A recent ruling by the U.S. District Court for the District of New Mexico dismissed the plaintiffs' claims under the U.S. Constitution and the New Mexico Tort Claims Act as untimely. In arriving at its conclusion that the claims were untimely, the court considered...
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Torts
New Mexico Federal Trial Court Enters Default Judgment Against Defendant Who Does Not Respond to Complaint
Sometimes plaintiffs in New Mexico civil cases win their cases after proceeding to trial. A recent ruling shows that a win can also be had by default when the defendant is non-responsive to service of process. The plaintiffs in the case were migrant workers, who...
Lawsuit Against Mayor and City of Albuquerque Over Catch and Release of Feral Cats Dismissed
A recent ruling by the U.S. District Court for the District of New Mexico reflects some of the challenges plaintiffs can encounter when naming a city and its mayor as defendants in a federal complaint seeking recourse for allegedly injurious conditions. Last November...
New Mexico Federal Court Denies Motion to Dismiss Injured Parties’ Claims Based on Statute of Limitations
The U.S. District Court for the District of New Mexico recently denied a dismissal motion filed on behalf of defendants including the Santa Fe Public Schools. The plaintiffs had brought a lawsuit in state court based on alleged sexual abuse by their fourth grade...
Federal Trial Court Rules that Res Ipsa Loquitur Cause of Action Fails to State a Claim Upon Which Relief May Be Granted Under New Mexico Law
The United States District Court for the District of New Mexico recently granted a motion to dismiss a cause of action that had been asserted by plaintiffs under the doctrine of res ipsa loquitur. Res ipsa loquitur is recognized in common law jurisdictions including...
Arbitration Agreement Cuts Off New Mexico Personal Injury Case
Personal injury lawsuits brought in New Mexico typically proceed on the basis that they will be heard by a jury. Recently a New Mexico federal court granted a motion to compel arbitration brought by a defendant and stayed the plaintiffs' personal injury lawsuit...
New Mexico Skilled Nursing Facility Sued for Wrongful Death Successfully Invokes Arbitration Agreement
It can be very important for litigants asserting personal injury and wrongful death claims to have their day in court. Arbitration agreements can cut off the right of access. In a ruling in favor of a New Mexico skilled nursing facility, a federal district court...
New Mexico Federal Trial Court Orders Settlement Conference and Specifies Requirements
A recent New Mexico federal court order (Arispe v. Allsup's Convenience Stores, Inc.) instructed the parties before the court to engage in a settlement conference on December 14, 2018 at the federal courthouse in Roswell, New Mexico, and included multiple...
New Mexico Federal Court Interprets the “Firefighter’s Rule” as Precluding Suit By a New Mexico State Trooper
The United States District Court for the District of New Mexico recently handed down an opinion dismissing claims by a New Mexico State Police trooper for failure to keep premises safe. The Court interpreted New Mexico's "firefighter's rule" as also applying to...
Court of Appeals of New Mexico Affirms Denial of Defendants’ Motions to Dismiss Personal Injury Case
A terrible New Mexico car accident occurred when a tire tread peeled off the right rear tire of a 1993 Ford E-350 Super Club Wagon traveling on U.S. Highway 54 in Guadalupe County, New Mexico. The vehicle, which was en route from Mexico to Colorado, left the road and...