Month / March 2010
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Medicaid Liens: What is the Obligation in a Personal Injury Settlement?
Medicaid liens can cause significant financial complications following settlement of a personal injury lawsuit. There are significant penalties for failure to properly account for those liens out of settlement funds. It is…
March 30, 2010 -
Yelling “Freeze” Constitutes a Seizure Under the 4th Amendment
“Freeze” is not something you want to hear from a police officer. The command will send a chill through most reasonable people. That is exactly why it is considered a seizure under…
March 30, 2010 -
No Common Law Marriage in New Mexico
Unlike some other states, New Mexico does not recognize common law marriage. Thus, there is no need for a divorce action when the parties separate. However, there may still remain issues related…
March 30, 2010 -
Ongoing Illegal Strip Searches Lead to Class Action Settlement
It was reported this week in the New York Times that New York City has agreed to a class action settlement in the amount of $33 million for individuals subjected to illegal…
March 29, 2010 -
Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
As promised in my last post, I will set forth the issues of import for uninsured/underinsured motorist coverage in New Mexico addressed in Salaz v. Mountain States Mutual Casualty Company. The case…
March 26, 2010 -
Speedy Trial Rights Stumble Up from the Mat: Oral Rulings Will Not Extend the Rule in New Mexico
A bench warrant will typically toll the running of the 6 month speedy trial rule under the 6th Amendment. The time during which a defendant has absconded from the court will not…
March 24, 2010 -
Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico
The case of Salaz v. Mountain States Mutual Casualty Company was filed in the New Mexico Supreme Court in early 2009. As such, this is not exactly a timely post but it…
March 23, 2010 -
The Servicemembers Civil Relief Act and Your Family Law Case
The Servicemembers Civil Relief Act was enacted by Congress to protect members of the armed forces from having to defend against civil suits while on active duty. Given that it is a…
March 23, 2010 -
New Mexico Court Addresses Knock & Announce Rule in the Execution of Search Warrants
The New Mexico Court of Appeals addressed the knock and announce rule in the recent case of State v. Gonzales. It is well established in New Mexico that law enforcement must first…
March 22, 2010 -
Gross Medical Negligence Leads to Death of Child in MRI Chamber
When you Google MRI Risk, MRI Dangers, and so on, the results for the most part indicate that there are no risks. Yet despite the apparent absence of risks of an MRI,…
March 22, 2010
Recent Posts
- Centurion Presence Coincidental In New Mexico Prison and Jail Deaths?
- Prison and Jail Medical Neglect Lawsuits filed by Collins & Collins, P.C.
- Centurion Out as Medical Provider for Metropolitan Detention Center
- Venue for New Mexico Civil Rights Act Lawsuits: Home Court Advantage for Counties is Over
- The Difference between the 5th and 6th Amendment Right to Counsel
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