Articles Posted in Personal Injury

It can be very important for litigants asserting personal injury and wrongful death claims to have their day in court. Arbitration agreements can cut off the right of access. In a ruling in favor of a New Mexico skilled nursing facility, a federal district court recently upheld an arbitration agreement following the filing of a…

Though parties to personal injury litigation in American federal courts have broad discovery rights, certain materials are protected in the discovery process including those that are subject to the attorney-client and work product privileges. In a recent case, the United States District Court for the District of New Mexico granted in part a motion for…

The U.S. District Court for the District of New Mexico handed down a decision on January 3, 2019 in favor of a plaintiff who was seeking a recovery from her insurance company following a New Mexico car accident resulting in the plaintiff allegedly suffering personal injuries. The insurance company had argued that the plaintiff needed…

Defendants sued in state court in New Mexico personal injury cases will often prefer to litigate in federal court. Under some circumstances, defendants can successfully remove cases filed by plaintiffs in state court, thereby changing the plaintiffs’ chosen forum. But this is not always the case because federal courts are courts of limited jurisdiction. In…

Hedonic damages are a measure of damages recognized by New Mexico personal injury law. They are meant to provide compensation for the pleasure of being alive. Following a deadly collision between the driver of a motorcycle and the driver of a car, a New Mexico federal magistrate judge decided to admit qualitative expert testimony on…

A recent New Mexico federal court order (Arispe v. Allsup’s Convenience Stores, Inc.) instructed the parties before the court to engage in a settlement conference on December 14, 2018 at the federal courthouse in Roswell, New Mexico, and included multiple requirements. The order specifies what the parties are to do in a manner likely to…

The United States District Court for the District of New Mexico recently handed down an opinion dismissing claims by a New Mexico State Police trooper for failure to keep premises safe. The Court interpreted New Mexico’s “firefighter’s rule” as also applying to claims brought by law enforcement officers. The plaintiff had alleged as part of…

A U.S. Magistrate Judge recently ruled in favor of a plaintiff seeking discovery to aid his prosecution of a personal injury case. The plaintiff had sought to obtain certain information from the defendant Home Depot, including a response to an interrogatory posed to the defendant concerning prior customer claims for injuries that the stores allegedly…

In some cases, a person who brings a civil law suit can decide whether to assert claims under state law, federal law, or both. The decision comes with consequences because a defendant may prefer to defend the suit or seek its dismissal in state court under some circumstances, and federal court in others. In a…

Claims are subject to dismissal through summary judgment when a party can establish that there are no genuine issues of material fact with respect to the claims, and the claims cannot succeed as a matter of law. A summary judgment motion can seek the dismissal of a complaint in its entirety or be a partial…