Blogs' from 2014
Under New Mexico’s Tort Claims Act, the government is generally immune from tort claims while acting in the scope of public duty. See NMSA 1978 § 41-4-4 (1978). Immunity is waived, however, when plaintiff’s damage iscaused: (1) by a public employee’s negligence; (2) acting within the scope of their duties; ... Continue Reading
The government’s sovereign immunity is waived when plaintiff’s injury is caused by a public employee’s negligence in the maintenance of roadways, streets, sidewalks, or highways. NMSA § 41-4-11(A). Immunity can be waived by, inter alia, failing to build or maintain fences along highways, failing to post “Wrong Way” or “Do ... Continue Reading
To bring a tenable loss of consortium claim, a plaintiff must show: 1) a sufficiently close relationship with the injured party and, 2) plaintiff’s distress was foreseeable. Wachocki v. Bernalillo County Sheriff's Dep't, 2011-NMSC-039, ¶5.
Several factors are relevant in determining whether a sufficiently close relationship existed to bring a loss ... Continue Reading
New Mexico has a specific statute allowing for liability against parents for the malicious or willful acts of their children. See NMSA § 32A-2-27.
Under NMSA § 32A-2-27(A):
Any person may recover damages not to exceed four thousand dollars ($4,000) in a civil action in a court or tribunal of competent ... Continue Reading
SubscribeArbitration Agreements
Bankruptcy Exceptions
Court of Appeals Affirms Furth Law Firm Verdict
False Light Invasion of Privacy
Federal Rule of Civil Procedure 27
General Blog
General Blogs
History and Purpose of the NMHRA
Independent Contractor Versus Employee Classification
Las Cruces Settles Three Wrongful Termination Lawsuits
Loss of Consortium In New Mexico
Malicious Abuse of Process and The Litigation Privilege
New Investigation Into Costco Tiffany Rings
New Mexico Tort Claims Act
Parental Liability For Torts Of Minor Children
Retaliatory Discharge
Rule 1-011
