Month / March 2010

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…

“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…

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…

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…

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…

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…

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…

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…