 alternate ph
              (505) 982-1621 fax

              

Click on a section below to see details.

 General Practice

Mr. Yost handles a variety of transactions for his clients, including asset and stock purchase agreements, business entity formation, preparation of employee handbooks, employment agreements, residential and commercial leases, and real estate purchase and sale agreements. He also assists clients with the formation of trusts and the drafting of wills, healthcare powers of attorney, durable powers of attorney, and the probate of simple and complex estates. In addition, he advises local businesses on various legal questions, including employment, personnel, real estate, litigation, construction, contracts, policies and procedures, and other questions involving operations.

 General Civil Litigation and Complex Litigation

During the 35 years he has practiced in New Mexico, Mr. Yost has been the lead attorney in bench  and jury trials in both state and federal courts. He has prepared legal memoranda and briefs on a variety of issues in numerous state courts, United States District Courts, the Tenth Circuit Court and the Supreme Court of the United States. Mr. Yost has represented a wide variety of clients over the years and has developed a corresponding depth and breadth of practice.

By way of example, Mr. Yost has represented a publicly held company in a suit brought by a production supervisor alleging that he was wrongfully terminated in violation of public policy. He has represented a large publicly held company in the defense of a claim by a previous employee that the company breached an implied contract of long term employment. He has successfully represented an international contractor in a suit against its supplier, the project engineer and the owner of a project for damages for breach of warranty of fitness for a particular purpose and merchantability, improper design of facility, and breach of implied covenant of to provide workable plans and specifications. He has represented owners and contractors in construction disputes.

Mr. Yost has represented companies and individuals in obtaining insurance coverage, including professional liability coverage, pursuant to an endorsement under a comprehensive general liability policy and a homeowner for environmental clean-up costs under a homeowner's policy. He has represented insurance companies in defending numerous class actions which were filed in New Mexico. He has represented a group of homeowners and title insurance companies in a complex case involved claims for easements and public access. He has acted as co-counsel on numerous occasions with out-of-state law firms litigating a variety of complex commercial cases.

 Mediation & Arbitration

Mr. Yost has facilitated and mediated more than 700 cases throughout New Mexico and elsewhere. In particular, he has acted as a facilitator/mediator in personal injury and wrongful death suits; insurance coverage claims; wrongful termination and other employment law litigation; business disputes; construction disputes including litigation involving architects, engineers, property owners, contractors and subcontractors; real property disputes; probate disputes; partnership disputes; the application of a business interruption policy to a stock brokerage firm's loss; litigation concerning a record distributing contract; disputes between a bank, debtors and guarantors; a claim for damages resulting from the alleged failure of industrial machinery; complex commercial disputes and numerous complex dissolution of marriage matters. Mr. Yost lectures about settlement facilitation and mediation to numerous continuing education programs, including the New Mexico State Bar, the National Business Institute, the Albuquerque Bar Association, the First Judicial Bar Association and as a presenter for the Judicial Arbiter Group, Inc.

Mr. Yost has served as an arbitrator in a variety of personal injury, employment, construction, uninsured motorist, franchise, insurance, probate, real estate and other matters. He has extensive training in Alternative Dispute Resolution (ADR) and has lectured before attorneys, judges and others on various aspects of dispute resolution.

Mr. Yost's peers have recognized his expertise by naming him as one of the Best Lawyers in America in Dispute Resolution in the first issue recognizing this category and every issue thereafter and he was selected to the Southwest SuperLawyers for Alternative Dispute Resolution. 

Education and Background

Mr. Yost was born in New Castle, Indiana and moved to Santa Fe as an infant where he later attended Santa Fe's Wood-Gormley Elementary School. After graduating from the New Mexico Military Institute in Roswell, he attended Columbia University in New York City. Mr. Yost received his Bachelor of Arts in Government and Economics from Columbia University in 1969, after which he returned to New Mexico. After graduate studies at the Robert O. Anderson School of Business, he attended the University of New Mexico School of Law. During this period, he was elected to the Order to the Coif and served on the editorial board of the New Mexico Law Review and as a staff member of the Natural Resources Journal. Mr. Yost was awarded his Juris Doctor, summa cum laude, from the University of New Mexico in 1973. He is currently a member of the American Bar Association and its sections on Litigation and Alternative Dispute Resolution. He and his wife Barbara have three children. Like their father, all three Yost children attended Wood-Gormley Elementary School.

Experience

  • Admitted to the New Mexico bar in October 1973.
  • Instructor in Advocacy, University of New Mexico School of Law, 1973-1975.
  • Admitted to practice in the U.S. District Court for the District of New Mexico, the U.S. Court of Appeals for the Tenth Circuit and the U.S. Supreme Court.
  • Senior Shareholder with Scheuer, Yost & Patterson, P.C.

Memberships and Professional Affiliations

  • Member, First Judicial District Bar.
  • Master of the Bench, Oliver Seth Inn of Court.

Reported Cases 

  • Rivera-Platte v. First Colony Life Ins. Co., 143 N.M. 158, 173 P.3d 765 (N.M. Ct. App. 2007)
  • Kmart Properties, Inc. v. N.M. Taxation & Revenue Dept., 139 N.M. 177, 131 P.3d 27 (N.M. Ct. App. 2001)
  • PNM v. Lyons, 129 N.M. 487, 10 P.3rd 166 (N.M. Ct. App. 2000)
  • Kerr-McGee Corp. v. Farley, 88 F.Supp.2d 1219 (D.N.M. 2000), aff'd,115 F.3d 1498 (10th Cir. 1997)
  • New Mexicans for Bill Richardson v. Stephanie Gonzales, et al., 64 F.3d 1495 (10th Cir. 1995)
  • Chavez v. Manville Products Corp., 108 N.M. 643, 777 P.2d 371 (N.M. 1989)
  • Scott v. AZL Resources Inc., et al., 107 N.M. 118, 753 P.2d 897 (N.M. 1988)
  • Mares v. Valencia County Sheriff's Dept.,106 N.M. 744, 749 P.2d 1123 (N.M. Ct. App.1988)
  • Padilla v. Chavez,105 N.M. 349, 732 P.2d 876 (N.M. Ct. App.1987)
  • Co-Counsel: United Nuclear Corp. v. General Atomic Co., 93 N.M. 105, 597 P.2d 190 (N.M. 1979)
  • Trotter v. Callens, 89 N.M. 19, 546 P.2d 867 (N.M. Ct. App. 1976)
  • Cordova v. City of Albuquerque, 86 N.M. 697, 526 P.2d 1290 (N.M. Ct. App. 1974).

Awards and Recognition

  • AV Rated by Martindale-Hubbell's Peer Review Ratings.
  • Listed in Best Lawyers in America in both Litigation and Dispute Resolution.
  • Selected to Southwest SuperLawyers in 2009.
  • Accolades:  September 17, 2010 letter from the Albuquerque Bar Association.

Community Service

Mr. Yost participates in numerous charitable activities in the greater Santa Fe area. He currently serves on the Board of Advisors for Santa Fe Pro Musica. He has also served as President of The Santa Fe Boys Club, President of the St. Vincent's Hospital Foundation and is a former Fellow of the New Mexico Bar Foundation. Outside the office, Mr. Yost's interests include spending quality time with family and friends, the arts, reading and the Internet.

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