Articles Posted in Litigation

In a recent ruling, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a putative class action brought by plaintiffs seeking to challenge bills for medical services. Allegedly the plaintiffs received medical services at a medical center in New Mexico and were charged unreasonable and excessive fees. They brought a complaint…

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 and rejected the plaintiffs’ arguments under the continuing violations doctrine. The…

In a recent case, the Chief Magistrate Judge for the U.S. District Court for the District of New Mexico reviewed the terms of a personal injury settlement. The review was on behalf of minors, two children whose father was killed in a car accident, to determine if the settlement should be approved. Allegedly the minors’…

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 filed a complaint with the United States District Court for…

The Court of Appeals of New Mexico recently reversed the dismissal of a personal injury case brought by the parents of a child who had been injured in a school-sponsored sports program. The parents alleged that, when their son was 12 years old and a student at a New Mexico middle school, he joined the…

The United States District Court for the District of New Mexico recently handed down an opinion dismissing a claim for punitive damages brought in connection with a personal injury case. The plaintiffs had filed a complaint against the defendant’s insurer after a trial in which the plaintiffs had prevailed. The plaintiffs brought their post-trial complaint…

The United States District Court for the District of New Mexico has handed down a ruling denying a motion to dismiss a New Mexico personal injury complaint alleging claims under the Federal Tort Claims Act. The court rejected the defendant’s contention that a waiver signed by the plaintiff should result in the dismissal of her…