Experienced Plaintiffs & Criminal Litigation Attorney
Resume:
Philip “Felipe” Downey
P.O. Box ***
Sandia Park, NM 87047
*************@*****.***
www.downeyjustice.com
Bar Admissions
Admitted to practice in New Mexico, New Jersey & Pennsylvania, USDC NJ, USDC ED Pa, USDC MD Pa, USDC Nebraska, USDC Kansas, USDC NM EXPERIENCED CIVIL & CRIMINAL ATTORNEY WITH A PROVEN RECORD OF SUCCESS
Philip “Felipe” A. Downey, Esq.
The Downey Law Firm, LLC
10-01-2001 - Present (except for 09/2023-09/2024, see infra) I Built a practice which was started with no clients into a national wage & hour class action practice, and regional PI firm.
Parnall Law
Albuquerque, NM Office
09-01-2023 - 09/24/2024
Litigation Associate
I took over management of approximately 300 cases and quickly moved many dormant cases to settlement. I settled several cases in 2023-2024 for exponentially more than their previously estimated value and for exponentially more than medical bills.
RECENT ACHIEVEMENTS
Civil Litigation:
• 2026: I settled several New Mexico MVA cases, including: an MVA case resulting in a slap tear, for policy limits of $100,000; a partial rotator cuff tear case for $175,000; an MVA case involving a wrist injury, by arguing that the De Quervain’s tenosynovitis and structural wrist pathology, was not degenerative (which it usually is), but rather trauma related and that said injury would prevent my client from working as a card dealer.
• 2025: In a conservative jurisdiction, I Settled a Pennsylvania MVA case involving a full thickness rotator cuff tear for $265,000 by arguing that sixty-year-old semi-literate in Spanish, who could not speak English, Mexican migrant, would never work again as a dry wall hanger and was unemployable. Between liability and UIM policy there was at most $300,000 available.
• 2025: I Took over a New Jersey slip & fall case, involving soft tissue injuries, against hotel, with prior settlement offer of $20,000, and settled for $200,000 within, approximately one month of taking over the case.
• 2025: I Settled a New Jersey flood damage case for $485,000 against PSE&G, et al involving destruction of clients’ home. I met with clients and studied scene of flood and came up with case theory as to how flooding occurred, and the responsibility of Defendants for having failed to properly secure a temporary roadway which washed away into the Neshanic River during Hurricane Ida and dammed up the underpass of a low bridge. For several years defendants argued that Plaintiffs’ damages were caused by
“the storm of the century”, Hurricane Ida (approximately 10 inches of rain in less than 24 hours). Numerous depositions and informal discovery uncovered evidence needed to persuade Defendants that rain alone did not result in the home of the plaintiffs being destroyed by flood waters.
• 2024: I Settled a Pennsylvania MVA for $307,500, in a very conservative county, on behalf of Spanish speaking migrants, with no punitive conduct at issue. Injuries were a full thickness rotator cuff tear and damage to the patella
• 2024: In a California wage & hour class action, that I co counselled with the Parris Firm of Lancaster, California, Vasquez, et al v. Leprino Foods (USDC ED Ca: 1:17-cv- 00796-JLT-BAM) settled for $3,500,000.
• 2024: In a New Mexico dog bite case involving a minor, with no visible scarring outside of small bite mark on buttock, and with only approximately $5,000 in medical bills, I was able to settle for $80,000.
• 2024: I settled a New Mexico MVA case (mother and two minor daughters) with minimal treatment for $250,000 dollars by alleging and persuading the adjuster that the conduct at issue merited punitive damages.
• 2021: In the California class action case of Negrete, et al v. ConAgra brands, et al,(USDC CD Ca: 2:16-cv-631-FMO-AJW) my firm assisted in obtaining a settlement of $18,500,000 in wage & hour class action settlement.
• 2021: In the California class action case of Pena, et al v. Taylor Fresh Foods (USDC ND Ca: 5:11-cv-06224-PSG), in conjunction with Parris Firm, after almost ten years of litigation in case defended by Gibson Dunn, obtained final approval of a wage & hour class action settlement of $5.3 million dollars in the USDC E.D. Ca.
• 2020: In a Pennsylvania TBI case, Elias Gonzalez v. Seashore Fruit & Produce (USDC ED Pa 2:18-cv-02397-MSG) I, along with co-counsel, Tony Baratta, obtained a settlement of $2,500,000. (Elias Gonzalez has been my client since 2001 on various matters. I have represented his family members across the USA on various matters.)
Civil Appellate Work
• 2023: I researched, authored and argued an appeal in the California 5th District Court of Appeal, Zepeda, et al v. Wonderful Citrus Packing, LLC, (Case No. F080661)., reversing, in part, the trial court’s denial of class certification and reversing the entirety of the trial court’s orders of summary judgement which had dismissed claims under the California Labor Code Private Attorney General’s Act §2698. Order (non-published) entered on August 9, 2023. To observe 30 minute argument, see, https://jcc.granicus.com/player/clip/3915?view_id=32&redirect=true&h=aa81818 ba2c0c7d30698e076b4f506ce).
Criminal Litigation
I have represented dozens of individuals on misdemeanour and felony matters. I have successfully had cases dismissed pre-trial and/or plea bargained down felony to misdemeanour pleas. Recent work includes, inter alia, the following matters.
Trial
• On a pro bono basis in May 2022, I tried a 2-day criminal jury trial to verdict in the Northampton County, Pa C.C.P. I agreed to handle the case pro bono on behalf of a indigent defendant as a result of the egregious police misconduct involved.
Criminal Appeal
• On a pro bono basis Researched, drafted and argued appeal concerning failure of court to suppress evidence under “Fruit of the Poisonous Tree” doctrine. Commonwealth of Pennsylvania v. Hero (2169 EDA 2022).
PUBLISHED OPINIONS
Talavera v. Leprino Foods Company, USDC E.D. Ca Case No. 1:15-cv-105-AWI- BAM March 2016 After learning that defendant corporation was engaging in coercive tactics to dissuade current workers from cooperating with discovery/investigation, I filed and prevailed on motion for corrective notice, requiring employer to publish notice throughout manufacturing plant, informing employees that they could cooperate with attorneys for the putative class without fear of being charged with perjury.
Pena, et al v. Taylor Farms Pacific USDC Ed Ca 2:13–cv–01282–KJM–AC February 2015. Achieved class certification in hotly contested wage & hour case defended by Gibson Dunn. The case was removed by Gibson from San Joaquin County California Superior Court in June 2013. Thereafter, Gibson moved the court to require immediate certification.
Lugo, et al v. Farms Pride, Inc. Pa Superior Court 2009 (PA Super 5, 967 A.2d 963 (2009) Established as a matter of law, inter alia, that donning and doffing of required PPE is a “work activity” compensable under the Pennsylvania Minimum Wage Act, 43 P.S.§ 333.101 et seq,.
Progressive Halcyon Insurance Co. v. Kennedy Superior Court of PA (2006 PA Super 262) September 2006 Filed brief as, amicus curiae, on behalf of Pennsylvania Trial Lawyers Association, to protect full tort status of appellee whom Progressive claimed should be deemed to be limited.
Education
Graduate
Gerry Spence Method Grad Program
Dubois, WY August 2026
Graduate
Gerry Spence Method (3 week program)
Dubois, WY August 2025
Graduate
Rick Friedman's (author of “Rules of The Road”) Ethos Seminar - Seattle, WA November, 2019
Fellow in Trial Advocacy
Temple Academy of Advocacy
Philadelphia, PA
J.D.
DePaul College of Law
May 1996
B.A. (East Asian Studies with emphasis on Japanese language and culture) Wittenberg University June 1989.
Languages
• Spanish (near fluent)
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