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Hon. James O. Browning (Ret.)

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Hon. James O. Browning, (Ret.) joins JAMS following a distinguished legal career spanning 45 years, including more than 23 years of service on the U.S. District Court for the District of New Mexico. During his judicial service, Judge Browning presided over complex federal civil litigation involving class actions, mass tort and other multiparty proceedings; business and commercial disputes; and securities and Securities and Exchange Commission (SEC) enforcement proceedings, as well as cases involving antitrust and competition, employment, insurance, product liability, personal injury, civil rights, energy and utilities, administrative law, American Indian tribal law, and real estate and real property.

Judge Browning’s docket included the Thornburg Mortgage securities class action and related SEC enforcement litigation, the Santa Fe Natural Tobacco marketing and products liability multidistrict litigation (MDL), a Federal Trade Commission (FTC) challenge to a proposed gasoline-industry merger, an oil and gas royalty class action and extensive litigation arising from the Hermit’s Peak/Calf Canyon fires and the Federal Emergency Management Agency’s (FEMA) administration of the federal compensation program. His rulings addressed Rule 23 and Fair Labor Standards Act (FLSA) certification, federal preemption, expert evidence, dispositive motions, injunctive relief, jurisdiction, discovery sanctions, electronically stored information, federal administrative action and unsettled questions of state law. He also conducted bench trials involving employment discrimination, contractual rights, aboriginal title and complex real property interests.

Before joining the bench, Judge Browning practiced civil litigation in Albuquerque and served as lead or co-counsel in bench and jury trials involving commercial contracts, fraud, construction, medical malpractice, product liability and personal injury. He also participated in numerous settlement conferences, both as trial counsel and as a mediator. Judge Browning served as deputy attorney general of New Mexico and began his legal career clerking for Chief Judge Collins J. Seitz of the U.S. Court of Appeals for the Third Circuit and then for Associate Justice Lewis F. Powell Jr. of the Supreme Court of the United States.

Judge Browning brings an approachable, case-specific style grounded in thorough preparation, analytical rigor and close attention to the parties’ interests and concerns. His judicial approach combined analytical thinking with emotional intelligence and empathy. He listens closely, identifies the factual and legal issues driving a dispute and remains attentive to the practical and interpersonal dynamics that may affect resolution. At JAMS, Judge Browning is available to serve as a mediator, arbitrator, court-appointed neutral and neutral evaluator, using active listening, careful analysis and pragmatic problem-solving to help counsel assess risk, narrow disputed issues and identify workable paths forward.

Representative Matters

Unless otherwise noted, the matters below were handled during Judge Browning’s service on the federal bench.

American Indian Tribal Law

  • Pueblo of Jemez v. United States, 430 F. Supp. 3d 943 (D.N.M. 2019), amended on reconsideration, 483 F. Supp. 3d 1024 (D.N.M. 2020), aff’d in part, vacated in part and rev’d in part, 63 F.4th 881 (10th Cir. 2023): Conducted a bench trial concerning the Pueblo’s claim of aboriginal title to portions of the Valles Caldera National Preserve; the matter involved historical and anthropological evidence, exclusive tribal use and occupancy, federal Indian land claims and the evidentiary standards governing indigenous title

Antitrust & Competition

  • Federal Trade Commission v. Foster, No. CIV 07-352 JB/ACT, 2007 WL 1793441 (D.N.M. May 29, 2007): Following an evidentiary proceeding, denied the FTC’s request for a preliminary injunction to block a proposed gasoline-industry merger under Section 7 of the Clayton Act; the 104-page decision included 462 findings of fact and 43 conclusions of law addressing market definition, competitive effects and expert economic testimony

Business Commercial

  • Guidance Endodontics, LLC v. Dentsply International, Inc., 663 F. Supp. 2d 1138 (D.N.M. 2009): Addressed claims involving allegedly false advertising under the Lanham Act and the New Mexico Unfair Practices Act, including whether disputed evidence precluded summary judgment
  • Private practice matters: As a trial lawyer, served as lead or co-counsel in bench and jury trials involving commercial contracts, fraud, construction and other business disputes

Civil Rights

  • Lowery v. City of Albuquerque, No. CIV 09-0457 JB/WDS, 2011 WL 1336670 (D.N.M. Mar. 31, 2011); 2014 WL 7473790 (D.N.M. Dec. 17, 2014): Addressed a class action challenging the City of Albuquerque’s warrantless residential-seizure program; granted summary judgment for the plaintiffs on the constitutional issue and later reviewed a special master’s damages awards and directed the distribution of settlement funds
  • Martin v. City of Albuquerque, No. CIV 14-1011 JB/KBM, slip op. (D.N.M. Nov. 9, 2015): Denied summary judgment on a Section 1983 excessive-force claim in which a law enforcement officer asserted qualified immunity following an incident resulting in severe injury
  • B.T. v. Davis, 557 F. Supp. 2d 1262 (D.N.M. 2007): Addressed qualified immunity and Section 1983 claims against state licensing officials arising from the renewal of a teacher’s license despite prior misconduct allegations; the decision considered equal protection, substantive due process, deliberate indifference and personal participation
  • Pena v. Greffet, 922 F. Supp. 2d 1187 (D.N.M. 2013): Addressed constitutional and state-law claims alleging sexual abuse, retaliation and suppression of inmate complaints; the decision analyzed supervisory and municipal liability, the Eighth Amendment, First Amendment retaliation, state action and vicarious liability
  • Ortiz v. New Mexico, 550 F. Supp. 3d 1020 (D.N.M. 2021): Addressed claims that correctional officials failed to prevent or respond to an alleged sexual assault by a correctional officer; the 226-page opinion considered deliberate indifference, constitutional standards governing institutional liability and the individual responsibility of public officials

Class Action

  • Anderson Living Trust v. WPX Energy Production, LLC, 306 F.R.D. 312 (D.N.M. 2014), adhered to on reconsideration, 312 F.R.D. 620 (D.N.M. 2015): Denied class certification in an oil and gas royalty dispute after determining that material variations among the governing leases and individualized issues defeated Rule 23 commonality and predominance; the decisions addressed lease interpretation, parol evidence, the discovery rule, classwide damages and class certification standards
  • Lane v. Page, 862 F. Supp. 2d 1182 (D.N.M. 2012): Approved a class action settlement after determining that it was fair, adequate and reasonable, and addressed objections concerning the proposed application of the cy pres doctrine to the distribution of settlement funds

Employment Law

  • Padilla-Owens v. Sandia National Laboratories, No. CIV 02-0448 JB/WDS, 2003 WL 24153912 (D.N.M. Nov. 25, 2003), and Neal v. Sandia National Laboratories, No. CV 03-0648 JB/RHS, 2004 WL 7337501 (D.N.M. Oct. 6, 2004), aff’d, 157 F. App’x 67 (10th Cir. 2005): Granted summary judgment in employment matters involving retaliation, failure to promote and age discrimination arising from hiring and interview decisions
  • Benavidez v. Sandia National Laboratories, 212 F. Supp. 3d 1039 (D.N.M. 2016): Granted in part and denied in part a motion to dismiss an employment discrimination action involving the New Mexico Human Rights Act, Section 301 preemption under the Labor Management Relations Act and the federal enclave doctrine
  • Clayton v. Pioneer Bank, No. CIV 07-0680 JB/LAM, 2008 WL 5787472 (D.N.M. Dec. 31, 2008): Entered judgment for an employee following a bench trial involving disability discrimination and failure to accommodate; the decision addressed essential job functions, reasonable accommodation, undue hardship, pretext and remedies.
  • Lujan v. City of Santa Fe, 122 F. Supp. 3d 1215 (D.N.M. 2015): Reviewed an administrative decision upholding a public employee’s termination and addressed administrative bias, substantial evidence, arbitrary-and-capricious review, just cause and waiver
  • Bustillos v. Board of County Commissioners of Hidalgo County, 310 F.R.D. 631 (D.N.M. 2015): Granted conditional certification of an FLSA collective action while denying Rule 23 certification, addressing the different standards governing collective and class treatment of wage and hour claims
  • Gonzales v. City of Albuquerque, 849 F. Supp. 2d 1123 (D.N.M. 2011), aff’d, 701 F.3d 1267 (10th Cir. 2012): Addressed claims by former municipal employees under the Due Process Clause, the FMLA, the FLSA and state employment law; the 105-page opinion analyzed protected property interests, implied employment contracts, wrongful termination, retaliation, interference and the FLSA executive exemption
  • Landry v. Swire Oilfield Services, L.L.C., 252 F. Supp. 3d 1079 (D.N.M. 2017): Granted conditional certification of a proposed FLSA collective involving oilfield workers and salary and fluctuating-workweek compensation practices; the decision addressed Section 216(b), similarly situated employees and collective-action notice procedures
  • Lacy v. Christus St. Vincent Regional Medical Center, No. CIV 25-0118 JB/SCY, 2026 WL 776442 (D.N.M. March 19, 2026): Denied a motion to dismiss a physician’s religious accommodation claim arising from a hospital policy concerning pronoun use; the decision addressed administrative exhaustion, undue hardship and compelled-speech allegations

Energy & Utilities

  • SWEPI, LP v. Mora County, New Mexico, 81 F. Supp. 3d 1075 (D.N.M. 2015): Invalidated a county ordinance prohibiting oil and gas extraction and hydraulic fracturing, addressing the limits of local governmental authority and the interaction between local regulation and state law

Insurance

  • Apodaca v. Young America Insurance Co., 702 F. Supp. 3d 1094 (D.N.M. 2023): Granted in part and denied in part a motion to dismiss claims challenging allegedly illusory automobile insurance coverage; the decision addressed negligent misrepresentation, the New Mexico Unfair Practices Act and the implied covenant of good faith and fair dealing
  • Rodriguez v. Allstate Property & Casualty Insurance Co., No. CIV 23-1022 JB/JMR, slip op. (D.N.M. March 31, 2026): Certified unresolved questions of state law concerning the enforceability of a property insurance policy’s contractual limitations period; the matter also involved alleged prejudice to the insurer and the proposed bifurcation of contract and bad-faith claims
  • Presided over additional insurance disputes involving first-party property coverage, UM/UIM benefits, policy interpretation, duty to defend and indemnify, alleged bad faith, coverage exclusions, subrogation and declaratory relief

Mass Natural Disaster Relief

  • Dolan v. Federal Emergency Management Agency, 794 F. Supp. 3d 951 (D.N.M. 2025): Addressed wildfire victims’ challenges to FEMA regulations implementing the Hermit’s Peak Fire Assistance Act; determined that regulations precluding certain noneconomic damages conflicted with the statute’s incorporation of New Mexico tort law and were arbitrary and capricious under the Administrative Procedure Act; the decision also addressed nuisance, trespass, strict liability for abnormally dangerous activities and the scope of APA remedies
  • Presided over numerous related matters concerning FEMA’s administration of claims arising from the Hermit’s Peak/Calf Canyon fires; the litigation involved administrative exhaustion, statutory claim processing deadlines, compensatory and noneconomic damages, regulatory exclusions, judicial review, consolidation and requests for declaratory and injunctive relief

Mass Tort

  • In re Santa Fe Natural Tobacco Co. Marketing & Sales Practices & Products Liability Litigation, 288 F. Supp. 3d 1087 (D.N.M. 2017); No. MD 16-2695 JB/LF, 2023 WL 6121894 (D.N.M. Sept. 19, 2023): Presided over an MDL alleging that tobacco companies deceptively marketed cigarettes as “natural” and “additive-free”; addressed personal jurisdiction, FTC and Food and Drug Administration (FDA) preemption, commercial speech under the First Amendment, state consumer protection statutes, express warranty and unjust enrichment; in later proceedings, granted class certification in part

Personal Injury

  • Peshlakai v. Ruiz, No. CIV 13-0752 JB/ACT, 2014 WL 4351419 (D.N.M. Aug. 29, 2014): Addressed discovery sanctions in a motor vehicle case that proceeded to trial; the ruling considered late-disclosed witnesses, electronically stored information, Rule 37 sanctions, additional discovery and cost shifting
  • Leon v. FedEx Ground Package System, Inc., No. CV 13-1005 JB/SCY, 2016 WL 836980 (D.N.M. Feb. 16, 2016); No. CIV 13-1005 JB/SCY, 2016 WL 814836 (D.N.M. Feb. 21, 2016): Addressed liability arising from a fatal commercial trucking collision, including negligence per se, statutory traffic violations and an asserted aiding and abetting theory
  • Private practice matters: As a trial lawyer, represented clients in medical malpractice, product liability and personal injury trials

Product Liability

  • Rimbert v. Eli Lilly & Co., 577 F. Supp. 2d 1174 (D.N.M. 2008); No. CIV 06-0874 JCH/LFG, 2009 WL 2208570 (D.N.M. July 21, 2009), aff’d, 647 F.3d 1247 (10th Cir. 2011): Addressed failure-to-warn claims involving Prozac and whether New Mexico would adopt the learned-intermediary doctrine; the litigation also involved strict product liability, negligence per se, breach of warranty, punitive damages, the adequacy of warnings and reconsideration of a prior Daubert ruling
  • Nowell v. Medtronic, Inc., 372 F. Supp. 3d 1166 (D.N.M. 2019), aff’d, No. 19-2073, 2021 WL 4979300 (10th Cir. Oct. 27, 2021): Dismissed product liability claims involving a medical device after analyzing allegations concerning design, manufacture, warnings, causation, alternative design, warranty, limitations and punitive damages

Real Property

  • McNeill v. Loewen, No. CIV 24-0032 JB/SCY, 2026 WL 1535887 (D.N.M. June 1, 2026): Entered judgment following a bench trial involving contractual grazing rights reserved in a ranch purchase agreement; the matter required analysis of contract interpretation, waiver, conditions precedent, breach and mitigation of damages

Securities

  • In re Thornburg Mortgage, Inc. Securities Litigation, 824 F. Supp. 2d 1214 (D.N.M. 2011), aff’d sub nom. Slater v. A.G. Edwards & Sons, Inc., 719 F.3d 1190 (10th Cir. 2013): Presided over a putative securities class action against a mortgage company, underwriters and corporate officers alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934; the litigation involved the company’s public disclosures, financial condition and the sufficiency of federal securities claims
  • Securities and Exchange Commission v. Goldstone, 952 F. Supp. 2d 1060 (D.N.M. 2013), and related proceedings, No. CIV 12-0257 JB/GBW: Presided over an SEC civil enforcement action against former Thornburg Mortgage executives involving alleged securities fraud, financial reporting, liquidity, margin calls and representations to the company’s outside auditor; the matter proceeded through extensive dispositive and evidentiary proceedings, a jury trial and post-trial motions
  • Securities and Exchange Commission v. Thomas H. Laws, No. 18-cv-01063-JB-SCY (D.N.M. filed Nov. 15, 2018), and Securities and Exchange Commission v. Frank G. Mueller, No. 1:20-cv-00984-JB-JHR (D.N.M. filed Sept. 25, 2020): Handled related SEC enforcement proceedings involving allegations that investor funds were misappropriated from Santa Fe Gold Corporation and that false or misleading information was included in public-company filings and representations to the company’s independent auditor
  • SFF-TIR, LLC v. Stephenson, 250 F. Supp. 3d 856 (N.D. Okla. 2017): Decided cross-motions for summary judgment involving allegations that former directors and controlling shareholders violated federal and state securities laws and committed breaches of fiduciary duty and unjust enrichment

Honors, Memberships & Professional Activities

Honors, Memberships & Professional Activities

  • Appointed by Chief Justice John G. Roberts Jr. to two terms on the Judicial Conference Committee on the Administration of the Bankruptcy System
  • Served on the committee’s Judgeships Subcommittee and a cost-containment working group addressing court staffing, compensation and salary progression
  • Appointed to the Dodd-Frank Study Working Group and served as its chair from 2012 to 2013; the working group prepared the federal judiciary report required by the Dodd-Frank Wall Street Reform and Consumer Protection Act
  • Appointed to the Judicial Conference Committee on Codes of Conduct
  • Served as the District of New Mexico’s representative to the Tenth Circuit Judicial Council and on its Magistrate Judge Committee
  • Served as chair of the New Mexico Sentencing Guidelines Commission
  • Named Outstanding Federal Jurist by the New Mexico Chapter of the American Board of Trial Advocates in 2009 and 2013
  • Named Outstanding Judge by the Albuquerque Bar Association in 2011
  • Served as an adjunct professor at the University of New Mexico School of Law, teaching Church and State, and participated as a lecturer and moot court judge
  • Received honorary Doctor of Laws degrees from Pepperdine University and Lubbock Christian University

Background & Education

Background & Education

  • United States District Judge, U.S. District Court for the District of New Mexico, 2003–2026
    • Assumed senior status Feb. 1, 2026
  • Partner and Co-Founder; Browning & Peifer, P.A. (now Peifer, Hanson, Mullins & Baker, P.A.); 1990–2003
  • Director; Rodey, Dickason, Sloan, Akin & Robb, P.A.; 1988–1990
  • Deputy Attorney General, State of New Mexico, 1987–1988
  • Associate; Rodey, Dickason, Sloan, Akin & Robb, P.A.; 1983–1987
  • Law Clerk to the Hon. Lewis F. Powell Jr., Associate Justice, Supreme Court of the United States, 1982–1983
  • Law Clerk to the Hon. Collins J. Seitz, Chief Judge, U.S. Court of Appeals for the Third Circuit, 1981–1982
  • J.D., University of Virginia School of Law, 1981
    • Editor-in-Chief, Virginia Law Review
    • Order of the Coif
    • Margaret G. Hyde Award
  • B.A., magna cum laude, Yale University, 1978

Locations

Home Office

  • Dallas, TX

Available to Travel To

  • Atlanta, GA
  • Austin, TX
  • Boca Raton, FL
  • Boston, MA
  • Century City, CA
  • Chicago, IL
  • Detroit, MI
  • Houston, TX
  • Inland Empire, CA
  • Las Vegas, NV
  • Los Angeles, CA
  • Miami, FL
  • Minneapolis, MN
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Sacramento, CA
  • San Diego, CA
  • San Francisco, CA
  • Santa Rosa, CA
  • Seattle, WA
  • Silicon Valley, CA
  • St. Louis, MO
  • Walnut Creek, CA
  • Washington, DC

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