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