Blog

 

According to the Chicago Tribune's website, Tiffany & Co. is suing Costco Wholesale Corp. to stop the largest U.S. warehouse club chain from selling what it termed counterfeit diamond engagement rings bearing the luxury retailer's name. According to the article posted January 15th, 2013, Tiffany said it believes hundreds, if not thousands, ... Continue Reading
Jan 17th, 2013 By: Paul Hibner
Topics: Bankruptcy Exceptions

 

Under the Bankruptcy Code, a debtor may discharge several types of debt through bankruptcy. Under certain circumstances, however, a creditor may have a debt owed to him excepted from discharge, and the debtor will remain liable to pay said debt. For example, a debt may be excepted from discharge if ... Continue Reading

False Light Invasion of Privacy

A plaintiff in New Mexico who has been given publicity casting him/her in a false light may have a cause of action against a defendant, even if no defamation occurred. Below, the tort of false light invasion of privacy is examined.

To state a claim for false ... Continue Reading

Dec 18th, 2012 By: Paul Hibner
Topics: General Blog, Rule 1-011

Motions, pleadings, and other filings in New Mexico must satisfy the requirements of Rule 1-011. Essentially, Rule 1-011 provides by presenting any writing to a court, an attorney is certifying to the best of his/her knowledge, after conducting a reasonable inquiry, the writing is not frivolous and the factual and ... Continue Reading

Jun 24th, 2012 By: Paul Hibner
Topics: General Blog, Retaliatory Discharge

The tort of retaliatory discharge has been around for decades in New Mexico.

Suprisingly however, little guidance for New Mexico practitioners exists on acceptable methods of proving circumstantial cases alleging an employer discharged an employee in violation of public policy. Claims of retaliation under federal statute such as Title VII and ... Continue Reading