The New Mexico Court of Appeals has affirmed in total a judgment totaling $1,673,308.80 for a Furth Law Firm client in a New Mexico Whistleblower Protection Act case.  The Furth Law Firm (along with co-counsel Dixon Scholl Carrillo), obtained a verdict and judgment after a seven day jury trial.  Defendant ... Continue Reading

Aug 23rd, 2017 By: Paul Hibner
Topics: General Blog

We are investigating this issue.  If you or someone you know used Johnson & Johnson talcum powder and suffered injuries from doing so, please contact our firm at 575-522-3996.

The NMHRA has prohibited discriminatory practices by employers and their agents since 1969.[1] Among other things, the NMHRA makes it unlawful for an employer to discriminate in terms of hiring, firing, promotion, demotion, compensation, terms, conditions, or privileges of employment against any person due to their membership in a protected ... 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

May 7th, 2014 By: Paul Hibner
Topics: New Mexico Tort Claims Act

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

Apr 30th, 2014 By: Paul Hibner
Topics: Loss of Consortium In New Mexico

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

Apr 7th, 2014 By: Paul Hibner
Topics: New Mexico Tort Claims Act

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

Whether a worker is an employer or an independent contractor is determined by several factors.

The United States Internal Revenue Service (“IRS”) provides a test to determine whether a worker is an independent contractor or an employee. The IRS test involves several factors including, inter alia;

1.         whether the business has retained ... Continue Reading

Federal Rule of Civil Procedure 27

            We represent an insured whose insurance company attempted to seek discovery against clients in a lawsuit the insurance company described as “impending.” The insurance company filed a Petition under Rule 27 of the Federal Rules of Procedure. 

            Rule 27(a)(1) of the Federal Rules of ... Continue Reading


New Mexico, like most states, recognizes that statements made in connection with litigation are privileged from most tort claims. For the litigation privilege to apply, however, the statement must be reasonably related to the litigation, and must be made to achieve the objects of the litigation. See Stryker ... Continue Reading

Mar 22nd, 2013 By: Paul Hibner
Topics: American Bar Association Article


According to an article on the American Bar Association’s website, a new study of employment discrimination cases found:

African-Americans are 2.5 times more likely than white plaintiffs to file employment discrimination claims pro se, according to the study (PDF) by the American ... Continue Reading


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

Jun 20th, 2012 By: Paul Hibner
Topics: Arbitration Agreements, General Blog

Workplace discrimination claims are often governed by arbitration agreements, and employers are quick to compel their enforcement in federal court.

Employees fear arbitration will be cost prohibitive and deprive them of significant rights, including a jury trial. Employers believe arbitration is a quicker more efficient way to resolve discrimination cases. Although ... Continue Reading