El Paso

221 N. Kansas, Suite 1700
El Paso, TX 79901
Phone: 915.533.4424
Fax: 915.546.5360

Austin

1301 Nueces St., Suite 100, 
Austin, TX 78701
Phone: 512.320.5466
Fax: 512.320.5431

Las Cruces

4131 Camino Coyote, Suite B
Las Cruces, NM 88011
Phone: 575.527.0023
Fax: 915.546.5360

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Email: cody.rogers@kempsmith.com
Telephone: / Fax: 915.546.5360
Overview

Cody R. Rogers is a partner in the firm's Trial department.  Cody has been practicing in New Mexico state and federal courts since 2006, and is admitted to the State Bar of New Mexico, the United States District Court for the District of New Mexico, and the Tenth Circuit Court of Appeals. She represents clients in all stages of litigation, trials, and appeals. She has tried numerous cases to verdict in state and federal court, in both jury and bench trials. Cody also represents clients in administrative and regulatory proceedings in New Mexico. She serves as a hearing officer for personnel matters and conducts employment and other investigations for private businesses and government entities. She also advises clients on employment matters and provides employee training on employment law topics, and writes and revises employee handbooks, policy manuals and personnel ordinances.

REPRESENTATIVE EXPERIENCE

Obtained summary judgment for physician who provided medical care to inmate with degenerative spinal condition allegedly worsened due to incarceration

Obtained defense verdict in trial involving allegations of negligent operation of a public gas utility resulting in explosion that caused severe burns to property occupants

Successfully defended judgment as a matter of law entered at trial in favor of physician, arguing that plaintiff’s medical expert did not offer sufficient testimony that physician breached the standard of care.

Obtained federal appellate ruling reversing district court’s denial of summary judgment based on qualified immunity in case involving allegations of racial profiling by law enforcement officers.

In class action suit by former nursing students after nursing college lost its accreditation, obtained Court of Appeals reversal of district court order denying summary judgment on grounds that student handbook was a not binding written contact.

Obtained defense verdict on behalf of physician in medical malpractice claim alleging physician forced rehabilitation patient to perform exercises, resulting in fall, fracture and death. 

RECOGNITIONS/AWARDS

Cody serves on several commissions, boards and judicial selection panels. She is a past President and Board Member of the New Mexico Defense Lawyers Association and received its 2011 Young Lawyer of the Year award. She teaches continuing legal education seminars on a variety of topics.

Cody is a native New Mexican, and lives in Las Cruces. She enjoys New Mexico’s spectacular outdoor scene, camping, hiking and backpacking throughout the state. For reasons that become less clear every year, she is a lifelong Denver Broncos fan.

Southwest Super Lawyers, 2023- present

Southwest Super Lawyers, Rising Stars, 2014-2022

Best Lawyers-Employment Law, 2023 to present

New Mexico Defense Lawyers Association Outstanding Young Lawyer of the Year, 2011

Credentials

EDUCATION

  • University of New Mexico School of Law, J.D., magna cum laude, Order of the Coif, 2006
  • New Mexico State University, B.A. in Psychology, with honors, 2003

BAR & COURT ADMISSIONS

  • New Mexico, 2006
  • State Bar of New Mexico
  • United States District Court, District of New Mexico
  • United States Court of Appeals, Tenth Circuit