Posts
Abogados de Albuquerque
- ¿En Casa Para Las Fiestas Navideñas? No Es Tan Simple Para Hijos de Divorcio
- ¿Que Puedo Hacer para Regresar a Casa Despues de Enfrentar Cargos por Violencia Domestica?
- ¿Qué Significa una Carta de Protección en un Caso de Accidente de Automóvil?
- Accidentes de Camiones de Carga
- Accidentes de Camiones se Encuentran con Negación de Responsabilidad
- Accidentes de Camiones: Presente una Demanda, Haga Preguntas Después
- Cargo Civil por Violencia Doméstica v. Penal en Nuevo México
- Cesáreas: Una Herramienta Esencial en Prevención de Parálisis Cerebral
- Completa Indiferencia e Incompetencia en el NMCD Pone en Peligro a los Nuevos Mexicanos
- Conducir Demasiado Rápido para las Condiciones como Causa Frecuente de Accidentes de Camiones
- Conducta Cumulativa e Daños Punitivos en Casos de Negligencia Médica en Nuevo México
- Consecuencias Migratorias
- Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- Despido Condicional de sus Cargos No le Limpia su Historial Criminal en Nuevo México
- DWI Durante Días Festivos – No vale la pena!
- El Congreso Ignora los Peligros de las Horas de Transporte Excesivas
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- El Uso de Drogas es a menudo un Factor en los Accidentes de Camiones
- En Casa para las Fiestas Decembrinas? No tan fácil para los Hijos de Padres Divorciados
- Estatuto de Limitaciones en Demandas por Conductores con Seguro con Cobertura Limitada
- Evaluación de Casos de Accidentes Automovilísticos y de Camiones
- Expiación de Delitos-Expungement
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- Inmigrantes Detenidos: Nuevo Puerquito para Contratistas Privados de Cárceles
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- La Epidemia de Osteomielitis en las Prisiones de Nuevo México Indica Negligencia Médica
- La Época Navideña: Incrementan Las Probabilidades de DWI y Abuso Infantil en Nuevo Mexico
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- La Fatiga es una Causa Frecuente de Accidentes de Camión
- Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
- Levantar la Orden de No-Contacto por Violencia Domestica No es Tan Fácil Como se lo Imagina
- Los Dueños de Casa, Vacaciones y Perros
- Los Horarios de Vacaciones en Días Festivos no Deben ser Pasados por Alto en Los Planes de Crianza en Nuevo México
- Los Inmigrantes Indocumentados y Reclamos de Negligencia Médica
- Negligencia Comparativa
- Preguntas Frecuentes: Custodia de Menores y Tiempo Compartido en Nuevo México
- Que puede suceder si yo violo una orden de no contacto?
- Que puede suceder si yo violo una orden de no contacto?
- Reclamación por Lesiones Personales en Accidentes de Auto Causados por DWI
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Reclamaciones Legales por Mala fe o Denuncia Maliciosa de Abuso Infantil
- Reclamos por Accidentes de Transporte “Ride-Hailing”
- Requisas Personales Ilegales en las Prisiones de Nuevo Mexico
- Sanciones Por Violación de una Orden de Protección contra Abuso Doméstico
- Somnolencia Causa Significativa de Accidentes de Camiones
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Tortura Médica en las Prisiones de Nuevo México
- Trastorno de Estrés Postraumático (TEPT)
- Viajes Durante Días Festivos a Menudo resulta en Disputas de Custodia y Tiempo Compartido
- Violación de la Custodia del Menor Durante las Fiestas Decembrinas tiene Graves Consecuencias
- Violencia Doméstica Como Felonía: Asalto Agravado en Contra de un Miembro de Familia
Accidentes Automovilísticos
- ¿Qué Significa una Carta de Protección en un Caso de Accidente de Automóvil?
- Accidentes de Camiones: Presente una Demanda, Haga Preguntas Después
- Conducir Demasiado Rápido para las Condiciones como Causa Frecuente de Accidentes de Camiones
- Estatuto de Limitaciones en Demandas por Conductores con Seguro con Cobertura Limitada
- Evaluación de Casos de Accidentes Automovilísticos y de Camiones
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- Reclamación por Lesiones Personales en Accidentes de Auto Causados por DWI
- Reclamos por Accidentes de Transporte “Ride-Hailing”
Accidentes de Camiones
- Accidentes de Camiones se Encuentran con Negación de Responsabilidad
- Conducir Demasiado Rápido para las Condiciones como Causa Frecuente de Accidentes de Camiones
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- El Congreso Ignora los Peligros de las Horas de Transporte Excesivas
- El Uso de Drogas es a menudo un Factor en los Accidentes de Camiones
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- La Fatiga es una Causa Frecuente de Accidentes de Camión
- Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
- Somnolencia Causa Significativa de Accidentes de Camiones
Albuquerque Criminal Lawyer Blog
- “At the Scene” in Domestic Violence Construed Broadly in New Mexico
- “Knock and Announce Rule” Requires Reasonable Wait in New Mexico
- 10 Good Reasons Not to Drink & Drive in New Mexico
- 10 Things NOT to do During a Child Custody Exchange
- 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 1
- 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 2
- 10th Circuit Holds Common Drug Dealer Does Not Make a Conspiracy
- 10th Circuit Places Burden on State to Justify Trial Delays
- 4th Amendment Privacy Shrinking with Technology
- 4th Amendment Rights Limited for Probationers and Parolees
- 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- 6th Amendment Confrontation Rights Take a Blow in the 10th Circuit
- A New Mexico Order Of Protection is Only Effective If Consistently Enforced
- A Surprising Source of Reason in the Marijuana Debate
- A Taste of Arizona in the 10th Circuit
- A Woman‘s Purse and its Contents Protected from Search
- Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce
- Albuquerque and New Mexico Slow to Adopt Trend Toward Decriminalization of Marijuana
- Albuquerque Court Takes the Driving out of Driving While Intoxicated
- Alcohol, Stress and Emotions Can be a Costly Mix During the Holidays
- Anonymous Hearsay, Without Evidence of Truthfulness, Cannot Constitute Probable Cause for a Warrant
- Arizona Style Immigration Enforcement: New Mexico Beware!
- Armed Forces Eligibility Consequences of Criminal Convictions
- Attention Mall Shoppers! The 4th Amendment Does Not Apply Here
- ATV‘ing While Intoxicated = DWI in New Mexico
- Bail Bond Companies are Worth the Costs for Most
- Being in Jail May Not Mean Being in Custody Under New Supreme Court Ruling
- Blanket Employer Discrimination for Arrest Record (v. Conviction) Violates Title VII
- Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond
- Border Stories: Facts and Fictions
- Breath & Blood Alcohol Testing Under the New Mexico Implied Consent Act
- Breath Test Admissability Requirements in New Mexico
- Budgetary Realities May Force Changes In Albuquerque‘s Flawed DWI/DUI Enforcement
- Burden on State to Fully Establish Foundation for Admission of Breath Alcohol Test Results
- Cell Phone GPS Tracking by Law Enforcement and Your Privacy Rights
- Character Evidence and Self-Defense in New Mexico
- Child Custody and Timesharing in Domestic Violence Actions
- Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties
- Collateral Employment Consequences of Criminal Convictions
- Conditional Discharge Does Not Clean the Slate in New Mexico
- Conditions of Release on Domestic Violence Charges in Albuquerque
- Confidential Informants & Probable Cause for Warrant to Search of Home in New Mexico
- Confrontation And Victim Identifications
- Confrontation Clause Requires In Court Testimony of Analyst in Drug Cases
- Confrontation Rights Fully Apply to State‘s Forensic Experts
- Consent by a Minor to Warrantless Search in New Mexico
- Consent to Police Search Must be Voluntary
- Consequences of a Domestic Violence Order of Protection Under the New Mexico Family Violence Protection Act
- Consequences of a Finding of Domestic Violence in Family Court
- Constitutional Amendment for Marijuana Legalization in New Mexico – Good News, Bad News?
- Control of Vehicle and Intent to Drive Must be Proven in New Mexico DWI: Competing Theories Must Both be Sound
- Counter-Petition for Order of Protection from Domestic Violence
- Courts Continue Assault on the Rights Against Unlawful Search & Seizure
- Crackdown on DWI Continues in New Mexico With Increasing Penalties for Probation Violations
- Criminal Confessions and Miranda Warnings in New Mexico
- Criminal Statutes to be Read With Common Sense – Ice and Water Insufficient for Criminal Charges in New Mexico
- Criminal v. Civil Domestic Violence Charges in New Mexico
- Current State of Marijuana Laws in New Mexico: Many Paths to Jail Remain!
- Deadly Weapon Charges May Rely on Intent
- Defendant‘s Rights to Present Evidence at Grand Jury Extremely Limited
- Defendants Have the Right to Pretrial Interview of State‘s Expert Witnesses But…
- Defense Expert Testimony on Reliability of Intoxilyzer Allowed in New Mexico
- Deportation on Minor Marijuana Possession Before Supreme Court
- Deporting Immigrants on Marijuana Possession Strains Public Resources
- Divided Attention Testing in a New Mexico DWI Investigation
- Divorce, Hostile Shared Residence and Domestic Violence
- Do Minors Have Broader Rights Under the 4th Amendment Than Adults?
- Domestic Abusers May Seek Control through Child Custody
- Domestic Violence Calls in New Mexico: Someone is Going to Jail
- Domestic Violence Charges Challenging for Military Personnel
- Domestic Violence Early Intervention Programs in New Mexico
- Domestic Violence Immigration Consequences
- Domestic Violence Orders of Protection Under New Mexico‘s Family Violence Protection Act
- Double Jeopardy and Trial De Novo from New Mexico Magistrate Court
- Double Jeopardy Issue Addressed in New Mexico Habitual Sentencing Case
- Drinking + Driving + Kids = Felony Child Abuse
- Driver’s License Revocation Almost Certain with DWI Arrest in New Mexico
- Driving Behavior and Alcohol Impairment ( or “Officer Why was I Stopped?”)
- Driving Under the Influence of Marijuana (or Other Drugs) in New Mexico
- Dropping the Petition for Order of Protection from Domestic Abuse
- Drug Dealer Liability for Death: Contributing v. “But For” Causation
- Drug Sniffing Dogs and the 4th Amendment
- DWI Accidents and Child Abuse in New Mexico
- DWI During the Holidays – It’s Not Worth It!
- DWI Expert Attack on Breath Alcohol Scores Now Severely Limited in New Mexico
- DWI Officers Must Strictly Follow Guidelines in Breath Alcohol Testing
- DWI Passenger Held Accountable for Vehicular Homicide
- DWI Quotas for Albuquerque Police Lead to Below the Limits Arrests
- DWI Roadblocks Growing in Frequency in New Mexico and are Difficult to Challenge
- DWI Without Driving: Passenger Liability for DWI!
- DWI/DUI Charges Said to Jeopardize Vehicular Homicide Charges in High Profile New Mexico Cases
- DWI/DUI Hotspots: Police to Use Mapping to Establish DWI/DUI Checkpoints
- DWI/DUI: License Revocation Under the New Mexico Implied Consent Act
- DWI/DUI: The True Standard in New Mexico is Impaired to the Slightest Degree
- Early DWI Case Deadlines and Consequences for Missing Them
- Efficiency No Grounds for Search & Seizure Exception
- English Language is No Prerequisite to Jury Service in New Mexico
- Evasion of DWI Checkpoint is a Basis for Investigatory Stop
- Even Innocent Violations of Orders of Protection Can Have Consequences in New Mexico
- Even Partial Closure of New Mexico Criminal Court Violates Right to Public Trial in Absence of Overriding Interests
- Evidence of Past Criminal History – Probably Not Admissable But Is It Harmless?
- Evidence Seized Under the Pretext of a Traffic Stop is Inadmissible
- Execution of a Warrant by Traffic Stop Does Not Violate Rule Against Pretextual Stops
- Expansion of Police Investigation Under the 4th Amendment in New Mexico
- Expectation of Privacy in Garbage in New Mexico Even in a Motel Dumpster!
- Expert Testimony on Drug Quantities: Possesion v. Trafficking
- Expungement of Criminal Records Now Possible in New Mexico
- Factors Leading to a Charge of Aggravated DWI in New Mexico
- Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
- Failure to Timely Appeal Probation Violations May Be Excused on Grounds of Ineffective Assistance Counsel
- FAQS: How Does the Use of Lapel Cameras By Police Officers Affect My Criminal Case?
- Federal Criminal Immigration Cases Reach Record High
- Felony Criminal Process: Pre-Indictment
- Felony Domestic Violence: Aggravated Assault Against a Household Member
- Felony Domestic Violence: False Imprisonment Charges Frequently Charged in New Mexico
- Felony Pre Prosecution Probation Programs in New Mexico
- Filing and Defending Domestic Violence Orders of Protection in New Mexico
- Firearm Sentencing Enhancement in New Mexico
- Firearms and Domestic Violence: A Toxic Mix
- First Steps in a Divorce Involving Domestic Violence
- First Time DWI: What to Expect in New Mexico?
- Forensic Testimony in New Mexico Drug Prosecutions
- Governor Richardson is Pushing Stricter DWI Penalties in New Mexico
- Graduation Parties and Alcohol: A Night to Remember
- Grand Jury Investigations: Ham Sandwiches Beware!
- Hang up the Phone: Miranda Does Not Apply to Voluntary Telephone Conversations with Police Officers
- High Conflict Divorce – What is It and How Do You Get There?
- Highway Peril: Beware of Civil Asset Seizure
- Hot Checks: Poor Bookkeeping is No Defense in New Mexico
- House Defunds DEA Medical Marijuana Raids – Progress But By No Means Enough!
- Immigration Consequences: Deportation for Minor New Mexico Criminal Offenses
- Immunity For Grand Jury Witnesses
- Improper Hearsay and the Value Goods in New Mexico Shoplifting Cases
- In An Increasingly Technical Age, There Is Still No Substitute for Face-to-face Confrontation of Witnesses
- Independent Blood Alcohol Testing Now Available 24/7 in Albuquerque Area
- Independent Blood Test in New Mexico DWI/DUI Cases
- Innocence Project Needs Your Support
- International Drug Policy Reform Conference To Be Held in Albuquerque
- Jailhouse Strip-Searches For Minor Offenses – Let the Abuses Commence!
- Judge Shopping by Prosecutor Not Allowed in New Mexico
- Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico
- Juvenile Criminal Probation in New Mexico
- Juvenile Drug Court: A Double Edged Sword!
- Legal Scope of Search Warrants Somewhat Elusive
- Legality of Computer Searches Determined by Scope of Warrant
- Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
- Legalization of Marijuana Picks Up Steam While Enforcement Stays the Course in New Mexico
- Lesser Included Offenses and Double Jeopardy
- Lifting the Domestic Violence No-Contact Order is Not as Clear Cut as One Might Imagine
- Limits of Opinion Testimony on DWI Breath Scores
- Looking Suspicious Does Not Alone Justify Search & Seizure in New Mexico
- Loss or Destruction of Evidence – 3 Prong Test for Dismissal of Criminal Charges
- Marijuana and Federal Student Loans
- Marijuana Legalization in New Mexico: One Step Forward, Two Steps Back!
- Marijuana Use Accepted – Possession of Marijuana is Still Aggressively Prosecuted
- Medical Grounds of Inadmissibility Redefined to Possibly Include DWI
- Medical Marijuana Use Comes With Many Restrictions in New Mexico
- Miranda Offers Little Protection for Chatty Suspects in New Mexico
- Miranda on the Ropes. Again.
- Miranda Reading Not Always Required in School Setting
- Misdemeanor Arrest Rule in New Mexico DWI Cases
- Mistaken Belief in Laws Will Not Justify a Traffic Stop in New Mexico
- More on Misdemeanor Arrest Rule in New Mexico DWI Cases
- More on New Mexico Senate Bill 151: Impaired to the Slightest Degree
- MVD License Revocation Hearings: Strictly Formality!
- National Ignition Interlock Bill Introduced by New Mexico Senator Udall
- New Lower DWI Standards Proposed Better Than No Standards at All
- New Mexico Court of Appeals Rules One Year Statute of Limitations Applies to First Time DWI
- New Mexico Court Addresses Knock & Announce Rule in the Execution of Search Warrants
- New Mexico Domestic Violence Laws
- New Mexico DWI/DUI Blood Draw Reports Subject to 6th Amendment Right to Confrontation of Witnesses
- New Mexico Ignition Interlock Laws: A Model for Others?
- New Mexico Missed the Memo on Criminal Justice Reform
- New Mexico Municipalities Have No Authority Over DWI/DUI on Private Property
- New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law
- New Mexico Senate Bill 151 to Introduce Reason Into DWI/DUI Enforcement
- New Mexico’s Impaired to the Slightest Degree DWI Standard Has to Go!
- New Mexico‘s “Rape Shield Rule” and Confrontation Clause Rights
- New Mexico‘s Holiday DWI Superblitz: Don‘t Drink and Drive. Not Even a Little!
- New Mexico‘s Implied Consent Act Leaves No Room for Indecision in Consent to Alcohol Testing
- No Confrontation Rights at Probably Cause Hearing in New Mexico
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders
- Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- Objections to Domestic Violence Order of Protection
- Out of State Drivers May Face Driver‘s License Issues on New Mexico DWI
- Out of State DWI/DUI Convictions Count as Priors Under New Mexico Law
- Passenger Rights Against Illegal Search & Seizure in Routine Traffic Stops
- Pat-Down Search in New Mexico is a Protective Search for Officer Safety Not a Search for Evidence
- Plain View Exception to 4th Amendment Search & Seizure Warrant Requirements
- Pleas of Co-Defendants: Admissability and Harmless Error in New Mexico
- Police in New Mexico Have Wide Latitude in Questioning During Traffic Stops
- Police May Not Use Probation Officers as Proxy in Criminal Investigations
- Police Officers Not Qualified to Give Statistical Testimony
- Police Questioning and Investigations in New Mexico
- Police Questioning Must Stop When Basis for Traffic Stop Found Lacking But…
- Police-Team DWI/DUI Investigations Allowed Though Discontinued?
- Possible Criminal Liability for Medical Negligence in New Mexico
- Pre-Indictment Delay: How Long is Too Long in New Mexico?
- Prescription Drug Use and Driving Under the Influence: Why the Ron Bell Case Matters to You and Your Family!
- Prescription Drugs and Driving: Standards are Needed
- Proof of Driving Somewhat Slippery in New Mexico DWI Cases
- Proof of Reliability of Narcotics Sniffing Dogs in Traffic-Stop Searches
- Proof Requirements on Criminal Damage to Property Charges
- Proposed New Jury Instruction to Address Sleeping While Intoxicated
- Prosecution Medical Experts and the Confrontation Clause in New Mexico
- Protective Sweep Searches in New Mexico Fairly Limited Under 4th Amendment
- Proximity to Alleged Crime Alone Does Not Justify Search & Seizure in New Mexico
- Puncturing Gas Tank to Steal Gas Charged as Felony Auto Burglary in New Mexico
- Questioning During Traffic Stop Limited to Basis for the Stop Under New Mexico Law
- Quietly, New Policy Evolves on Medical Marijuana
- Reasonable Suspicion No Deterrence to New Mexico Drunk-Busters
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Reclassification of Marijuana Possession: Is it Enough?
- Reefer Madness Lives Despite Clear Realities
- Refusal of Breath Alcohol Test Carries Big Risks and Little Reward in New Mexico DWI Cases
- Repeat DWI/DUI Offenders Face Certain Jail Time: How Much is Up to Them
- Revoked License Provides Reasonable Suspicion for Traffic Stop in New Mexico
- Right to a Speedy Trial in New Mexico Juvenile Criminal Cases
- Right to Counsel After Waiving Right to Counsel
- Right to Independent DWI/DUI Chemical Testing, Really?
- Ron Bell Case Illustrates Problems with New Mexico DWI/DUI Laws
- Scope of De Novo Appeal from New Mexico Magistrate Court Not Limited to Abuse of Discretion
- Scope of Review in de novo Appeals from New Mexico Municipal Courts
- Search & Seizure of Visitors on Property Subject to Warrant
- Search & Seizure Rights Greater Under New Mexico Law than 4th Amendment
- Search and Seizure Rights – Who Can Assert Them?
- Search Warrant for Home Does Not Necessarily Extend to Guest House in New Mexico
- Search Warrants Issued by Phone
- Second Chance for First Time Juvenile Criminal Offenders
- Sentencing in Violation of a Court Approved Plea Agreement Not Allowed in New Mexico
- Sexting May Lead to More than a Persistent Itching
- Show of Force and Voluntary Consent to Search and Seizure
- Sixth Amendment Protections Apply to Plea Negotiations
- Sleeping While Intoxicated No Longer a Crime in New Mexico!
- Sliding Scales of Due Process in New Mexico Probation Violation Hearings
- Speedy Trial Requirement & Six Month Rule on Misdemeanor Cases: Exceptional Circumstances Required for Deviations
- Speedy Trial Rights in New Mexico
- Speedy Trial Rights Stumble Up from the Mat: Oral Rulings Will Not Extend the Rule in New Mexico
- Stalking Quickly Escalates to Felony Charges in New Mexico
- Standardized Field Sobriety Tests Serve as Surrogate to Chemical Testing in New Mexico DWI
- State Has Burden Under New Mexico Law to Prove Reasonable Wait Under “Knock and Announce” Rule
- Strict Liability Criminal Offenses and DWI in New Mexico
- Strip Searches, Reach-In Searches, Privacy and the 4th Amendment in New Mexico
- Subsequent DWI: The First Step is to Admit You Have a Problem
- Sufficiency of Confession for DWI Conviction in New Mexico
- Suppression of Evidence for Violation of Criminal Discovery Rules
- Supreme Court Extends Sixth Amendment Protection to Rejected Plea Offers
- Supreme Court Provides Some Relief from Harsh Immigration Consequences of Petty Drug Offenses
- Target Letters: Criminal Defense at Grand Jury in New Mexico
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Terms of Probation and Parole Geared Toward Failure
- Texting Driver Convicted for Reckless Driving: Might This Be a Trend?
- The 4th Amendment and Police Questioning Beyond Scope of Traffic Stop in New Mexico
- The Children of Violent Homes: Severe Consequences of Domestic Abuse
- The Common Cold and DWI in New Mexico
- The Criminal Process: Pre-Indictment Criminal Investigations in New Mexico
- The Deferred Sentence in First Time New Mexico DWI Results in a Dismissal, BUT…
- The Indian Country Crimes Act, New Mexico State Court Jurisdiction, and the Definition of “Tribal Lands”
- The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases
- The Law of Contracts and Criminal Plea Agreements in New Mexico
- The Perils of Driving on a Revoked or Suspended License in New Mexico
- The Problem With Under the Limits DWI Arrests in New Mexico
- The Right of Self-Defense in New Mexico
- The Right to Confrontation of Domestic Violence Witnesses in New Mexico
- The Right to Privacy In Your Car in New Mexico: More from State v. Ochoa
- The Vagaries and Absurdities of New Mexico DWI Law & Policy
- The Withdrawal Defense, Statutes of Limitations and Burdens of Proof in Conspiracy Cases
- Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico
- Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico
- Tis the Season: DWI and Felony Child Abuse in New Mexico
- Tougher DWI/DUI Bill Stalls in New Mexico Senate
- Travel Restrictions in New Mexico Criminal Cases Not Always Necessary
- Turn Law Students Loose on the Poor: It‘s Good for Them Both?
- Two Sides to Every Story: Mutual Orders of Protection in New Mexico
- U-Turn to Avoid DWI/DUI Checkpoint Creates Reasonable Suspicion for a Stop
- Unequivocal Exercise of Miranda Rights Ends Lawful Interrogation
- Unlawful Search & Seizure Under the 4th Amendment
- Video Testimony and Confrontation Rights in New Mexico
- Violence Against Women Act Reauthorized By The U.S. Senate
- Warrant is Necessary for Involuntary Blood Draw in New Mexico
- Warrant Obtained By Telephone Not Permitted In New Mexico
- Warrant to Search Everyone on Premises Generally Invalid in New Mexico
- Warrantless DWI Arrests in New Mexico Homes
- Warrantless Entry and Search of a Home Under Exigent Circumstances
- Warrantless Search of Cell Phone Violates 4th Amendment
- Warrantless Searches Reasonable Under the Plain View Doctrine
- What Does “You have the right to remain silent” Under Miranda Actually Mean?
- What Does a Civil Order of Protection From Domestic Abuse Mean to You?
- What Happens to my Driver’s License in DWI Case in New Mexico?
- What is a Domestic Violence Order of Protection?
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
- While Crime is Down, Jails and Prisons are Overflowing
- Yelling “Freeze” Constitutes a Seizure Under the 4th Amendment
- Yes, Decriminalization of Marijuana is on Albuquerque Ballot
- You Can Run but …: Tolling of Probation and Jurisdiction in New Mexico Criminal Cases
- Your Home is Safe from Unlawful Search & Seizure in New Mexico
- Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases
Albuquerque Divorce Lawyer Blog
- “Non-Modifiable Alimony” Means Non-Modifiable in New Mexico
- 10 Things NOT to do During a Child Custody Exchange
- 5 Tips From a Divorce Attorney For (Happily) Married People
- 5 Tips to Help Child Support Go Smoothly
- A Division of Community Debt in Divorce Proceedings Provides Little Relief from Creditors
- Ability to Pay in Child Support Contempt Hearings
- Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce
- Acquiring Third Party Child Custody in New Mexico
- Adult Guardianship Over Incapacitated Persons in New Mexico
- Alimony and Spousal Support in New Mexico
- Alimony Often Disputed on Income and Duration in New Mexico Divorce
- Allowable Expense Under New Mexico Child Support Guidelines
- Annulment of Marriage in New Mexico
- Bankruptcy Does Not Eliminate Support Obligations
- Basic New Mexico Child Custody Rules
- Basic Tips for Halloween Safety
- Beyond the Law: Appearance and Decorum in Divorce Court
- Breaking Up In New Mexico May Be Harder Than Getting a Divorce
- Brewing Conflicts Between State and Federal Law on Same Sex Marriage
- Calculation of Gross Income for New Mexico Child Support Worksheets
- Changing Names in a New Mexico Divorce
- Changing the Parenting Plan in New Mexico
- Child Custody and Older Children: “Best Interests of the Child” Remains the Standard
- Child Custody and Timesharing in Domestic Violence Actions
- Child Custody Evaluations Through Court Clinic
- Child Custody Jurisdiction & Venue: Parental Relocation Within New Mexico
- Child Custody Jurisdiction: Maintaining “Home State” Jurisdiction
- Child Custody, Time-Sharing, Secondhand Smoke and the “Best Interests” of the Child
- Child Support and Bankruptcy
- Child Support Contempt Hearing Procedures Following Turner Case
- Child Support for Sperm Donors?
- Child Support Wage Withholding Benefits All!
- Children Protected Under Temporary Domestic Order in New Mexico Divorce Cases
- Common Issues with New Mexico Parenting Plans
- Common Law Marriage in New Mexico Under Full Faith and Credit Clause
- Common Misconceptions About Legal Separation in New Mexico
- Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!
- Community Debt in New Mexico and the IRS
- Consequences of a Domestic Violence Order of Protection Under the New Mexico Family Violence Protection Act
- Consequences of a Finding of Domestic Violence in Family Court
- Considerations Prior to Same-Sex Marriage in New Mexico
- Contested Child Custody & Time-Sharing in New Mexico
- Continuing Health Insurance: A Critical Issue in New Mexico Divorces
- Counter-Petition for Order of Protection from Domestic Violence
- Custodial Interference in New Mexico Divorce & Family Law Cases
- Death of a Party Does Not Necessarily End New Mexico Divorce Proceedings
- Default Divorce in New Mexico
- Default Divorces: The Last Resort in New Mexico
- Defined Non-Modifiable Alimony is Indeed Non-Modifiable in New Mexico Despite Wishful Thinking to the Contrary
- Division of New Mexico Community Property: Agreement on Method Can be the First Hurdle
- Division of Property and Debt in Cohabitation Split
- Division of Retirement Benefits in New Mexico
- Divorce & Social Media – A Toxic Mix
- Divorce and Custody Mediation in New Mexico
- Divorce and Kids: Do the Math!
- Divorce and the Economy: A Puzzling Relationship
- Divorce Ceremonies Gaining Popularity
- Divorce Following a Health Scare or Disability – A Growing Trend!
- Divorce in Older Couples: Trends and Statistics
- Divorce, Child Custody and Taxes
- Divorce, Hostile Shared Residence and Domestic Violence
- Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce
- Does the Federal Child Support Recovery Act Apply to You?
- Domestic Abusers May Seek Control through Child Custody
- Domestic Violence Charges Challenging for Military Personnel
- Domestic Violence Orders of Protection Under New Mexico‘s Family Violence Protection Act
- Drug Use and Child Custody: An Inadvisable Mix
- Emancipated Minors Can Receive Child Support
- Enforcement of an Out-of-State Marital Settlement Agreement
- Enforcement of Child Support in New Mexico
- Estrangement via Parental Alienation
- Extended Family Members Have Few Rights Over Children
- Factors in New Mexico Joint Child Custody Decisions
- Failure to Address Estate and Insurance Beneficiaries in Divorce can Lead to Unintended Asset Distributions
- Failure to Pay Child Support in New Mexico Is Serious Business
- Filing an Answer to a Petition for Divorce
- Filing and Defending Domestic Violence Orders of Protection in New Mexico
- Financial Changes and Modification of Child Support
- Financial Consequences of Divorce in Older Couples
- Financial Recovery After Divorce: There is a Light at the End of the Tunnel
- First Steps in a Divorce Involving Domestic Violence
- For Better or Worse – Rights on End of Cohabitation in New Mexico
- Forget the Birds & Bees, Focus on the P & L
- Gambling, Divorce and Community Property: Part of the New Mexico Landscape
- Grandparent Visitation in New Mexico
- Grandparent Visitation in New Mexico Dictated by Best Interests of Child
- Grandparents Have Limited Rights to Visitation in New Mexico
- Grounds for Deviation from Child Support Guidelines
- Harm to Children in a Divorce Can Last a Lifetime!
- Health Insurance and the Parenting Plan
- Health Insurance Status Upon Filing for Divorce
- High Conflict Divorce – What is It and How Do You Get There?
- Holiday Schedules Should Not Be Overlooked in New Mexico Parenting Plans
- Holiday Travel Often Leads to Child Custody and Time-Sharing Disputes
- Home for the Holidays? Not so Simple for Children of Divorce
- Important But Often Overlooked Issues to Address in a New Mexico Parenting Plan
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Increased Child Support Does Not Equal Increased Time-Sharing, And Vice Versa!
- Interim Division of Income and Expense in New Mexico Divorce Cases
- International Travel and/or Relocation Restricted in Child Custody Setting
- IRS Recognizes Legal Same Sex Marriages for Tax Purposes
- Is Your Soon-to-be Ex Hiding Assets?
- Joint Custody (Physical and Legal) and Child Custody Conflict in New Mexico
- Kinship Guardianship and Custody Disputes
- Lack of Common Law Marriage in New Mexico Creates Property Division Challenges in Breakup of Unmarried Couples
- Leaving the State
- Legal Counsel or Not, New Mexico Marital Settlement Agreements are Typically Final!
- Legal Custody of the Children in New Mexico
- Legal Separation in New Mexico – Advantages and Disadvantages
- Litigating a Divorce or Family Law Case From Outside New Mexico Poses Unique Challenges
- Long Distance Child Custody and Time-Sharing Arrangements in New Mexico
- Loss of Control Over Private Matters in Child Custody Cases May Rile Smokers (And Other Parents)
- Loss of Income and New Mexico Child Support
- Many Children, Many Child Support Oligations!
- Mediation in New Mexico Divorce: Many Advantages Though Expectations Should be Kept in Check
- Military Service And Child Custody
- Mixed Community/Separate Property or Transmutation Issues In New Mexico Divorce Cases
- New Mexico Alimony: Til Death Do Us Part!
- New Mexico Child Custody Issues Involving Native American Children
- New Mexico Child Support Cases Reach Record Numbers Due to Economy
- New Mexico Child Support Enforcement: CSED Enforcement/ Collection Methods
- New Mexico Community Property Laws: Community Versus Separate Debt
- New Mexico Community Property Laws: Community Versus Separate Property
- New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases
- New Mexico CYFD Involvement in Child Custody Case Not to be Taken Lightly!
- New Mexico Divorce and Family Law Jurisdiction
- New Mexico Divorce: No Fault and No Waiting
- New Mexico Legislative Proposals on Child Support for College?
- New Mexico Legislative Update: Protection of Child Witnesses
- New Mexico Marital Settlement Agreement is Final, Binding and Very Hard to Modify
- New Mexico‘s Child Support Enforcement Division Has Broad Authority (to Make Your Life Miserable)
- No Alimony When Cohabitating Couples Break Up in New Mexico
- No Common Law Marriage in New Mexico
- No Escaping Death, Taxes and New Mexico Child Support
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- No Interim Division of Income and Expense During a Co-habitation Break-up in New Mexico
- No Right to Counsel for Child Support Contempt Cases Even When Jail is Possible!
- Ongoing Exchange of Income Information: Benefits for New Mexico Child Support
- Parent Child Attachment in New Mexico Child Custody Cases
- Parent Child Reunification in New Mexico Child Custody Cases
- Parental Alienation: A Serious and Growing Problem in Family Law Cases
- Parental Rights for Same Sex Couples in New Mexico
- Part 1: Adult Guardianship of Disabled Children in New Mexico – An Overview
- Part Three: Adult Guardianship of Disabled Children in New Mexico – After Appointment
- Part Two: Adult Guardianship of Disabled Children in New Mexico – The Process
- Paternity Testing Basics in New Mexico
- Pet Custody Battles – More Common Than One Might Think
- Petitioning for Guardianship Under New Mexico‘s Kinship Guardianship Act
- Play Nice. The Kids are Watching!
- Poverty and Children of Divorce
- Prenuptial Agreements in New Mexico
- Preparation for Family Law Hearing Includes Managing Expectations
- Prison is No Escape from Child Support
- Protecting Your Credit Before, During, and After Your New Mexico Divorce
- Proving or Disproving Paternity in New Mexico
- Psychological Testing During A Custody Evaluation
- Qualified Domestic Relations Orders (QDRO) for Division of New Mexico Community Retirement Accounts
- Relocation of a Parent Not Always an Option in Child Custody Setting
- Relocation of a Parent: Consequences for Child Custody & Timesharing
- Remarriage of Ex Provides No Relief from New Mexico Child Support
- Requirements for Modification of Child Support in New Mexico
- Retirement Accounts Must Be Addressed In A New Mexico Divorce
- Retirement Plan Issues in Your New Mexico Divorce
- Retroactive Child Support in New Mexico Paternity Actions
- Reunification Therapy in New Mexico Child Custody Cases
- Right to Counsel in Termination of Parental Rights Proceedings
- Rules Regarding Parental Fitness in New Mexico Kinship Guardianship
- Seeking Back Child Support in New Mexico
- Settlement Facilitation in New Mexico Divorce Cases: Not Only Productive but Generally Required!
- Settling a Divorce Case in Mediation Does Not Mean Settling Differences
- Several Ways New Mexico Child Support Enforcement Division Enlisted in a Case
- Social Networking Sites: Careful What You Post, It Can and Will be Used Against You by Your Ex!
- Social Security Benefits & Divorce
- Sole Child Custody: When Is It Appropriate in New Mexico Divorce?
- Stopping the Financial Bleeding of Credit Cards in a Divorce
- Summer Vacation Can be a Minefield for Parents and Children Without a Plan in Place
- Supervised Child Visitation and Time-Sharing in New Mexico
- Taking the Kids Out of State for Summer Vacation Requires Planning and Agreement
- Taking Your Child Out Of State in a New Mexico Child Custody Case
- Temporary Domestic Orders in New Mexico Divorce Cases
- Ten Quick Facts About New Mexico Child Support
- Termination of Parental Rights = Termination of New Mexico Child Support?
- Termination of Parental Rights and Duty of Tribal Enrollment
- Termination of Parental Rights in New Mexico – Family Members Must be Considered for Placement
- The “Best Interests Of The Child” in New Mexico Involves Many Factors
- The Basics of New Mexico Child Custody Jurisdiction
- The Best Interests of the Child is the Goal of New Mexico Courts in Child Custody Matters
- The Bright Side of Divorce?
- The Challenge of Hidden Assets in a New Mexico Divorce
- The Challenges of Joint Child Custody with 50/50 Time-Sharing
- The Child‘s Response to Parental Alienation
- The Children of Violent Homes: Severe Consequences of Domestic Abuse
- The Dangers of Not Documenting Child Support Payments
- The Divorce Process in New Mexico: From the Petition to the Dissolution
- The Effects of Divorce on Your Health
- The High Cost of Conflict in Divorce
- The Long Lost Parent and Child Custody in New Mexico
- The Marital Home is Often Ground Zero in Divorce
- The Marital Residence Poses Many Challenges in a New Mexico Divorce
- The Marriage is Over – Now What to do About the Rings?
- The Process of Disposition of the Community Residence After a Divorce
- The Servicemembers Civil Relief Act and Your Family Law Case
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- The Trecherous Waters of Divorce and Bankruptcy
- There are Many Options for the Payment of Alimony in New Mexico
- Third Party Child Custody in New Mexico
- Three Basic Classifications of Support in a New Mexico Divorce
- Top Ten Ways to Make a Child Custody Exchange Go Smoothly
- Two Sides to Every Story: Mutual Orders of Protection in New Mexico
- Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings
- Unmarried Fathers: Paternity, Child Custody and Time-Sharing
- Using Life Insurance to Secure Child Support in New Mexico
- Valuation of the Marital Estate in New Mexico: The Importance of Full Disclosure
- Violation of Child Custody During the Holidays has Serious Consequences
- Visitation for Extended Family Only If In Best Interests of Child
- Wage Withholding of Child Support Required in New Mexico With Few Exceptions
- What Does a Civil Order of Protection From Domestic Abuse Mean to You?
- What Happens When One Party Dies During a Divorce in New Mexico?
- What is a Domestic Violence Order of Protection?
- What is the Role of a Guardian Ad Litem in New Mexico Child Custody Cases?
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
- Who Keeps the Community Residence While the Divorce is Pending?
- Will Your Child Have To Testify In Your New Mexico Domestic Violence Case?
- Women Often Pay Child Support and Alimony
- Women‘s Finances After A Divorce – Better Than One Might Think!
- Your Digital Trail and What it Can Mean for Your Divorce or Child Custody Dispute
Alimony/Spousal Support
- “Non-Modifiable Alimony” Means Non-Modifiable in New Mexico
- Alimony and Spousal Support in New Mexico
- Alimony Often Disputed on Income and Duration in New Mexico Divorce
- Bankruptcy Does Not Eliminate Support Obligations
- Breaking Up In New Mexico May Be Harder Than Getting a Divorce
- Calculation of Gross Income for New Mexico Child Support Worksheets
- Child Support and Bankruptcy
- Common Law Marriage in New Mexico Under Full Faith and Credit Clause
- Default Divorces: The Last Resort in New Mexico
- Defined Non-Modifiable Alimony is Indeed Non-Modifiable in New Mexico Despite Wishful Thinking to the Contrary
- Divorce and Custody Mediation in New Mexico
- Divorce and the Economy: A Puzzling Relationship
- Enforcement of an Out-of-State Marital Settlement Agreement
- Filing an Answer to a Petition for Divorce
- Financial Consequences of Divorce in Older Couples
- For Better or Worse – Rights on End of Cohabitation in New Mexico
- Health Insurance Status Upon Filing for Divorce
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- New Mexico Alimony: Til Death Do Us Part!
- No Alimony When Cohabitating Couples Break Up in New Mexico
- Prenuptial Agreements in New Mexico
- The Trecherous Waters of Divorce and Bankruptcy
- There are Many Options for the Payment of Alimony in New Mexico
- Three Basic Classifications of Support in a New Mexico Divorce
- Women Often Pay Child Support and Alimony
Auto Accidents
- “Full and Final Settlement” Means Both Full and Final in New Mexico Personal Injury Claims
- “Low Impact” Does Not Mean Low Injury in Car Accidents
- 10 Good Reasons to Wear a Seatbelt
- 7 Important Tasks and Considerations in an Auto Accident
- Auto Accidents Resulting from Failure to Maintain Road
- Auto Accidents Top Cause of Work Related Deaths – Options for Recovery Must be Identified
- Bad Faith Insurance Verdict – $12 Million Evidentiary Miscalculation
- Be Wary of the Man in the Red Suit at Your Holiday Party!
- Car Accident Defenses: Contributory and Comparative Negligence
- Car Accidents: A Leading Cause of Death in Teens
- Client‘s Authority to Settle Required for Settlement of Claims in New Mexico
- Company Liability for Employee Negligence Under Respondeat Superior
- Concealing Preexisting Injuries Can Seriously Harm a New Mexico Personal Injury Claim
- Court Protections for Minors in New Mexico Personal Injury Settlements
- Diminution of Vehicle Value Following Auto Accidents in New Mexico
- Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
- Disclosure Requirements for Rejection of Uninsured/Underinsured Coverage Ill-Defined
- Driver Inattention: Mobile Phones and Texting Major Cause of Auto Accidents
- Driver’s Duty to Pedestrians
- Drowsiness Significant Cause of Truck Accidents
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- DWI Offender Convicted of Vehicular Homicide Sues Bars & Drinking Buddy
- Employer Liability for DWI Accidents Part 1: Scope of Employment
- Employer Liability for DWI Accidents Part 2: Negligent Entrustment
- Employer Liability for Texting Employees
- Employers Generally Not Liable for After Hours Actions of Employees
- Federal Court Forces Insurance Company to Provide Uninsured Motorist Benefits
- Growing Perils of Social Media – Your Insurer is Watching!
- Hands-Free Mobile Creates Illusion of Safety
- Hazardous Crosswalks/Pedestrian Accidents in New Mexico
- Host Liability for Holiday Parties in New Mexico
- Huge Verdict In Trucking Accident Involving Texting Truck-Driver
- Immunity of State of New Mexico for Unsafe Road Turns on Distinction Between Design and Maintenance
- Insurance Company Medical Records Review in Personal Injury Cases
- Insurance Company Reimbursement under the “Common Fund Doctrine”
- Insurance Coverage Options For A Pedestrian-Auto Accident
- Joint and Several Liability: Auto Accidents & Negligent Medical Care
- Law Prohibiting Texting and Driving Signed Into Law in New Mexico
- Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents
- Liability of Negligent Family Member Driver to Other Family Member Passengers in an Auto Accident
- Lien Negotiation in a Personal Injury Case
- Maximum Medical Improvement and Your New Mexico Personal Injury Settlement
- Negligence Per Se in New Mexico Auto Accidents
- Negligent Entrustment Claims in New Mexico Auto Accident Cases Cover a Lot of Ground
- New Mexico Dram Shop Liability Extended to Protect Intoxicated Patrons
- New Mexico Family Purpose Doctrine in Auto Accidents
- New Mexico Laws on Rejection of Uninsured/Underinsured Motorist Coverage are Retroactive
- New Mexico Leads the Nation in Uninsured Motorist
- No Wiggle Room for Late Insurance Premiums in New Mexico
- Optional Auto Insurance Coverage Often the Most Beneficial to Your Family
- Over-Served Intoxicated Patrons May Bring Their Own New Mexico Dram Shop Claims for Injuries
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Paying Medical Bills Pending A Car Accident Settlement
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Personal Umbrella Insurance Coverage is Good For Everyone Involved in a Serious Accident
- Pre-Existing Injuries Present Challenges in New Mexico Personal lnjury Claims
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Recorded Statements in an Auto Accident Case
- Recovery of Lost Wages in a Personal Injury Case
- Recovery Under Underinsured Motorist Coverage Not Constrained by Punitive Damage Exclusion of Underinsured Driver
- Reduction of Medicare/Medicaid Liens on Personal Injury Funds for Unrelated Medical Expenses
- Ride-Hailing Accident Claims
- Road Rage and Auto Accident Insurance Coverage
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Service of Alcohol to Minors Leads to Tragic DWI/DUI Auto Accident
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Stacking Allowed With Improper Rejection of Uninsured/Underinsured Coverage
- Stacking of Insurance Coverage in New Mexico Limited to Uninsured/Underinsured Coverage
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
- Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
- Task Number 1 in an Auto Accident – Prove the Fault of the Other Driver!
- Teen Driver Safety
- Texting & Driving Don‘t Mix
- Texting Liability for Remote Senders: Will This Be a Trend?
- The Importance of MedPay Insurance Coverage in Car Accidents
- The Limits of Insurance Coverage in a New Mexico Auto Accident
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- Tribal Immunity Can Extend to Car Accidents on New Mexico State Roads
- Underinsured Coverage Stacks on Newly Acquired Vehicle and Replaced Vehicle During Grace Period
- Underinsured Motorist Coverage Imputed for Property Damage in Absence of Signed Rejection
- Underinsured Motorist Coverage: Don‘t Leave Home Without It
- Underinsured Motorists Insurance Coverage: Consent to Settle Requirement
- Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico
- Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
- Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!
- Valuation of Personal Injury Claims Not Always Strictly About the Numbers
- Work Related Auto Accident Injuries and Employer Uninsured/Underinsured Motorist Coverage
Best Interests Of The Children
- Acquiring Third Party Child Custody in New Mexico
- Child Custody and Older Children: “Best Interests of the Child” Remains the Standard
- Child Custody, Time-Sharing, Secondhand Smoke and the “Best Interests” of the Child
- Child Support for Sperm Donors?
- Contested Child Custody & Time-Sharing in New Mexico
- Leaving the State
- New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases
- Parental Alienation: A Serious and Growing Problem in Family Law Cases
- Play Nice. The Kids are Watching!
- Relocation of a Parent Not Always an Option in Child Custody Setting
- Relocation of a Parent: Consequences for Child Custody & Timesharing
- The Best Interests of the Child is the Goal of New Mexico Courts in Child Custody Matters
- The Child‘s Response to Parental Alienation
- Visitation for Extended Family Only If In Best Interests of Child
Birth Injuries
- 4 Maternal Health Conditions Increase Birth Injury Risks
- Brain Damage and Immediate Cord Clamping
- Cesarean Sections: An Essential Tool in Prevention of Cerebral Palsy
- Elevated Body Temperatures Associated with Epidurals Can Lead to Birth Injuries
- High Burden of Proof in New Mexico Birth Injury Lawsuits
- Infant Asphyxia and Hypoxic-Ischemic Encephalopathy
- Injured Child and Family Awarded $31 Million for Birth Injuries Resulting from Medical Negligence
- Left Untreated, Severe Jaundice Can Be Very Harmful to Newborns
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice for Birth Injuries Bring More Large Verdicts
- Medical Malpractice Verdict for Brain Damage from Birth Related Infection
- Medical Negligence is Only One (But Significant) Cause of Cerebral Palsy
- Negligent Failure to Perform C-sections Resulting in Cerebral Palsy
- New Techniques to Fight Cerebral Palsy in the Womb
- Obstetrics Medical Malpractice Suits Avoidable Through Training, Preparation and Communication
- Oxygen Deprivation at Birth: Cooling Blankets Becoming Standard Treatment
- Paxil Settlements Near $1 Billion
- Placental Cerebral Infarction – A Serious and Sometimes Avoidable Birth Injury
- Preterm Births: A Growing Health and Economic Crisis
- Risks of Pre-Term C-Section Should be Understood by the Patient
- Shoulder Dystocia Can Cause Serious Birh Injuries to Newborns
- Systemic Neglect in Military Hospitals and Patient’s Right to Sue
Brain Injury
- Brain Damage and Immediate Cord Clamping
- Ice, Slip & Fall Accidents, and the Duty of Care in New Mexico
- Medical Malpractice Verdict for Brain Damage from Birth Related Infection
- Negligent Failure to Perform C-sections Resulting in Cerebral Palsy
- New Techniques to Fight Cerebral Palsy in the Womb
- Oxygen Deprivation at Birth: Cooling Blankets Becoming Standard Treatment
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Placental Cerebral Infarction – A Serious and Sometimes Avoidable Birth Injury
- Warning Signs of Concussion Important to Watch in Children
Cerebral Palsy Birth Injuries
- Brain Damage and Immediate Cord Clamping
- Elevated Body Temperatures Associated with Epidurals Can Lead to Birth Injuries
- Left Untreated, Severe Jaundice Can Be Very Harmful to Newborns
- Medical Negligence is Only One (But Significant) Cause of Cerebral Palsy
- Oxygen Deprivation at Birth: Cooling Blankets Becoming Standard Treatment
- Risks of Pre-Term C-Section Should be Understood by the Patient
- Shoulder Dystocia Can Cause Serious Birh Injuries to Newborns
Child Custody
- Child Custody and Older Children: “Best Interests of the Child” Remains the Standard
- Child Custody, Time-Sharing, Secondhand Smoke and the “Best Interests” of the Child
- Child Support for Sperm Donors?
- Contested Child Custody & Time-Sharing in New Mexico
- Custodial Interference in New Mexico Divorce & Family Law Cases
- Divorce and Custody Mediation in New Mexico
- Filing and Defending Domestic Violence Orders of Protection in New Mexico
- Joint Custody (Physical and Legal) and Child Custody Conflict in New Mexico
- Leaving the State
- New Mexico Divorce and Family Law Jurisdiction
- No Common Law Marriage in New Mexico
- Parental Alienation: A Serious and Growing Problem in Family Law Cases
- Play Nice. The Kids are Watching!
- Proving or Disproving Paternity in New Mexico
- Relocation of a Parent Not Always an Option in Child Custody Setting
- Relocation of a Parent: Consequences for Child Custody & Timesharing
- Taking the Kids Out of State for Summer Vacation Requires Planning and Agreement
- The Child‘s Response to Parental Alienation
- Violation of Child Custody During the Holidays has Serious Consequences
- Visitation for Extended Family Only If In Best Interests of Child
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
Child Custody & Time-Sharing
- 10 Things NOT to do During a Child Custody Exchange
- 5 Tips to Help Child Support Go Smoothly
- Acquiring Third Party Child Custody in New Mexico
- Allowable Expense Under New Mexico Child Support Guidelines
- Basic New Mexico Child Custody Rules
- Beyond the Law: Appearance and Decorum in Divorce Court
- Changing the Parenting Plan in New Mexico
- Child Custody and Older Children: “Best Interests of the Child” Remains the Standard
- Child Custody and Timesharing in Domestic Violence Actions
- Child Custody Evaluations Through Court Clinic
- Child Custody Jurisdiction & Venue: Parental Relocation Within New Mexico
- Child Custody Jurisdiction: Maintaining “Home State” Jurisdiction
- Child Custody, Time-Sharing, Secondhand Smoke and the “Best Interests” of the Child
- Child Support for Sperm Donors?
- Child Support Wage Withholding Benefits All!
- Children Protected Under Temporary Domestic Order in New Mexico Divorce Cases
- Common Issues with New Mexico Parenting Plans
- Common Misconceptions About Legal Separation in New Mexico
- Contested Child Custody & Time-Sharing in New Mexico
- Custodial Interference in New Mexico Divorce & Family Law Cases
- Death of a Party Does Not Necessarily End New Mexico Divorce Proceedings
- Default Divorces: The Last Resort in New Mexico
- Division of Property and Debt in Cohabitation Split
- Divorce and Custody Mediation in New Mexico
- Divorce and Kids: Do the Math!
- Divorce Ceremonies Gaining Popularity
- Divorce, Child Custody and Taxes
- Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce
- Domestic Abusers May Seek Control through Child Custody
- Drug Use and Child Custody: An Inadvisable Mix
- Enforcement of an Out-of-State Marital Settlement Agreement
- Estrangement via Parental Alienation
- Extended Family Members Have Few Rights Over Children
- Factors in New Mexico Joint Child Custody Decisions
- Filing an Answer to a Petition for Divorce
- Forget the Birds & Bees, Focus on the P & L
- Grandparent Visitation in New Mexico
- Grandparent Visitation in New Mexico Dictated by Best Interests of Child
- Grandparents Have Limited Rights to Visitation in New Mexico
- Harm to Children in a Divorce Can Last a Lifetime!
- Health Insurance and the Parenting Plan
- Holiday Schedules Should Not Be Overlooked in New Mexico Parenting Plans
- Holiday Travel Often Leads to Child Custody and Time-Sharing Disputes
- Home for the Holidays? Not so Simple for Children of Divorce
- Important But Often Overlooked Issues to Address in a New Mexico Parenting Plan
- Increased Child Support Does Not Equal Increased Time-Sharing, And Vice Versa!
- International Travel and/or Relocation Restricted in Child Custody Setting
- Kinship Guardianship and Custody Disputes
- Leaving the State
- Legal Custody of the Children in New Mexico
- Long Distance Child Custody and Time-Sharing Arrangements in New Mexico
- Loss of Control Over Private Matters in Child Custody Cases May Rile Smokers (And Other Parents)
- Loss of Income and New Mexico Child Support
- Many Children, Many Child Support Oligations!
- Military Service And Child Custody
- New Mexico Child Custody Issues Involving Native American Children
- New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases
- New Mexico CYFD Involvement in Child Custody Case Not to be Taken Lightly!
- New Mexico Legislative Update: Protection of Child Witnesses
- No Common Law Marriage in New Mexico
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- Ongoing Exchange of Income Information: Benefits for New Mexico Child Support
- Parent Child Attachment in New Mexico Child Custody Cases
- Parent Child Reunification in New Mexico Child Custody Cases
- Parental Alienation: A Serious and Growing Problem in Family Law Cases
- Parental Rights for Same Sex Couples in New Mexico
- Pet Custody Battles – More Common Than One Might Think
- Play Nice. The Kids are Watching!
- Preparation for Family Law Hearing Includes Managing Expectations
- Prison is No Escape from Child Support
- Proving or Disproving Paternity in New Mexico
- Psychological Testing During A Custody Evaluation
- Relocation of a Parent Not Always an Option in Child Custody Setting
- Relocation of a Parent: Consequences for Child Custody & Timesharing
- Reunification Therapy in New Mexico Child Custody Cases
- Right to Counsel in Termination of Parental Rights Proceedings
- Rules Regarding Parental Fitness in New Mexico Kinship Guardianship
- Seeking Back Child Support in New Mexico
- Settlement Facilitation in New Mexico Divorce Cases: Not Only Productive but Generally Required!
- Social Networking Sites: Careful What You Post, It Can and Will be Used Against You by Your Ex!
- Sole Child Custody: When Is It Appropriate in New Mexico Divorce?
- Summer Vacation Can be a Minefield for Parents and Children Without a Plan in Place
- Supervised Child Visitation and Time-Sharing in New Mexico
- Taking Your Child Out Of State in a New Mexico Child Custody Case
- Ten Quick Facts About New Mexico Child Support
- Termination of Parental Rights and Duty of Tribal Enrollment
- Termination of Parental Rights in New Mexico – Family Members Must be Considered for Placement
- The “Best Interests Of The Child” in New Mexico Involves Many Factors
- The Basics of New Mexico Child Custody Jurisdiction
- The Best Interests of the Child is the Goal of New Mexico Courts in Child Custody Matters
- The Bright Side of Divorce?
- The Challenges of Joint Child Custody with 50/50 Time-Sharing
- The Child‘s Response to Parental Alienation
- The Children of Violent Homes: Severe Consequences of Domestic Abuse
- The Effects of Divorce on Your Health
- The High Cost of Conflict in Divorce
- The Long Lost Parent and Child Custody in New Mexico
- The Marital Home is Often Ground Zero in Divorce
- The Servicemembers Civil Relief Act and Your Family Law Case
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- Third Party Child Custody in New Mexico
- Top Ten Ways to Make a Child Custody Exchange Go Smoothly
- Unmarried Fathers: Paternity, Child Custody and Time-Sharing
- Violation of Child Custody During the Holidays has Serious Consequences
- Visitation for Extended Family Only If In Best Interests of Child
- What Does a Civil Order of Protection From Domestic Abuse Mean to You?
- What is the Role of a Guardian Ad Litem in New Mexico Child Custody Cases?
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
Child Support
- 5 Tips to Help Child Support Go Smoothly
- Ability to Pay in Child Support Contempt Hearings
- Allowable Expense Under New Mexico Child Support Guidelines
- Bankruptcy Does Not Eliminate Support Obligations
- Calculation of Gross Income for New Mexico Child Support Worksheets
- Changing the Parenting Plan in New Mexico
- Child Support and Bankruptcy
- Child Support Contempt Hearing Procedures Following Turner Case
- Child Support for Sperm Donors?
- Child Support Wage Withholding Benefits All!
- Common Misconceptions About Legal Separation in New Mexico
- Continuing Health Insurance: A Critical Issue in New Mexico Divorces
- Default Divorces: The Last Resort in New Mexico
- Division of Property and Debt in Cohabitation Split
- Divorce and Custody Mediation in New Mexico
- Divorce and the Economy: A Puzzling Relationship
- Divorce, Child Custody and Taxes
- Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce
- Does the Federal Child Support Recovery Act Apply to You?
- Emancipated Minors Can Receive Child Support
- Enforcement of an Out-of-State Marital Settlement Agreement
- Enforcement of Child Support in New Mexico
- Failure to Pay Child Support in New Mexico Is Serious Business
- Filing an Answer to a Petition for Divorce
- Financial Changes and Modification of Child Support
- Forget the Birds & Bees, Focus on the P & L
- Grounds for Deviation from Child Support Guidelines
- Health Insurance and the Parenting Plan
- Holiday Schedules Should Not Be Overlooked in New Mexico Parenting Plans
- Important But Often Overlooked Issues to Address in a New Mexico Parenting Plan
- Increased Child Support Does Not Equal Increased Time-Sharing, And Vice Versa!
- Long Distance Child Custody and Time-Sharing Arrangements in New Mexico
- Loss of Income and New Mexico Child Support
- Many Children, Many Child Support Oligations!
- Military Service And Child Custody
- New Mexico Child Support Cases Reach Record Numbers Due to Economy
- New Mexico Child Support Enforcement: CSED Enforcement/ Collection Methods
- New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases
- New Mexico Legislative Proposals on Child Support for College?
- New Mexico‘s Child Support Enforcement Division Has Broad Authority (to Make Your Life Miserable)
- No Common Law Marriage in New Mexico
- No Escaping Death, Taxes and New Mexico Child Support
- No Right to Counsel for Child Support Contempt Cases Even When Jail is Possible!
- Ongoing Exchange of Income Information: Benefits for New Mexico Child Support
- Parental Rights for Same Sex Couples in New Mexico
- Paternity Testing Basics in New Mexico
- Poverty and Children of Divorce
- Prison is No Escape from Child Support
- Remarriage of Ex Provides No Relief from New Mexico Child Support
- Requirements for Modification of Child Support in New Mexico
- Retroactive Child Support in New Mexico Paternity Actions
- Seeking Back Child Support in New Mexico
- Several Ways New Mexico Child Support Enforcement Division Enlisted in a Case
- Social Networking Sites: Careful What You Post, It Can and Will be Used Against You by Your Ex!
- Supervised Child Visitation and Time-Sharing in New Mexico
- Ten Quick Facts About New Mexico Child Support
- Termination of Parental Rights = Termination of New Mexico Child Support?
- The Dangers of Not Documenting Child Support Payments
- The Servicemembers Civil Relief Act and Your Family Law Case
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- The Trecherous Waters of Divorce and Bankruptcy
- Three Basic Classifications of Support in a New Mexico Divorce
- Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings
- Unmarried Fathers: Paternity, Child Custody and Time-Sharing
- Using Life Insurance to Secure Child Support in New Mexico
- Wage Withholding of Child Support Required in New Mexico With Few Exceptions
- Women Often Pay Child Support and Alimony
- Your Digital Trail and What it Can Mean for Your Divorce or Child Custody Dispute
Civil Rights
- Aided-In-Agency Theory Provides Justice in Civil Rights Cases
- Atrocities at the Border: Follow the Money
- Centurion Out as Medical Provider for Metropolitan Detention Center
- Contact Governor on New Mexico Civil Rights Act
- Corporate Exploitation of Mental Illness for Fun and Profit
- Cruel and Dangerous Presumption of Malingering in Prisoner Medical Care
- Deliberate Indifference of Prisoner’s Serious Medical Needs
- Denial of Legal Counsel to Solitary Inmates in NMCD’s X-Pod
- Emergency Grievance Procedure – New Mexico Department of Corrections
- Employer Vicarious Liability for Employee/Agent Civil Rights Violations
- Guards and Inmates Both Locked Away and Forgotten
- HB 4: New Mexico Civil Rights Act Must Pass to Protect New Mexico Taxpayers
- Illegal Strip Searches in New Mexico Prisons
- Immigrant Detainees: A New Cash Cow for Private Prison Contractors
- Inmigrantes Detenidos: Nuevo Puerquito para Contratistas Privados de Cárceles
- Investigation and Reporting of New Mexico Prison Suicides
- Investors and Banks Dump Private Prison Industry, New Mexico Sticks Embraces It
- Medical Torture in New Mexico Prisons
- Navigating New Mexico Department of Corrections Grievance Process
- New Mexico Civil Rights Act Only First Step to Reform State’s Prisons
- New Mexico Civil Rights Bill: Letter to Senate Health and Public Affairs Committee
- New Mexico Corrections Department Medical Grievance System Corrupt and Unconstitutional
- New Mexico Highest Rate of Inmates in County Jails
- New Mexico Inmate COVID 19 Lawsuits
- New Mexico Prison Osteomyelitis Epidemic Spells Medical Negligence
- New Mexico’s Relationship with Private Prison Contractors
- NMCD Paper Medical Records Serve Goal of Destruction of Evidence
- Prison Litigation Reform Act Requires Completion of Grievance Procedures Prior to Lawsuit
- Qualified Immunity for Prison Doctors: A License to Kill
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Scope of COVID in New Mexico Prisons Likely Understated
- Several Possible Claims and Defendants in New Mexico Jail Suicide Case
- Sexual Assault and Abuse in ICE Detention Facilities
- Solitary Confinement by any name is Solitary Confinement
- Solitary Confinement for Pregnant Women, Children and the Mentally Ill in the Land of Enchantment
- Statute of Limitations New Mexico Section 1983 Civil Rights Claims
- Steps in Suing New Mexico Prisons and Jails
- Suicide in Local Jails – Minimal Policies and Procedures for Protection of Inmates
- Summary of New Mexico Civil Rights Act
- The Shame of Prison Privatization and the Treatment Industrial Complex
- Untreated and Negligently Treated Diabetes in New Mexico Prisons
- Wrongful Termination by way of Illegal Constructive Discharge
Constitutional Rights
- “Knock and Announce Rule” Requires Reasonable Wait in New Mexico
- 10th Circuit Places Burden on State to Justify Trial Delays
- 4th Amendment Privacy Shrinking with Technology
- 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- A Taste of Arizona in the 10th Circuit
- A Woman‘s Purse and its Contents Protected from Search
- Anonymous Hearsay, Without Evidence of Truthfulness, Cannot Constitute Probable Cause for a Warrant
- Arizona Style Immigration Enforcement: New Mexico Beware!
- Attention Mall Shoppers! The 4th Amendment Does Not Apply Here
- Being in Jail May Not Mean Being in Custody Under New Supreme Court Ruling
- Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond
- Cell Phone GPS Tracking by Law Enforcement and Your Privacy Rights
- Confidential Informants & Probable Cause for Warrant to Search of Home in New Mexico
- Confrontation And Victim Identifications
- Confrontation Rights Fully Apply to State‘s Forensic Experts
- Consent by a Minor to Warrantless Search in New Mexico
- Consent to Police Search Must be Voluntary
- Courts Continue Assault on the Rights Against Unlawful Search & Seizure
- Criminal Confessions and Miranda Warnings in New Mexico
- Defendants Have the Right to Pretrial Interview of State‘s Expert Witnesses But…
- Do Minors Have Broader Rights Under the 4th Amendment Than Adults?
- Double Jeopardy and Trial De Novo from New Mexico Magistrate Court
- Drug Sniffing Dogs and the 4th Amendment
- DWI Accidents and Child Abuse in New Mexico
- Efficiency No Grounds for Search & Seizure Exception
- English Language is No Prerequisite to Jury Service in New Mexico
- Evasion of DWI Checkpoint is a Basis for Investigatory Stop
- Even Partial Closure of New Mexico Criminal Court Violates Right to Public Trial in Absence of Overriding Interests
- Evidence Seized Under the Pretext of a Traffic Stop is Inadmissible
- Execution of a Warrant by Traffic Stop Does Not Violate Rule Against Pretextual Stops
- Expectation of Privacy in Garbage in New Mexico Even in a Motel Dumpster!
- Expert Testimony on Drug Quantities: Possesion v. Trafficking
- Failure to Timely Appeal Probation Violations May Be Excused on Grounds of Ineffective Assistance Counsel
- Hang up the Phone: Miranda Does Not Apply to Voluntary Telephone Conversations with Police Officers
- Highway Peril: Beware of Civil Asset Seizure
- Improper Hearsay and the Value Goods in New Mexico Shoplifting Cases
- In An Increasingly Technical Age, There Is Still No Substitute for Face-to-face Confrontation of Witnesses
- Innocence Project Needs Your Support
- Judge Shopping by Prosecutor Not Allowed in New Mexico
- Legal Scope of Search Warrants Somewhat Elusive
- Legality of Computer Searches Determined by Scope of Warrant
- Lesser Included Offenses and Double Jeopardy
- Looking Suspicious Does Not Alone Justify Search & Seizure in New Mexico
- Miranda Offers Little Protection for Chatty Suspects in New Mexico
- Miranda on the Ropes. Again.
- Miranda Reading Not Always Required in School Setting
- New Mexico Court Addresses Knock & Announce Rule in the Execution of Search Warrants
- New Mexico DWI/DUI Blood Draw Reports Subject to 6th Amendment Right to Confrontation of Witnesses
- New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law
- New Mexico‘s “Rape Shield Rule” and Confrontation Clause Rights
- No Confrontation Rights at Probably Cause Hearing in New Mexico
- Passenger Rights Against Illegal Search & Seizure in Routine Traffic Stops
- Pat-Down Search in New Mexico is a Protective Search for Officer Safety Not a Search for Evidence
- Police in New Mexico Have Wide Latitude in Questioning During Traffic Stops
- Police Questioning and Investigations in New Mexico
- Police Questioning Must Stop When Basis for Traffic Stop Found Lacking But…
- Proof of Reliability of Narcotics Sniffing Dogs in Traffic-Stop Searches
- Prosecution Medical Experts and the Confrontation Clause in New Mexico
- Protective Sweep Searches in New Mexico Fairly Limited Under 4th Amendment
- Proximity to Alleged Crime Alone Does Not Justify Search & Seizure in New Mexico
- Questioning During Traffic Stop Limited to Basis for the Stop Under New Mexico Law
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Right to a Speedy Trial in New Mexico Juvenile Criminal Cases
- Right to Counsel After Waiving Right to Counsel
- Scope of De Novo Appeal from New Mexico Magistrate Court Not Limited to Abuse of Discretion
- Search & Seizure of Visitors on Property Subject to Warrant
- Search and Seizure Rights – Who Can Assert Them?
- Search Warrant for Home Does Not Necessarily Extend to Guest House in New Mexico
- Search Warrants Issued by Phone
- Sentencing in Violation of a Court Approved Plea Agreement Not Allowed in New Mexico
- Show of Force and Voluntary Consent to Search and Seizure
- Sixth Amendment Protections Apply to Plea Negotiations
- Sliding Scales of Due Process in New Mexico Probation Violation Hearings
- Speedy Trial Requirement & Six Month Rule on Misdemeanor Cases: Exceptional Circumstances Required for Deviations
- Speedy Trial Rights in New Mexico
- Speedy Trial Rights Stumble Up from the Mat: Oral Rulings Will Not Extend the Rule in New Mexico
- Supreme Court Extends Sixth Amendment Protection to Rejected Plea Offers
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Terms of Probation and Parole Geared Toward Failure
- The 4th Amendment and Police Questioning Beyond Scope of Traffic Stop in New Mexico
- The Criminal Process: Pre-Indictment Criminal Investigations in New Mexico
- The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases
- The Law of Contracts and Criminal Plea Agreements in New Mexico
- The Right to Confrontation of Domestic Violence Witnesses in New Mexico
- The Withdrawal Defense, Statutes of Limitations and Burdens of Proof in Conspiracy Cases
- Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico
- Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico
- Unequivocal Exercise of Miranda Rights Ends Lawful Interrogation
- Unlawful Search & Seizure Under the 4th Amendment
- Video Testimony and Confrontation Rights in New Mexico
- Warrant is Necessary for Involuntary Blood Draw in New Mexico
- Warrant Obtained By Telephone Not Permitted In New Mexico
- Warrant to Search Everyone on Premises Generally Invalid in New Mexico
- Warrantless Entry and Search of a Home Under Exigent Circumstances
- Warrantless Search of Cell Phone Violates 4th Amendment
- Warrantless Searches Reasonable Under the Plain View Doctrine
- What Does “You have the right to remain silent” Under Miranda Actually Mean?
- Yelling “Freeze” Constitutes a Seizure Under the 4th Amendment
- Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases
Construction Accidents
- Construction Accident Fatality Results in Settlement with Contractor and Sub-Contractors
- Early Investigation of Construction Defects is Important for Homeowner Claims in New Mexico
- Employers Protected from Liability for Gross Negligence Toward Employee Safety
- Lapse of New Home Warranties Will Not Bar Claims for Construction Defects in New Mexico
- Oil and Gas Facilities Pose Significant Risks to the Public When Not Properly Maintained
- Possible Premises Liability Even In Cases of Obvious Hazards
- Proper Equipment Maintenance Critical To Safe Work Environment in the Oil and Gas Industry
- Signs of New Home Construction Defects
- Spoliation of Evidence Defenses: Homeowners Must Not Destroy Evidence Through Repairs
- The Oil and Gas Industry Can Be a Dangerous Place for Workers
- Third Party Liability in Construction Accident Avoids Limits of Workers Compensation Laws
Corporatism Kills
- Attacks on Patient Safety Coming to a Hospital Near You
- Banks Jump on the Personal Injury Bandwagon While Decrying the Trial Lawyers They Fund
- Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs
- Coming Wave of Attacks on Innocent Patients and Families
- Congress Recognizes Medical Malpractice Epidemic and Does What Now?
- Cons, Big Cons and Medical Malpractice Reform
- Continued Push for Liability Caps Despite Widespread Medical Errors and Decline in Medical Malpractice Claims
- Corporate Exploitation of Mental Illness for Fun and Profit
- Cost Cutting Risks Lives in Nursing Home Care
- Criminal Penalties for Off-Label Drug Marketing: Will They Make a Difference?
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Hot Coffee and the Medical Malpractice Myth
- House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice Epidemic Fueled by Lies
- Medical Malpractice Reform Harms Patients and the Taxpaying Public
- MedMal Cap Protection in New Mexico Protects both Doctors and Medical Corporations
- Prescription Opiates: Profiting America to Death
- Recalls and the Economics of Death
- Sexual Assault and Abuse in ICE Detention Facilities
- States Fight Back Against Big Pharma on Opioids
- That‘s Not Cake the Chamber of Commerce Would Have Us Eat!
- The Myth of the Frivolous Medical Malpractice Lawsuit
- The Myth of the Medical Malpractice Crisis Lives On While Insurance Companies Earn Record Profits
- Tort Reform and The Hypocritic Oath
Criminal Justice Reform
Criminal Procedure
- 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 1
- 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 2
- 10th Circuit Places Burden on State to Justify Trial Delays
- 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- Anonymous Hearsay, Without Evidence of Truthfulness, Cannot Constitute Probable Cause for a Warrant
- Bail Bond Companies are Worth the Costs for Most
- Conditional Discharge Does Not Clean the Slate in New Mexico
- Confrontation And Victim Identifications
- Confrontation Clause Requires In Court Testimony of Analyst in Drug Cases
- Courts Continue Assault on the Rights Against Unlawful Search & Seizure
- Defendant‘s Rights to Present Evidence at Grand Jury Extremely Limited
- Defendants Have the Right to Pretrial Interview of State‘s Expert Witnesses But…
- Driver’s License Revocation Almost Certain with DWI Arrest in New Mexico
- Evidence Seized Under the Pretext of a Traffic Stop is Inadmissible
- Failure to Timely Appeal Probation Violations May Be Excused on Grounds of Ineffective Assistance Counsel
- Federal Criminal Immigration Cases Reach Record High
- Felony Criminal Process: Pre-Indictment
- Felony Pre Prosecution Probation Programs in New Mexico
- Hang up the Phone: Miranda Does Not Apply to Voluntary Telephone Conversations with Police Officers
- Immunity For Grand Jury Witnesses
- Jailhouse Strip-Searches For Minor Offenses – Let the Abuses Commence!
- Judge Shopping by Prosecutor Not Allowed in New Mexico
- Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico
- Juvenile Criminal Probation in New Mexico
- Legality of Computer Searches Determined by Scope of Warrant
- Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
- New Mexico Court of Appeals Rules One Year Statute of Limitations Applies to First Time DWI
- New Mexico Municipalities Have No Authority Over DWI/DUI on Private Property
- New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law
- New Mexico‘s “Rape Shield Rule” and Confrontation Clause Rights
- Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- Pat-Down Search in New Mexico is a Protective Search for Officer Safety Not a Search for Evidence
- Pleas of Co-Defendants: Admissability and Harmless Error in New Mexico
- Police Questioning Must Stop When Basis for Traffic Stop Found Lacking But…
- Possible Criminal Liability for Medical Negligence in New Mexico
- Pre-Indictment Delay: How Long is Too Long in New Mexico?
- Prosecution Medical Experts and the Confrontation Clause in New Mexico
- Right to a Speedy Trial in New Mexico Juvenile Criminal Cases
- Scope of De Novo Appeal from New Mexico Magistrate Court Not Limited to Abuse of Discretion
- Scope of Review in de novo Appeals from New Mexico Municipal Courts
- Search Warrant for Home Does Not Necessarily Extend to Guest House in New Mexico
- Second Chance for First Time Juvenile Criminal Offenders
- Sixth Amendment Protections Apply to Plea Negotiations
- Sliding Scales of Due Process in New Mexico Probation Violation Hearings
- Speedy Trial Rights in New Mexico
- Suppression of Evidence for Violation of Criminal Discovery Rules
- Supreme Court Extends Sixth Amendment Protection to Rejected Plea Offers
- Target Letters: Criminal Defense at Grand Jury in New Mexico
- Terms of Probation and Parole Geared Toward Failure
- The 4th Amendment and Police Questioning Beyond Scope of Traffic Stop in New Mexico
- The Criminal Process: Pre-Indictment Criminal Investigations in New Mexico
- The Right to Confrontation of Domestic Violence Witnesses in New Mexico
- The Right to Privacy In Your Car in New Mexico: More from State v. Ochoa
- Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico
- Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico
- Travel Restrictions in New Mexico Criminal Cases Not Always Necessary
- U-Turn to Avoid DWI/DUI Checkpoint Creates Reasonable Suspicion for a Stop
- Unlawful Search & Seizure Under the 4th Amendment
- Warrantless Entry and Search of a Home Under Exigent Circumstances
- Warrantless Searches Reasonable Under the Plain View Doctrine
- You Can Run but …: Tolling of Probation and Jurisdiction in New Mexico Criminal Cases
- Your Home is Safe from Unlawful Search & Seizure in New Mexico
- Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases
Damages
- “Full and Final Settlement” Means Both Full and Final in New Mexico Personal Injury Claims
- $54 Million Awarded to Victim of Rape in Group Home
- Actos Bladder Cancer Suits Continue to Mount
- Another Huge Nursing Home Neglect Verdict Handed Down by Jury
- BP Continues Retreat from Responsibility While Insisting Regulations Hurt Profits?
- BP Distribution Scheme Illustrates Political Priorities and Social Realities
- BP’s Race to the Bottom
- Broken Promises in Slip & Fall Accidents May Result in Punitive Damages in New Mexico
- Cap on Medical Malpractice Damages Found Not to Violate Right to Jury Trial
- Caps on Claims Against Governmental Entities are Unfair but Enforceable
- Caps on Punitive Damages: Great for Business, Bad for Everyone Else
- Car Accident Defenses: Contributory and Comparative Negligence
- Causation in a Personal Injury Case – Not Always as Simple as it Seems
- Cesarean Sections: An Essential Tool in Prevention of Cerebral Palsy
- Community Property Issues in New Mexico Personal Injury Lawsuits
- Cumulative Conduct and Punitive Damages in New Mexico Medical Malpractice Cases
- Diminution of Vehicle Value Following Auto Accidents in New Mexico
- Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
- Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case
- Discovery in a Personal Injury Lawsuit: Often Difficult and Expensive but Always Necessary!
- Don‘t File Angry! Personal Injury Litigation is Costly and Often Unnecessary
- Driver Inattention: Mobile Phones and Texting Major Cause of Auto Accidents
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- Duty of Care, Damages and Preexisting Conditions in New Mexico Medical Malpractice Claim
- Early Investigation of Construction Defects is Important for Homeowner Claims in New Mexico
- Eleventh Circuit Addresses Medicare‘s Responsbilities in Lien Negotiation
- Evidence of the Plaintiff‘s Criminal Past in Personal Injury Cases
- Failed Sterilization, Wrongful Conception, Duty to Inform and Damages in New Mexico
- Fair Settlement of Personal Injury Claims is More Math than Wrath!
- Good Neighbors Carry Homeowner‘s Insurance
- Ground Zero Settlement: Is it Fair?
- Hidden Cameras Play Role In Nursing Home Abuse & Neglect Cases
- Homeowners, Holidays and Hounds
- Ice, Slip & Fall Accidents, and the Duty of Care in New Mexico
- Injured Child and Family Awarded $31 Million for Birth Injuries Resulting from Medical Negligence
- Insurance Company Medical Records Review in Personal Injury Cases
- Insurance Coverage Options For A Pedestrian-Auto Accident
- Intentional Torts and the Judgment Proof Defendant
- Intentional Torts of Spouse May Lead to Personal Injury Claims and Punitive Damages in New Mexico
- Joint and Several Liability: Auto Accidents & Negligent Medical Care
- Lapse of New Home Warranties Will Not Bar Claims for Construction Defects in New Mexico
- Liability Before Damages – Sometimes Accidents Just Happen!
- Loss of Consortium Claims in New Mexico
- Loss of Consortium Claims: Discovery Can be Brutal
- Making Things Right with the BP Gulf Disaster!
- Maximum Medical Improvement and Your New Mexico Personal Injury Settlement
- Medicaid Liens: What is the Obligation in a Personal Injury Settlement?
- Medical Insurance Subrogation Interests in New Mexico Personal Injury Cases
- Medicare Liens Including Medicare Set Asides Apply to Medical Damages Only!
- Mine Safety? Shareholders Meet the Trial Attorneys!
- Mitigation of Damages in New Mexico Personal Injury Claims
- Negligent Entrustment Claims in New Mexico Auto Accident Cases Cover a Lot of Ground
- New Mexico Employers Not Protected from Work Injury Lawsuits in the Absence of Worker‘s Compensation Insurance
- Oil is Slippery, BP is Slippery‘er!
- Ongoing Illegal Strip Searches Lead to Class Action Settlement
- Optional Auto Insurance Coverage Often the Most Beneficial to Your Family
- Over-Served Intoxicated Patrons May Bring Their Own New Mexico Dram Shop Claims for Injuries
- Overprescription of Painkillers – Who is Responsible for the Consequences?
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Payment of Future Medical Expenses in New Mexico Medical Malpractice Case
- Payment of Medical Expense Is Not an Admission of Liability in New Mexico
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Personal Injury Judgments: Winning and Collecting Can be Two Very Different Things
- Personal Umbrella Insurance Coverage is Good For Everyone Involved in a Serious Accident
- Possible Premises Liability Even In Cases of Obvious Hazards
- Post at Your Own Risk! Social Media Discoverable in Litigation
- Pre-Existing Injuries Present Challenges in New Mexico Personal lnjury Claims
- Preexisitng Conditions & Eggshell Plaintiff in New Mexico Personal Injury Claim
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
- Punitive Damages in New Mexico: What is Reasonable?
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Recovery of Lost Wages in a Personal Injury Case
- Recovery of Punitive Damages Under Uninsured/Underinsured Motorists Coverage
- Recovery Under Underinsured Motorist Coverage Not Constrained by Punitive Damage Exclusion of Underinsured Driver
- Reduction of Medicare/Medicaid Liens on Personal Injury Funds for Unrelated Medical Expenses
- Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Sex Torts: Just Desserts?
- Sibling Loss of Consortium Cases in New Mexico
- Spousal Immunity Issues and Sexually Transmitted Disease within the Marriage
- Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
- Subrogation Rights in a New Mexico Personal Injury Claim
- Taxpayers Will Bear the Brunt of BP‘s Failures
- The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- Third Party Liability for Work Related Injuries
- Tolling of Statute of Limitations is Rare
- Tort Reform Ignores Bad Corporate Behavior: Case in Point, Toyota!
- Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
- Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!
- Valuation of Personal Injury Claims Not Always Strictly About the Numbers
- Valuation of Your Personal Injury Claims
- Walking on Eggshells in New Mexico Personal Injury Cases
- Workers Receive $100 Million in Punitive Damages for Injuries Suffered From Chemical Exposure
Defensa Criminal
- ¿Que Puedo Hacer para Regresar a Casa Despues de Enfrentar Cargos por Violencia Domestica?
- Cargo Civil por Violencia Doméstica v. Penal en Nuevo México
- Consecuencias Migratorias
- Despido Condicional de sus Cargos No le Limpia su Historial Criminal en Nuevo México
- Expiación de Delitos-Expungement
- Levantar la Orden de No-Contacto por Violencia Domestica No es Tan Fácil Como se lo Imagina
- Que puede suceder si yo violo una orden de no contacto?
- Que puede suceder si yo violo una orden de no contacto?
- Sanciones Por Violación de una Orden de Protección contra Abuso Doméstico
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Violencia Doméstica Como Felonía: Asalto Agravado en Contra de un Miembro de Familia
Division of Property & Debt
- “Non-Modifiable Alimony” Means Non-Modifiable in New Mexico
- 5 Tips From a Divorce Attorney For (Happily) Married People
- A Division of Community Debt in Divorce Proceedings Provides Little Relief from Creditors
- Breaking Up In New Mexico May Be Harder Than Getting a Divorce
- Common Law Marriage in New Mexico Under Full Faith and Credit Clause
- Common Misconceptions About Legal Separation in New Mexico
- Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!
- Community Debt in New Mexico and the IRS
- Division of New Mexico Community Property: Agreement on Method Can be the First Hurdle
- Division of Property and Debt in Cohabitation Split
- Division of Retirement Benefits in New Mexico
- Divorce and Custody Mediation in New Mexico
- Divorce and the Economy: A Puzzling Relationship
- Divorce in Older Couples: Trends and Statistics
- Enforcement of an Out-of-State Marital Settlement Agreement
- Failure to Address Estate and Insurance Beneficiaries in Divorce can Lead to Unintended Asset Distributions
- Filing an Answer to a Petition for Divorce
- Financial Consequences of Divorce in Older Couples
- Financial Recovery After Divorce: There is a Light at the End of the Tunnel
- For Better or Worse – Rights on End of Cohabitation in New Mexico
- Gambling, Divorce and Community Property: Part of the New Mexico Landscape
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Is Your Soon-to-be Ex Hiding Assets?
- Lack of Common Law Marriage in New Mexico Creates Property Division Challenges in Breakup of Unmarried Couples
- Legal Counsel or Not, New Mexico Marital Settlement Agreements are Typically Final!
- Legal Separation in New Mexico – Advantages and Disadvantages
- Mixed Community/Separate Property or Transmutation Issues In New Mexico Divorce Cases
- New Mexico Community Property Laws: Community Versus Separate Debt
- New Mexico Community Property Laws: Community Versus Separate Property
- New Mexico Marital Settlement Agreement is Final, Binding and Very Hard to Modify
- No Alimony When Cohabitating Couples Break Up in New Mexico
- No Common Law Marriage in New Mexico
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- No Interim Division of Income and Expense During a Co-habitation Break-up in New Mexico
- Pet Custody Battles – More Common Than One Might Think
- Prenuptial Agreements in New Mexico
- Preparation for Family Law Hearing Includes Managing Expectations
- Protecting Your Credit Before, During, and After Your New Mexico Divorce
- Qualified Domestic Relations Orders (QDRO) for Division of New Mexico Community Retirement Accounts
- Retirement Accounts Must Be Addressed In A New Mexico Divorce
- Retirement Plan Issues in Your New Mexico Divorce
- Stopping the Financial Bleeding of Credit Cards in a Divorce
- The Bright Side of Divorce?
- The Challenge of Hidden Assets in a New Mexico Divorce
- The High Cost of Conflict in Divorce
- The Marital Home is Often Ground Zero in Divorce
- The Marital Residence Poses Many Challenges in a New Mexico Divorce
- The Marriage is Over – Now What to do About the Rings?
- The Process of Disposition of the Community Residence After a Divorce
- The Servicemembers Civil Relief Act and Your Family Law Case
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- The Trecherous Waters of Divorce and Bankruptcy
- There are Many Options for the Payment of Alimony in New Mexico
- Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings
- Valuation of the Marital Estate in New Mexico: The Importance of Full Disclosure
- What Happens When One Party Dies During a Divorce in New Mexico?
- Women‘s Finances After A Divorce – Better Than One Might Think!
Divorce
- 10 Things NOT to do During a Child Custody Exchange
- 5 Tips From a Divorce Attorney For (Happily) Married People
- 5 Tips to Help Child Support Go Smoothly
- Ability to Pay in Child Support Contempt Hearings
- Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce
- Alimony and Spousal Support in New Mexico
- Alimony Often Disputed on Income and Duration in New Mexico Divorce
- Allowable Expense Under New Mexico Child Support Guidelines
- Annulment of Marriage in New Mexico
- Bankruptcy Does Not Eliminate Support Obligations
- Beyond the Law: Appearance and Decorum in Divorce Court
- Breaking Up In New Mexico May Be Harder Than Getting a Divorce
- Changing Names in a New Mexico Divorce
- Changing the Parenting Plan in New Mexico
- Children Protected Under Temporary Domestic Order in New Mexico Divorce Cases
- Common Misconceptions About Legal Separation in New Mexico
- Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!
- Death of a Party Does Not Necessarily End New Mexico Divorce Proceedings
- Default Divorce in New Mexico
- Default Divorces: The Last Resort in New Mexico
- Divorce & Social Media – A Toxic Mix
- Divorce and Custody Mediation in New Mexico
- Divorce and Kids: Do the Math!
- Divorce and the Economy: A Puzzling Relationship
- Divorce Ceremonies Gaining Popularity
- Divorce Following a Health Scare or Disability – A Growing Trend!
- Divorce in Older Couples: Trends and Statistics
- Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce
- Failure to Address Estate and Insurance Beneficiaries in Divorce can Lead to Unintended Asset Distributions
- Filing an Answer to a Petition for Divorce
- Financial Consequences of Divorce in Older Couples
- Financial Recovery After Divorce: There is a Light at the End of the Tunnel
- First Steps in a Divorce Involving Domestic Violence
- Harm to Children in a Divorce Can Last a Lifetime!
- Health Insurance Status Upon Filing for Divorce
- High Conflict Divorce – What is It and How Do You Get There?
- Important But Often Overlooked Issues to Address in a New Mexico Parenting Plan
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Interim Division of Income and Expense in New Mexico Divorce Cases
- Is Your Soon-to-be Ex Hiding Assets?
- Joint Custody (Physical and Legal) and Child Custody Conflict in New Mexico
- Legal Separation in New Mexico – Advantages and Disadvantages
- Litigating a Divorce or Family Law Case From Outside New Mexico Poses Unique Challenges
- Long Distance Child Custody and Time-Sharing Arrangements in New Mexico
- Loss of Control Over Private Matters in Child Custody Cases May Rile Smokers (And Other Parents)
- Loss of Income and New Mexico Child Support
- Mediation in New Mexico Divorce: Many Advantages Though Expectations Should be Kept in Check
- Military Service And Child Custody
- New Mexico Child Support Enforcement: CSED Enforcement/ Collection Methods
- New Mexico Divorce and Family Law Jurisdiction
- New Mexico Divorce: No Fault and No Waiting
- New Mexico Marital Settlement Agreement is Final, Binding and Very Hard to Modify
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- No Interim Division of Income and Expense During a Co-habitation Break-up in New Mexico
- No Right to Counsel for Child Support Contempt Cases Even When Jail is Possible!
- Parent Child Attachment in New Mexico Child Custody Cases
- Pet Custody Battles – More Common Than One Might Think
- Poverty and Children of Divorce
- Preparation for Family Law Hearing Includes Managing Expectations
- Protecting Your Credit Before, During, and After Your New Mexico Divorce
- Qualified Domestic Relations Orders (QDRO) for Division of New Mexico Community Retirement Accounts
- Reunification Therapy in New Mexico Child Custody Cases
- Settlement Facilitation in New Mexico Divorce Cases: Not Only Productive but Generally Required!
- Settling a Divorce Case in Mediation Does Not Mean Settling Differences
- Social Networking Sites: Careful What You Post, It Can and Will be Used Against You by Your Ex!
- Social Security Benefits & Divorce
- Sole Child Custody: When Is It Appropriate in New Mexico Divorce?
- Stopping the Financial Bleeding of Credit Cards in a Divorce
- Temporary Domestic Orders in New Mexico Divorce Cases
- The “Best Interests Of The Child” in New Mexico Involves Many Factors
- The Bright Side of Divorce?
- The Challenge of Hidden Assets in a New Mexico Divorce
- The Challenges of Joint Child Custody with 50/50 Time-Sharing
- The Divorce Process in New Mexico: From the Petition to the Dissolution
- The Effects of Divorce on Your Health
- The High Cost of Conflict in Divorce
- The Marital Home is Often Ground Zero in Divorce
- The Marital Residence Poses Many Challenges in a New Mexico Divorce
- The Process of Disposition of the Community Residence After a Divorce
- The Servicemembers Civil Relief Act and Your Family Law Case
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings
- Using Life Insurance to Secure Child Support in New Mexico
- Valuation of the Marital Estate in New Mexico: The Importance of Full Disclosure
- Wage Withholding of Child Support Required in New Mexico With Few Exceptions
- What Does a Civil Order of Protection From Domestic Abuse Mean to You?
- What Happens When One Party Dies During a Divorce in New Mexico?
- Who Keeps the Community Residence While the Divorce is Pending?
- Women Often Pay Child Support and Alimony
- Women‘s Finances After A Divorce – Better Than One Might Think!
- Your Digital Trail and What it Can Mean for Your Divorce or Child Custody Dispute
Domestic Violence
- “At the Scene” in Domestic Violence Construed Broadly in New Mexico
- 10 Things NOT to do During a Child Custody Exchange
- 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- A New Mexico Order Of Protection is Only Effective If Consistently Enforced
- Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce
- Alcohol, Stress and Emotions Can be a Costly Mix During the Holidays
- Armed Forces Eligibility Consequences of Criminal Convictions
- Child Custody and Timesharing in Domestic Violence Actions
- Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties
- Conditions of Release on Domestic Violence Charges in Albuquerque
- Consequences of a Domestic Violence Order of Protection Under the New Mexico Family Violence Protection Act
- Consequences of a Finding of Domestic Violence in Family Court
- Counter-Petition for Order of Protection from Domestic Violence
- Criminal v. Civil Domestic Violence Charges in New Mexico
- Divorce, Hostile Shared Residence and Domestic Violence
- Domestic Abusers May Seek Control through Child Custody
- Domestic Violence Calls in New Mexico: Someone is Going to Jail
- Domestic Violence Charges Challenging for Military Personnel
- Domestic Violence Early Intervention Programs in New Mexico
- Domestic Violence Immigration Consequences
- Domestic Violence Orders of Protection Under New Mexico‘s Family Violence Protection Act
- Dropping the Petition for Order of Protection from Domestic Abuse
- Even Innocent Violations of Orders of Protection Can Have Consequences in New Mexico
- Felony Domestic Violence: Aggravated Assault Against a Household Member
- Felony Domestic Violence: False Imprisonment Charges Frequently Charged in New Mexico
- Filing and Defending Domestic Violence Orders of Protection in New Mexico
- Firearms and Domestic Violence: A Toxic Mix
- First Steps in a Divorce Involving Domestic Violence
- High Conflict Divorce – What is It and How Do You Get There?
- Immigration Consequences: Deportation for Minor New Mexico Criminal Offenses
- Lifting the Domestic Violence No-Contact Order is Not as Clear Cut as One Might Imagine
- Miranda Offers Little Protection for Chatty Suspects in New Mexico
- New Mexico Domestic Violence Laws
- New Mexico Missed the Memo on Criminal Justice Reform
- No Fault, Less Pain! The No-Fault Divorce in New Mexico
- Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- Objections to Domestic Violence Order of Protection
- Stalking Quickly Escalates to Felony Charges in New Mexico
- The Children of Violent Homes: Severe Consequences of Domestic Abuse
- The Right to Confrontation of Domestic Violence Witnesses in New Mexico
- Turn Law Students Loose on the Poor: It‘s Good for Them Both?
- Two Sides to Every Story: Mutual Orders of Protection in New Mexico
- Violence Against Women Act Reauthorized By The U.S. Senate
- What Does a Civil Order of Protection From Domestic Abuse Mean to You?
- What is a Domestic Violence Order of Protection?
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
Domestic Violence Orders of Protection
- Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce
- Child Custody and Timesharing in Domestic Violence Actions
- Consequences of a Domestic Violence Order of Protection Under the New Mexico Family Violence Protection Act
- Consequences of a Finding of Domestic Violence in Family Court
- Counter-Petition for Order of Protection from Domestic Violence
- Divorce, Hostile Shared Residence and Domestic Violence
- Domestic Violence Charges Challenging for Military Personnel
- Domestic Violence Orders of Protection Under New Mexico‘s Family Violence Protection Act
- Filing and Defending Domestic Violence Orders of Protection in New Mexico
- Two Sides to Every Story: Mutual Orders of Protection in New Mexico
- What is a Domestic Violence Order of Protection?
- What is the Role of a Guardian Ad Litem in New Mexico Child Custody Cases?
- Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences
Dram Shop Liability
- Bar Held Liable for $1 Million in Damages for Negligently Serving Intoxicate Patron
- Be Wary of the Man in the Red Suit at Your Holiday Party!
- Change In Evidence Requirements For Dram Shop Claims
- Dram Shop Liability Issues Not Always Apparent
- Dram Shop Liability: Shifting Burden of Proof
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- DWI During the Holidays – It’s Not Worth It!
- DWI Offender Convicted of Vehicular Homicide Sues Bars & Drinking Buddy
- Host Liability for Holiday Parties in New Mexico
- Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents
- New Mexico Dram Shop Liability Extended to Protect Intoxicated Patrons
- New Mexico Supreme Court Limits Tribal Sovereign Immunity in Casino Dram Shop Cases
- Over-Served Intoxicated Patrons May Bring Their Own New Mexico Dram Shop Claims for Injuries
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Service of Alcohol to Minors Leads to Tragic DWI/DUI Auto Accident
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- The Sale of Alcohol to Interlock Licensed Drivers is Indefensible
Drug & Pharmaceutical Injuries
- Criminal Penalties for Off-Label Drug Marketing: Will They Make a Difference?
- Dangerous Withdrawal Risks from Benzodiazepines
- Failure of Medical Provider to Properly Screen for Medications
- Failure to Screen for and Monitor Drug Interactions May Constitute Medical Malpractice
- Hospital Medication Errors More Common Than One Might Think
- Information on Pharmaceutical Payments to Doctors Available and Soon to Expand
- National Deluge of Opiates, Causes and Costs
- Opiate Use in the Veteran’s Administration System
- Paxil Settlements Near $1 Billion
- Pharmaceutical Companies To Be Required to Report All Payments to Doctors
- Prescription Opiates: Profiting America to Death
- Risperidone and Gynecomastia in Children
- Simple Math on Diabetes and Actos Bladder Cancer Dangers
- States Fight Back Against Big Pharma on Opioids
- The Many Dangers of Benzodiazepines
- Tolling of Statute of Limitations is Rare
DWI/DUI
- 10 Good Reasons Not to Drink & Drive in New Mexico
- Albuquerque Court Takes the Driving out of Driving While Intoxicated
- Armed Forces Eligibility Consequences of Criminal Convictions
- ATV‘ing While Intoxicated = DWI in New Mexico
- Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond
- Breath & Blood Alcohol Testing Under the New Mexico Implied Consent Act
- Breath Test Admissability Requirements in New Mexico
- Budgetary Realities May Force Changes In Albuquerque‘s Flawed DWI/DUI Enforcement
- Burden on State to Fully Establish Foundation for Admission of Breath Alcohol Test Results
- Constitutional Amendment for Marijuana Legalization in New Mexico – Good News, Bad News?
- Control of Vehicle and Intent to Drive Must be Proven in New Mexico DWI: Competing Theories Must Both be Sound
- Crackdown on DWI Continues in New Mexico With Increasing Penalties for Probation Violations
- Current State of Marijuana Laws in New Mexico: Many Paths to Jail Remain!
- Defense Expert Testimony on Reliability of Intoxilyzer Allowed in New Mexico
- Divided Attention Testing in a New Mexico DWI Investigation
- Drinking + Driving + Kids = Felony Child Abuse
- Driver’s License Revocation Almost Certain with DWI Arrest in New Mexico
- Driving Behavior and Alcohol Impairment ( or “Officer Why was I Stopped?”)
- Driving Under the Influence of Marijuana (or Other Drugs) in New Mexico
- DWI Accidents and Child Abuse in New Mexico
- DWI During the Holidays – It’s Not Worth It!
- DWI Expert Attack on Breath Alcohol Scores Now Severely Limited in New Mexico
- DWI Officers Must Strictly Follow Guidelines in Breath Alcohol Testing
- DWI Passenger Held Accountable for Vehicular Homicide
- DWI Quotas for Albuquerque Police Lead to Below the Limits Arrests
- DWI Roadblocks Growing in Frequency in New Mexico and are Difficult to Challenge
- DWI Without Driving: Passenger Liability for DWI!
- DWI/DUI Charges Said to Jeopardize Vehicular Homicide Charges in High Profile New Mexico Cases
- DWI/DUI Hotspots: Police to Use Mapping to Establish DWI/DUI Checkpoints
- DWI/DUI: License Revocation Under the New Mexico Implied Consent Act
- DWI/DUI: The True Standard in New Mexico is Impaired to the Slightest Degree
- Early DWI Case Deadlines and Consequences for Missing Them
- Evasion of DWI Checkpoint is a Basis for Investigatory Stop
- Factors Leading to a Charge of Aggravated DWI in New Mexico
- First Time DWI: What to Expect in New Mexico?
- Governor Richardson is Pushing Stricter DWI Penalties in New Mexico
- Independent Blood Alcohol Testing Now Available 24/7 in Albuquerque Area
- Independent Blood Test in New Mexico DWI/DUI Cases
- Marijuana Legalization in New Mexico: One Step Forward, Two Steps Back!
- Medical Grounds of Inadmissibility Redefined to Possibly Include DWI
- Medical Marijuana Use Comes With Many Restrictions in New Mexico
- Misdemeanor Arrest Rule in New Mexico DWI Cases
- More on Misdemeanor Arrest Rule in New Mexico DWI Cases
- More on New Mexico Senate Bill 151: Impaired to the Slightest Degree
- MVD License Revocation Hearings: Strictly Formality!
- National Ignition Interlock Bill Introduced by New Mexico Senator Udall
- New Lower DWI Standards Proposed Better Than No Standards at All
- New Mexico Court of Appeals Rules One Year Statute of Limitations Applies to First Time DWI
- New Mexico DWI/DUI Blood Draw Reports Subject to 6th Amendment Right to Confrontation of Witnesses
- New Mexico Ignition Interlock Laws: A Model for Others?
- New Mexico Missed the Memo on Criminal Justice Reform
- New Mexico Municipalities Have No Authority Over DWI/DUI on Private Property
- New Mexico Senate Bill 151 to Introduce Reason Into DWI/DUI Enforcement
- New Mexico’s Impaired to the Slightest Degree DWI Standard Has to Go!
- New Mexico‘s Holiday DWI Superblitz: Don‘t Drink and Drive. Not Even a Little!
- New Mexico‘s Implied Consent Act Leaves No Room for Indecision in Consent to Alcohol Testing
- Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- Out of State Drivers May Face Driver‘s License Issues on New Mexico DWI
- Out of State DWI/DUI Convictions Count as Priors Under New Mexico Law
- Police Officers Not Qualified to Give Statistical Testimony
- Police-Team DWI/DUI Investigations Allowed Though Discontinued?
- Prescription Drug Use and Driving Under the Influence: Why the Ron Bell Case Matters to You and Your Family!
- Prescription Drugs and Driving: Standards are Needed
- Proof of Driving Somewhat Slippery in New Mexico DWI Cases
- Proposed New Jury Instruction to Address Sleeping While Intoxicated
- Reasonable Suspicion No Deterrence to New Mexico Drunk-Busters
- Refusal of Breath Alcohol Test Carries Big Risks and Little Reward in New Mexico DWI Cases
- Repeat DWI/DUI Offenders Face Certain Jail Time: How Much is Up to Them
- Revoked License Provides Reasonable Suspicion for Traffic Stop in New Mexico
- Right to Independent DWI/DUI Chemical Testing, Really?
- Ron Bell Case Illustrates Problems with New Mexico DWI/DUI Laws
- Sleeping While Intoxicated No Longer a Crime in New Mexico!
- Speedy Trial Requirement & Six Month Rule on Misdemeanor Cases: Exceptional Circumstances Required for Deviations
- Standardized Field Sobriety Tests Serve as Surrogate to Chemical Testing in New Mexico DWI
- Strict Liability Criminal Offenses and DWI in New Mexico
- Subsequent DWI: The First Step is to Admit You Have a Problem
- Suppression of Evidence for Violation of Criminal Discovery Rules
- The Common Cold and DWI in New Mexico
- The Deferred Sentence in First Time New Mexico DWI Results in a Dismissal, BUT…
- The Indian Country Crimes Act, New Mexico State Court Jurisdiction, and the Definition of “Tribal Lands”
- The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases
- The Perils of Driving on a Revoked or Suspended License in New Mexico
- The Problem With Under the Limits DWI Arrests in New Mexico
- The Vagaries and Absurdities of New Mexico DWI Law & Policy
- Tis the Season: DWI and Felony Child Abuse in New Mexico
- Tougher DWI/DUI Bill Stalls in New Mexico Senate
- U-Turn to Avoid DWI/DUI Checkpoint Creates Reasonable Suspicion for a Stop
- Video Testimony and Confrontation Rights in New Mexico
- Warrant is Necessary for Involuntary Blood Draw in New Mexico
- Warrantless DWI Arrests in New Mexico Homes
- While Crime is Down, Jails and Prisons are Overflowing
DWI/DUI – Manejando Bajo La Influencia de Alcohol y/o Droga
Employment Discrimination
Evidence
- “Knock and Announce Rule” Requires Reasonable Wait in New Mexico
- 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- A Woman‘s Purse and its Contents Protected from Search
- Anonymous Hearsay, Without Evidence of Truthfulness, Cannot Constitute Probable Cause for a Warrant
- Attention Mall Shoppers! The 4th Amendment Does Not Apply Here
- Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond
- Burden on State to Fully Establish Foundation for Admission of Breath Alcohol Test Results
- Cell Phone GPS Tracking by Law Enforcement and Your Privacy Rights
- Character Evidence and Self-Defense in New Mexico
- Confrontation And Victim Identifications
- Consent to Police Search Must be Voluntary
- Defendant‘s Rights to Present Evidence at Grand Jury Extremely Limited
- Defendants Have the Right to Pretrial Interview of State‘s Expert Witnesses But…
- Defense Expert Testimony on Reliability of Intoxilyzer Allowed in New Mexico
- Do Minors Have Broader Rights Under the 4th Amendment Than Adults?
- Driving Under the Influence of Marijuana (or Other Drugs) in New Mexico
- Drug Dealer Liability for Death: Contributing v. “But For” Causation
- DWI Officers Must Strictly Follow Guidelines in Breath Alcohol Testing
- Evidence of Past Criminal History – Probably Not Admissable But Is It Harmless?
- Execution of a Warrant by Traffic Stop Does Not Violate Rule Against Pretextual Stops
- Expectation of Privacy in Garbage in New Mexico Even in a Motel Dumpster!
- Expert Testimony on Drug Quantities: Possesion v. Trafficking
- Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
- Grand Jury Investigations: Ham Sandwiches Beware!
- Improper Hearsay and the Value Goods in New Mexico Shoplifting Cases
- Legal Scope of Search Warrants Somewhat Elusive
- Legality of Computer Searches Determined by Scope of Warrant
- Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
- Limits of Opinion Testimony on DWI Breath Scores
- Looking Suspicious Does Not Alone Justify Search & Seizure in New Mexico
- Loss or Destruction of Evidence – 3 Prong Test for Dismissal of Criminal Charges
- Misdemeanor Arrest Rule in New Mexico DWI Cases
- New Mexico‘s “Rape Shield Rule” and Confrontation Clause Rights
- Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- Pat-Down Search in New Mexico is a Protective Search for Officer Safety Not a Search for Evidence
- Pleas of Co-Defendants: Admissability and Harmless Error in New Mexico
- Police in New Mexico Have Wide Latitude in Questioning During Traffic Stops
- Police Officers Not Qualified to Give Statistical Testimony
- Proof of Driving Somewhat Slippery in New Mexico DWI Cases
- Proof Requirements on Criminal Damage to Property Charges
- Prosecution Medical Experts and the Confrontation Clause in New Mexico
- Show of Force and Voluntary Consent to Search and Seizure
- Sliding Scales of Due Process in New Mexico Probation Violation Hearings
- State Has Burden Under New Mexico Law to Prove Reasonable Wait Under “Knock and Announce” Rule
- Strip Searches, Reach-In Searches, Privacy and the 4th Amendment in New Mexico
- Suppression of Evidence for Violation of Criminal Discovery Rules
- Video Testimony and Confrontation Rights in New Mexico
Family Safety
- 10 Good Reasons to Wear a Seatbelt
- Are Guns Safer than Hospitals?
- As Bullying Grows in Seriousness and Variety so do the Possible Responses
- Bedsores May Be a Sign of More Serious Problems
- Breast Cancer Diagnostic Errors Lead in Medical Malpractice Claims
- Civil Liability for the Wrongful Death of a Child Caused by Bullying?
- Costly Contradictions of “Online Privacy”
- Doctor Duty to Inform Patient of Need for Specialist? Yes, but…
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Essential Patient Safety Rule #1: Identify the Patient and the Medical Issues
- Growing Perils of Social Media – Your Insurer is Watching!
- Hands-Free Mobile Creates Illusion of Safety
- Homeowners, Holidays and Hounds
- Hospital Survival: Essential Strategies
- Hospital Survival: The Numbers
- Hypertexting & Hypernetworking: Busy Hands are the Workshop of the Devil?
- Internet Monitoring Services Keep Parents In the Loop
- Negligent Entrustment Claims in New Mexico Auto Accident Cases Cover a Lot of Ground
- New Mexico Family Purpose Doctrine in Auto Accidents
- Overprescription of Painkillers – Who is Responsible for the Consequences?
- Post at Your Own Risk! Social Media Discoverable in Litigation
- Protection of Sensitive Health Records in a Personal Injury Case
- Recalls and the Economics of Death
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Teen Driver Safety
- Teen Suicide Warning Signs
- Texting Liability for Remote Senders: Will This Be a Trend?
- The Need for a Medical Power of Attorney Prior to Hospital Care
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- Unattended Cars, Heat and Children: A Deadly Combination!
- Warning Signs of Concussion Important to Watch in Children
FAQs Auto Accidents
FAQs Personal Injury Claims
FAQs Prison Medical Negligence
- Hepatitis C: New Mexico and National Epidemic
- Medical Personnel in NMCD Face Challenges in Claims for Failed Response to COVID-19
- New Mexico Corrections Department Unfit to Handle COVID-19 Crisis
- NMCD Guards and Staff: Legal Claims for Lack of Preparation and Response to COVID-19
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Scope of COVID in New Mexico Prisons Likely Understated
Felony
- A Woman‘s Purse and its Contents Protected from Search
- Conditional Discharge Does Not Clean the Slate in New Mexico
- Criminal Statutes to be Read With Common Sense – Ice and Water Insufficient for Criminal Charges in New Mexico
- Deadly Weapon Charges May Rely on Intent
- Defendant‘s Rights to Present Evidence at Grand Jury Extremely Limited
- Double Jeopardy Issue Addressed in New Mexico Habitual Sentencing Case
- DWI Without Driving: Passenger Liability for DWI!
- Felony Domestic Violence: False Imprisonment Charges Frequently Charged in New Mexico
- Hot Checks: Poor Bookkeeping is No Defense in New Mexico
- Immunity For Grand Jury Witnesses
- Judge Shopping by Prosecutor Not Allowed in New Mexico
- Juvenile Criminal Probation in New Mexico
- Mistaken Belief in Laws Will Not Justify a Traffic Stop in New Mexico
- No Confrontation Rights at Probably Cause Hearing in New Mexico
- Proof Requirements on Criminal Damage to Property Charges
- Protective Sweep Searches in New Mexico Fairly Limited Under 4th Amendment
- Puncturing Gas Tank to Steal Gas Charged as Felony Auto Burglary in New Mexico
- Stalking Quickly Escalates to Felony Charges in New Mexico
- State Has Burden Under New Mexico Law to Prove Reasonable Wait Under “Knock and Announce” Rule
- Tis the Season: DWI and Felony Child Abuse in New Mexico
Guardianship
- Acquiring Third Party Child Custody in New Mexico
- Adult Guardianship Over Incapacitated Persons in New Mexico
- Extended Family Members Have Few Rights Over Children
- Kinship Guardianship and Custody Disputes
- No Escaping Death, Taxes and New Mexico Child Support
- Part 1: Adult Guardianship of Disabled Children in New Mexico – An Overview
- Part Three: Adult Guardianship of Disabled Children in New Mexico – After Appointment
- Part Two: Adult Guardianship of Disabled Children in New Mexico – The Process
- Petitioning for Guardianship Under New Mexico‘s Kinship Guardianship Act
- Right to Counsel in Termination of Parental Rights Proceedings
- Rules Regarding Parental Fitness in New Mexico Kinship Guardianship
- Termination of Parental Rights in New Mexico – Family Members Must be Considered for Placement
- Third Party Child Custody in New Mexico
Inspection of Public Records
Insurance Issues
- “Low Impact” Does Not Mean Low Injury in Car Accidents
- Allowable Expense Under New Mexico Child Support Guidelines
- Auto Accidents Top Cause of Work Related Deaths – Options for Recovery Must be Identified
- Bad Faith Insurance Verdict – $12 Million Evidentiary Miscalculation
- Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs
- Client‘s Authority to Settle Required for Settlement of Claims in New Mexico
- Cons, Big Cons and Medical Malpractice Reform
- Continuing Health Insurance: A Critical Issue in New Mexico Divorces
- Cyberbullying Lawsuits Insurance Coverage
- Diminution of Vehicle Value Following Auto Accidents in New Mexico
- Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
- Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case
- Divorce Following a Health Scare or Disability – A Growing Trend!
- Dram Shop Liability: Shifting Burden of Proof
- Failure to Address Estate and Insurance Beneficiaries in Divorce can Lead to Unintended Asset Distributions
- Fair Settlement of Personal Injury Claims is More Math than Wrath!
- Federal Court Forces Insurance Company to Provide Uninsured Motorist Benefits
- Financial Recovery After Divorce: There is a Light at the End of the Tunnel
- Growing Perils of Social Media – Your Insurer is Watching!
- Health Insurance and the Parenting Plan
- Homeowners, Holidays and Hounds
- Hot Coffee and the Medical Malpractice Myth
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Insurance Company Medical Records Review in Personal Injury Cases
- Insurance Company Reimbursement under the “Common Fund Doctrine”
- Insurance Coverage Options For A Pedestrian-Auto Accident
- Liability of Negligent Family Member Driver to Other Family Member Passengers in an Auto Accident
- Loans to Clients on New Mexico Personal Injury Claims Strictly Prohibited
- Medical Insurance Subrogation Interests in New Mexico Personal Injury Cases
- Medical Liens Can be Half the Battle in a New Mexico Personal Injury Case
- MedMal Cap Protection in New Mexico Protects both Doctors and Medical Corporations
- New Mexico Family Purpose Doctrine in Auto Accidents
- New Mexico Laws on Rejection of Uninsured/Underinsured Motorist Coverage are Retroactive
- No Wiggle Room for Late Insurance Premiums in New Mexico
- Notification of Insurance Company on Personal Injury Claims
- Optional Auto Insurance Coverage Often the Most Beneficial to Your Family
- Parent Liability for the Negligence of a Child in New Mexico
- Paying Medical Bills Pending A Car Accident Settlement
- Payment of Medical Expense Is Not an Admission of Liability in New Mexico
- Personal Injury Judgments: Winning and Collecting Can be Two Very Different Things
- Personal Injury Liability Releases Strictly Limited in New Mexico
- Personal Liability Associated with Non-Profit Board Membership
- Personal Umbrella Insurance Coverage is Good For Everyone Involved in a Serious Accident
- Pre-Existing Injuries Present Challenges in New Mexico Personal lnjury Claims
- Preterm Births: A Growing Health and Economic Crisis
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
- Recorded Statements in an Auto Accident Case
- Recovery For Injuries Sustained While Visiting a Friend or Relative
- Recovery Under Underinsured Motorist Coverage Not Constrained by Punitive Damage Exclusion of Underinsured Driver
- Ride-Hailing Accident Claims
- Road Rage and Auto Accident Insurance Coverage
- Sorting Out Responsibility in a New Mexico Premises Liability Claim
- Spousal Immunity Issues and Sexually Transmitted Disease within the Marriage
- Stacking Allowed With Improper Rejection of Uninsured/Underinsured Coverage
- Stacking of Insurance Coverage in New Mexico Limited to Uninsured/Underinsured Coverage
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
- Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
- Subrogation Rights in a New Mexico Personal Injury Claim
- The Basics of Homeowner‘s Insurance
- The Importance of MedPay Insurance Coverage in Car Accidents
- UIM Carrier Approval Required for Policy Limits Settlement
- Underinsured Motorists Insurance Coverage: Consent to Settle Requirement
- Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
- Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
- Using Life Insurance to Secure Child Support in New Mexico
- Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!
- Valuation of Personal Injury Claims Not Always Strictly About the Numbers
Intentional Torts
- Intentional Infliction of Emotional Distress Claims in New Mexico
- Intentional Torts and the Judgment Proof Defendant
- Intentional Torts of Spouse May Lead to Personal Injury Claims and Punitive Damages in New Mexico
- New Mexico Retreat Law Reviewed in Light of the Trayvon Martin Case
- Sex Torts: Just Desserts?
- Spousal Immunity Issues and Sexually Transmitted Disease within the Marriage
Jurisdiction
- Child Custody Jurisdiction & Venue: Parental Relocation Within New Mexico
- Child Custody Jurisdiction: Maintaining “Home State” Jurisdiction
- Default Divorce in New Mexico
- Enforcement of an Out-of-State Marital Settlement Agreement
- Litigating a Divorce or Family Law Case From Outside New Mexico Poses Unique Challenges
- New Mexico Child Custody Issues Involving Native American Children
- New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases
- New Mexico Divorce and Family Law Jurisdiction
- New Mexico Divorce: No Fault and No Waiting
- Ongoing Exchange of Income Information: Benefits for New Mexico Child Support
- Relocation of a Parent Not Always an Option in Child Custody Setting
- Relocation of a Parent: Consequences for Child Custody & Timesharing
- Termination of Parental Rights and Duty of Tribal Enrollment
- The Basics of New Mexico Child Custody Jurisdiction
Juvenile Criminal Charges
- Armed Forces Eligibility Consequences of Criminal Convictions
- Consent by a Minor to Warrantless Search in New Mexico
- Do Minors Have Broader Rights Under the 4th Amendment Than Adults?
- Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico
- Juvenile Criminal Probation in New Mexico
- Juvenile Drug Court: A Double Edged Sword!
- Miranda Reading Not Always Required in School Setting
- No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders
- Second Chance for First Time Juvenile Criminal Offenders
- Sexting May Lead to More than a Persistent Itching
- Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico
- Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico
- Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases
Lesiones Personales
- ¿Qué Significa una Carta de Protección en un Caso de Accidente de Automóvil?
- Accidentes de Camiones de Carga
- Accidentes de Camiones se Encuentran con Negación de Responsabilidad
- Accidentes de Camiones: Presente una Demanda, Haga Preguntas Después
- Cesáreas: Una Herramienta Esencial en Prevención de Parálisis Cerebral
- Completa Indiferencia e Incompetencia en el NMCD Pone en Peligro a los Nuevos Mexicanos
- Conducir Demasiado Rápido para las Condiciones como Causa Frecuente de Accidentes de Camiones
- Conducta Cumulativa e Daños Punitivos en Casos de Negligencia Médica en Nuevo México
- Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- El Congreso Ignora los Peligros de las Horas de Transporte Excesivas
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- El Uso de Drogas es a menudo un Factor en los Accidentes de Camiones
- Estatuto de Limitaciones en Demandas por Conductores con Seguro con Cobertura Limitada
- Evaluación de Casos de Accidentes Automovilísticos y de Camiones
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- Intervenciones de la FMCSA para Camiones y Transportistas Inseguros
- La Epidemia de Osteomielitis en las Prisiones de Nuevo México Indica Negligencia Médica
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- La Fatiga es una Causa Frecuente de Accidentes de Camión
- Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
- Los Dueños de Casa, Vacaciones y Perros
- Los Inmigrantes Indocumentados y Reclamos de Negligencia Médica
- Negligencia Comparativa
- Reclamación por Lesiones Personales en Accidentes de Auto Causados por DWI
- Reclamaciones Legales por Mala fe o Denuncia Maliciosa de Abuso Infantil
- Reclamos por Accidentes de Transporte “Ride-Hailing”
- Requisas Personales Ilegales en las Prisiones de Nuevo Mexico
- Somnolencia Causa Significativa de Accidentes de Camiones
Ley de Familia y Divorcio
- ¿En Casa Para Las Fiestas Navideñas? No Es Tan Simple Para Hijos de Divorcio
- ¿Que Puedo Hacer para Regresar a Casa Despues de Enfrentar Cargos por Violencia Domestica?
- En Casa para las Fiestas Decembrinas? No tan fácil para los Hijos de Padres Divorciados
- Los Horarios de Vacaciones en Días Festivos no Deben ser Pasados por Alto en Los Planes de Crianza en Nuevo México
- Preguntas Frecuentes: Custodia de Menores y Tiempo Compartido en Nuevo México
- Que puede suceder si yo violo una orden de no contacto?
- Que puede suceder si yo violo una orden de no contacto?
- Reclamaciones Legales por Mala fe o Denuncia Maliciosa de Abuso Infantil
- Sanciones Por Violación de una Orden de Protección contra Abuso Doméstico
- Viajes Durante Días Festivos a Menudo resulta en Disputas de Custodia y Tiempo Compartido
- Violación de la Custodia del Menor Durante las Fiestas Decembrinas tiene Graves Consecuencias
Liability & Fault
- “Spill on Aisle 7”: The Unexpected Hazards of Shopping
- BP Continues Retreat from Responsibility While Insisting Regulations Hurt Profits?
- BP Distribution Scheme Illustrates Political Priorities and Social Realities
- BP’s Race to the Bottom
- Broken Promises in Slip & Fall Accidents May Result in Punitive Damages in New Mexico
- Burger King Playground Injury Settlement
- Business Owners‘ Duty of Care to Protect Customers from Criminal Acts
- Car Accident Defenses: Contributory and Comparative Negligence
- Causation in a Personal Injury Case – Not Always as Simple as it Seems
- Collecting & Preserving Evidence in a Personal Injury Claim
- Company Liability for Employee Negligence Under Respondeat Superior
- Comparative Negligence Decided by Jury in New Mexico Personal Injury Cases
- Continued Push for Liability Caps Despite Widespread Medical Errors and Decline in Medical Malpractice Claims
- Court Protections for Minors in New Mexico Personal Injury Settlements
- Cumulative Conduct and Punitive Damages in New Mexico Medical Malpractice Cases
- Dangerous Recreational Activities and Assumption of Risk
- Diminution of Vehicle Value Following Auto Accidents in New Mexico
- Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
- Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case
- Don‘t File Angry! Personal Injury Litigation is Costly and Often Unnecessary
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- Early Investigation of Construction Defects is Important for Homeowner Claims in New Mexico
- Eco-Friendly Shopping, Shoplifting Charges and Personal Injury Claims: Tis the Season
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Employer Liability for DWI Accidents Part 1: Scope of Employment
- Employer Responsibility for Worker Safety? No, But Thanks for Playing.
- Employer Vicarious Liability for Employee/Agent Civil Rights Violations
- Employers Protected from Liability for Gross Negligence Toward Employee Safety
- Evidence of the Plaintiff‘s Criminal Past in Personal Injury Cases
- Failed Sterilization, Wrongful Conception, Duty to Inform and Damages in New Mexico
- Fair Settlement of Personal Injury Claims is More Math than Wrath!
- Financial Abuse and Exploitation in Nursing Homes
- Ford Settles Defective Product Lawsuit with Woman Left Paralyzed in Auto Accident
- Gross Medical Negligence Leads to Death of Child in MRI Chamber
- Homeowners, Holidays and Hounds
- Host Liability for Holiday Parties in New Mexico
- Hot Coffee and the Medical Malpractice Myth
- Ice, Slip & Fall Accidents, and the Duty of Care in New Mexico
- Independent Intervening Cause/Medical Malpractice in a New Mexico Personal Injury Claim
- Insurance Company Medical Records Review in Personal Injury Cases
- Insurance Coverage Options For A Pedestrian-Auto Accident
- Intentional Torts and the Judgment Proof Defendant
- Intentional Torts of Spouse May Lead to Personal Injury Claims and Punitive Damages in New Mexico
- Joint and Several Liability: Auto Accidents & Negligent Medical Care
- Knowledge and Ability to Prevent Harm Key to Governmental Premises Liability Claim in New Mexico
- Lapse of New Home Warranties Will Not Bar Claims for Construction Defects in New Mexico
- Liability Before Damages – Sometimes Accidents Just Happen!
- Liability of Negligent Family Member Driver to Other Family Member Passengers in an Auto Accident
- Making Things Right with the BP Gulf Disaster!
- MedMal Cap Protection in New Mexico Protects both Doctors and Medical Corporations
- Negligence Per Se in New Mexico Auto Accidents
- Negligent Sale of Consumer Goods
- New Mexico Court Takes #5 Honors on List of Judicial Hellholes
- New Mexico Employers Not Protected from Work Injury Lawsuits in the Absence of Worker‘s Compensation Insurance
- New Mexico Premises Liability (Slip and Fall) Claims on City Sidewalks
- New Mexico Retreat Law Reviewed in Light of the Trayvon Martin Case
- Nursing Home Patient Records Often Neglected and Occasionally Deliberately Falsified
- Oil is Slippery, BP is Slippery‘er!
- Over-Served Intoxicated Patrons May Bring Their Own New Mexico Dram Shop Claims for Injuries
- Overprescription of Painkillers – Who is Responsible for the Consequences?
- Parent Liability for the Negligence of a Child in New Mexico
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Personal Injury Judgments: Winning and Collecting Can be Two Very Different Things
- Personal Injury Liability Releases Strictly Limited in New Mexico
- Personal Liability Associated with Non-Profit Board Membership
- Personal Umbrella Insurance Coverage is Good For Everyone Involved in a Serious Accident
- Possible Premises Liability Even In Cases of Obvious Hazards
- Pre-Existing Injuries Present Challenges in New Mexico Personal lnjury Claims
- Proof of Causation in Personal Injury Actions: “But For” Analysis Under New Mexico Law
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Reexamined Duty of Care in New Mexico Personal Injury Lawsuits
- Responsibility for Sidewalks in Albuquerque
- Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Sorting Out Responsibility in a New Mexico Premises Liability Claim
- Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
- Task Number 1 in an Auto Accident – Prove the Fault of the Other Driver!
- Taxpayers Will Bear the Brunt of BP‘s Failures
- Texting Liability for Remote Senders: Will This Be a Trend?
- The Basics of Homeowner‘s Insurance
- The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- The Sale of Alcohol to Interlock Licensed Drivers is Indefensible
- Third Party Liability for Work Related Injuries
- Third Party Liability in Construction Accident Avoids Limits of Workers Compensation Laws
- Trucking Accident Investigations Should Begin Immediately
- Trucking Accidents and Meth Usage: Respondeat Superior Still Applies in New Mexico
- Trucking Accidents Met with Denial of Responsibility
- Underinsured Motorist Coverage: Don‘t Leave Home Without It
- Underinsured Motorists Insurance Coverage: Consent to Settle Requirement
- Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!
- Walking on Eggshells in New Mexico Personal Injury Cases
Marital Settlement Agreement
- “Non-Modifiable Alimony” Means Non-Modifiable in New Mexico
- A Division of Community Debt in Divorce Proceedings Provides Little Relief from Creditors
- Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!
- Community Debt in New Mexico and the IRS
- Defined Non-Modifiable Alimony is Indeed Non-Modifiable in New Mexico Despite Wishful Thinking to the Contrary
- Division of Retirement Benefits in New Mexico
- Divorce and Custody Mediation in New Mexico
- Divorce Ceremonies Gaining Popularity
- Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce
- Enforcement of an Out-of-State Marital Settlement Agreement
- Filing an Answer to a Petition for Divorce
- Health Insurance Status Upon Filing for Divorce
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Legal Counsel or Not, New Mexico Marital Settlement Agreements are Typically Final!
- Mediation in New Mexico Divorce: Many Advantages Though Expectations Should be Kept in Check
- New Mexico Alimony: Til Death Do Us Part!
- New Mexico Community Property Laws: Community Versus Separate Debt
- New Mexico Community Property Laws: Community Versus Separate Property
- New Mexico Marital Settlement Agreement is Final, Binding and Very Hard to Modify
- Poverty and Children of Divorce
- Settling a Divorce Case in Mediation Does Not Mean Settling Differences
- The Speedy Divorce in New Mexico: It‘s Not a Myth and Hardly a Mystery
- The Trecherous Waters of Divorce and Bankruptcy
- There are Many Options for the Payment of Alimony in New Mexico
- Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings
- Valuation of the Marital Estate in New Mexico: The Importance of Full Disclosure
Medical Malpractice
- “Concerned Citizens” Rush to Defense of Negligent Nursing Homes
- “Heroic” Negligence at the Albuquerque VA Hospital?
- 10th Circuit Addresses Medicaid Lien Reduction in Personal Injury Settlements
- 4 Maternal Health Conditions Increase Birth Injury Risks
- Administrative Claim Requirements in Medical Malpractice Claims Against the VA
- Are Guns Safer than Hospitals?
- Atrocities at the Border: Follow the Money
- Attacks on Patient Safety Coming to a Hospital Near You
- Banks Jump on the Personal Injury Bandwagon While Decrying the Trial Lawyers They Fund
- Breast Cancer Diagnostic Errors Lead in Medical Malpractice Claims
- Cap on Medical Malpractice Damages Found Not to Violate Right to Jury Trial
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs
- Catholic Hospitals Threaten the Lives of Pregnant Women
- Cerebral Palsy Risk Factors and the Duty of Care of Medical Providers
- Cesarean Sections: An Essential Tool in Prevention of Cerebral Palsy
- Chemical Restraint of Child Refugees Separated from Parents
- Civil Conspiracy to Harm Immigrant Detainees
- Claims of Progress at VA Hospitals Suggest Pervasive Past Violations of Duty of Care
- CMS’ List of Inexcusable Hospital-Acquired Conditions Targeted for Non-Payment
- CMS’s Renewed Public Reporting of Hospital-Acquired Conditions Falls Short
- Coming Wave of Attacks on Innocent Patients and Families
- Congress Recognizes Medical Malpractice Epidemic and Does What Now?
- Cons, Big Cons and Medical Malpractice Reform
- Continued Push for Liability Caps Despite Widespread Medical Errors and Decline in Medical Malpractice Claims
- Corporate Exploitation of Mental Illness for Fun and Profit
- Cost Cutting Risks Lives in Nursing Home Care
- Criminal Penalties for Off-Label Drug Marketing: Will They Make a Difference?
- Cumulative Conduct and Punitive Damages in New Mexico Medical Malpractice Cases
- Dangerous Withdrawal Risks from Benzodiazepines
- Deliberate Indifference of Prisoner’s Serious Medical Needs
- Doctor Duty to Inform Patient of Need for Specialist? Yes, but…
- Doctor’s Duty to Conduct Breast Cancer Risk Assessment
- Doctors Beware Following Catholic Miscarriage Religious Precepts
- Drive-By Doctoring – Options for Protection of New Mexico Patients
- Duty of Care, Damages and Preexisting Conditions in New Mexico Medical Malpractice Claim
- Emergency Medical Care and Emergency Transport in New Mexico’s Prisons
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Emergency Room Visits Hasten Health Decline in Elderly
- Essential Patient Safety Rule #1: Identify the Patient and the Medical Issues
- Extension of Statute of Limitations in New Mexico for Cases Originally Filed in the Wrong Court
- Failed Sterilization, Wrongful Conception, Duty to Inform and Damages in New Mexico
- Failure of Medical Provider to Properly Screen for Medications
- Failure to Detect and Report Medical Errors Jeopardizes Patient Safety
- Failure to Diagnose and Expert Testimony in New Mexico Emergency Room Medical Malpractice Claim
- Failure to Diagnose and the Discovery Rule in Medical Malpractice Claims
- Failure to Diagnose Heart Attack
- Failure to Diagnose Medical Malpractice Claims: Not as Easy as One Might Think
- Failure to Diagnose Not Uncommon: Patients Must Protect Themselves!
- Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
- Failure to Screen for and Monitor Drug Interactions May Constitute Medical Malpractice
- Falsification of VA Medical Records and Statutes of Limitations for Medical Malpractice Claims
- Filing Requirements on Medical Malpractice Claims Against the VA
- Fraudulent Concealment of Medical Malpractice in New Mexico
- Gross Medical Negligence Leads to Death of Child in MRI Chamber
- Growing Dangers of Prescription Drug Abuse
- HB 4: New Mexico Civil Rights Act Must Pass to Protect New Mexico Taxpayers
- Hepatitis C: New Mexico and National Epidemic
- High Burden of Proof in New Mexico Birth Injury Lawsuits
- Honoring Veterans – Start with the VA Hospital!
- Hospital Acquired Infections: Is Simple Hygiene Too Much to Ask?
- Hospital Medication Errors More Common Than One Might Think
- Hospital Survival: Essential Strategies
- Hospital Survival: The Numbers
- Hot Coffee and the Medical Malpractice Myth
- House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients
- How in the World Did New Mexico Corrections Department Lose Accreditation from These Folks?
- Immigrant Detainees: A New Cash Cow for Private Prison Contractors
- Independent Intervening Cause/Medical Malpractice in a New Mexico Personal Injury Claim
- Independent Surgery Centers – Low Cost, Higher Risk
- Infant Asphyxia and Hypoxic-Ischemic Encephalopathy
- Information on Pharmaceutical Payments to Doctors Available and Soon to Expand
- Injured Child and Family Awarded $31 Million for Birth Injuries Resulting from Medical Negligence
- Intersection of Criminal and Civil Liability in New Mexico Medical Malpractice
- Investigation and Reporting of New Mexico Prison Suicides
- Joint and Several Liability: Auto Accidents & Negligent Medical Care
- Left Untreated, Severe Jaundice Can Be Very Harmful to Newborns
- Local v. National Standards of Medical Care in Medical Malpractice Claims
- Lost Chance Damages and Failure to Diagnose Cancer
- Malnutrition and Dehydration in Nursing Homes
- Medical Crisis in Immigrant Detention Facilities
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice Claim for Failure to Treat
- Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico
- Medical Malpractice Claims Raise Unique Statute of Limitations Issues
- Medical Malpractice Epidemic Fueled by Lies
- Medical Malpractice for Birth Injuries Bring More Large Verdicts
- Medical Malpractice In New Mexico Prisons and Jails
- Medical Malpractice Peer Review Process Detrimental to Patient Safety
- Medical Malpractice Reform Harms Patients and the Taxpaying Public
- Medical Malpractice Verdict for Brain Damage from Birth Related Infection
- Medical Negligence is Only One (But Significant) Cause of Cerebral Palsy
- Medicare/Medicaid Lien Reduction for Attorney Fees
- MedMal Cap Protection in New Mexico Protects both Doctors and Medical Corporations
- Military Personnel Have No Right to Competent Medical Care and No Right to Answers when Inexcusable Errors Occur
- Minor Infections Lead to Sepsis for Millions
- Misplaced Feeding Tubes – A “Never Event” in Medical Treatment
- Myths of Medical Malpractice Bring Caps Back to Missouri
- National Deluge of Opiates, Causes and Costs
- Negligent Failure to Perform C-sections Resulting in Cerebral Palsy
- New Mexico Corrections Department Cannot be Trusted to Honestly Report COVID-19 Conditions
- New Mexico Court Addresses Statute of Limitations on Negligent Prescription
- New Mexico Highest Rate of Inmates in County Jails
- New Mexico Prison Osteomyelitis Epidemic Spells Medical Negligence
- New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!
- New Techniques to Fight Cerebral Palsy in the Womb
- NMCD Paper Medical Records Serve Goal of Destruction of Evidence
- No Statute Of Limitation Protection Where Wrong Health Care Provider Named Before Medical Review Commission
- Nursing Home Abuse and Medication Issues
- Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!
- Nursing Home Medication Errors
- Obstetrics Medical Malpractice Suits Avoidable Through Training, Preparation and Communication
- Only Financial Penalties for Negligent Medical Providers Improve Patient Safety
- Overprescription of Painkillers – Who is Responsible for the Consequences?
- Oxygen Deprivation at Birth: Cooling Blankets Becoming Standard Treatment
- Patient Advice of Risks and Consent Will Not Bar New Mexico Medical Malpractice Claims
- Patient Falls in Hospitals – Medical Negligence, Simple Negligence?
- Paxil Settlements Near $1 Billion
- Payment of Future Medical Expenses in New Mexico Medical Malpractice Case
- Personal Injury Lawsuit Loans are Very Costly
- Pharmaceutical Companies To Be Required to Report All Payments to Doctors
- Placental Cerebral Infarction – A Serious and Sometimes Avoidable Birth Injury
- Premise of New Mexico Medical Malpractice Act is Flawed Yet Now Expanded
- Prescription Opiates: Profiting America to Death
- Prison Diabetes Emergencies Treated as Disciplinary Matters
- Prison Litigation Reform Act Requires Completion of Grievance Procedures Prior to Lawsuit
- Profit Margins, Negligent Prison Medical Care and New Mexico Taxpayers
- Qualified Immunity for Prison Doctors: A License to Kill
- Radiologist Incompetent to Give Medical Advice
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Risks of Pre-Term C-Section Should be Understood by the Patient
- Risperidone and Gynecomastia in Children
- Scope of Informed Consent in New Mexico Medical Malpractice Cases
- Scope of Informed Consent: Duty to Disclose Physician‘s Background?
- Sepsis Far Too Common in Medical and Other Confined Settings
- Shocking National Data Pale by Comparison to Prison Diabetes Data
- Shoulder Dystocia Can Cause Serious Birh Injuries to Newborns
- Simple Apology Can Avoid Medical Malpractice Lawsuits
- Simple Surgical Checklist Can Save Patient Lives!
- Statute of Limitations Deadlines on Retinopathy of Prematurity Claims
- Statute of Limitations on Personal Injury Cases Involving Children
- Steady Increase in Double Mastectomy Despite Lack of Medical Benefit
- Step by Step: Essential Elements of a Medical Malpractice Claim
- Surgery Centers, Known Risks, Reckless Profiteering
- Surgical “Never Events” – Underreported and Undercompensated
- Systemic Neglect in Military Hospitals and Patient’s Right to Sue
- Systemic Negligence and Medical Malpractice Claims Against the VA Hospital
- The High Costs of Medical Errors on the Healthcare System
- The Many Dangers of Benzodiazepines
- The Myth of the Frivolous Medical Malpractice Lawsuit
- The Need for a Medical Power of Attorney Prior to Hospital Care
- The Power of an Apology: “Sorry Works” in Medical Malpractice Claims
- Tolling of Statute of Limitations is Rare
- Tort Reform and Medical Malpractice After COVID-19
- Tort Reform and The Hypocritic Oath
- Transference Phenomena and Sexual Relations with a Therapist
- Transference Phenomena in the Doctor-Patient Relationship
- Understaffing in New Mexico Prisons Contributes to Inmate Suicides
- Undocumented Immigrants and Medical Malpractice Claims
- Unsatisfactory Elective Surgery Results Does Not Equal Medical Malpractice in New Mexico
- Untreated and Negligently Treated Diabetes in New Mexico Prisons
- Utter Indifference and Incompetence at NMCD Endangering New Mexicans
- VA Driven Opiate and Benzo Crisis Drives Addiction and Overdose Deaths
- VA Hospital Delays in Treatment – Wide Variety of Possible Medical Malpractice Claims
- VA Position On Delayed Treatment and Veteran Deaths Evasive at Best
- Ventilator Associated Pneumonia – Bad But is it a “Never Event”?
- Ventilator-Associated Pneumonia Suggests Medical Negligence!
- Wandering and Eloping From A Nursing Home
Medicare & Medicaid
Negligence
- Bedsores May Be a Sign of More Serious Problems
- Comparative Negligence Decided by Jury in New Mexico Personal Injury Cases
- Comparative Negligence in New Mexico Slip and Fall Claims
- Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case
- Don‘t File Angry! Personal Injury Litigation is Costly and Often Unnecessary
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Employers Protected from Liability for Gross Negligence Toward Employee Safety
- Failure to Diagnose Medical Malpractice Claims: Not as Easy as One Might Think
- Failure to Diagnose Not Uncommon: Patients Must Protect Themselves!
- Fair Settlement of Personal Injury Claims is More Math than Wrath!
- Fraudulent Concealment of Medical Malpractice in New Mexico
- High Burden of Proof in New Mexico Birth Injury Lawsuits
- Ice, Slip & Fall Accidents, and the Duty of Care in New Mexico
- Independent Intervening Cause/Medical Malpractice in a New Mexico Personal Injury Claim
- Infant Asphyxia and Hypoxic-Ischemic Encephalopathy
- Lapse of New Home Warranties Will Not Bar Claims for Construction Defects in New Mexico
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico
- Medical Malpractice Reform Harms Patients and the Taxpaying Public
- Negligence Per Se in New Mexico Auto Accidents
- Negligent Entrustment Claims in New Mexico Auto Accident Cases Cover a Lot of Ground
- New Mexico Dram Shop Liability Extended to Protect Intoxicated Patrons
- New Mexico Family Purpose Doctrine in Auto Accidents
- New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!
- Nursing Home Abuse and Medication Issues
- Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!
- Nursing Home Patient Records Often Neglected and Occasionally Deliberately Falsified
- Obstetrics Medical Malpractice Suits Avoidable Through Training, Preparation and Communication
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Payment of Medical Expense Is Not an Admission of Liability in New Mexico
- Possible Premises Liability Even In Cases of Obvious Hazards
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Slip and Fall Accidents Do Not Always Lead to New Mexico Personal Injury Claims
- Sorting Out Responsibility in a New Mexico Premises Liability Claim
- Spoliation of Evidence Defenses: Homeowners Must Not Destroy Evidence Through Repairs
- Spousal Immunity Issues and Sexually Transmitted Disease within the Marriage
- The High Costs of Medical Errors on the Healthcare System
- The Power of an Apology: “Sorry Works” in Medical Malpractice Claims
- Third Party Liability for Work Related Injuries
- Unattended Cars, Heat and Children: A Deadly Combination!
- Walking on Eggshells in New Mexico Personal Injury Cases
- When An Attorney Is (and Isn‘t) Necessary in a Work-Related Injury Claim
- Worker‘s Compensation Exclusivity for Injuries On the Way to Work!
Negligencia Medica
- Completa Indiferencia e Incompetencia en el NMCD Pone en Peligro a los Nuevos Mexicanos
- Conducta Cumulativa e Daños Punitivos en Casos de Negligencia Médica en Nuevo México
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- La Epidemia de Osteomielitis en las Prisiones de Nuevo México Indica Negligencia Médica
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- Los Inmigrantes Indocumentados y Reclamos de Negligencia Médica
- Requisas Personales Ilegales en las Prisiones de Nuevo Mexico
Negligencia médica de la prisión
- Completa Indiferencia e Incompetencia en el NMCD Pone en Peligro a los Nuevos Mexicanos
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- La Epidemia de Osteomielitis en las Prisiones de Nuevo México Indica Negligencia Médica
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Tortura Médica en las Prisiones de Nuevo México
New Mexico Civil Rights Act
New Mexico Injury Attorney Blog
- “Actual Notice” Under the New Mexico Tort Claims Act
- “Concerned Citizens” Rush to Defense of Negligent Nursing Homes
- “Full and Final Settlement” Means Both Full and Final in New Mexico Personal Injury Claims
- “Heroic” Negligence at the Albuquerque VA Hospital?
- “Low Impact” Does Not Mean Low Injury in Car Accidents
- “Spill on Aisle 7”: The Unexpected Hazards of Shopping
- $54 Million Awarded to Victim of Rape in Group Home
- 10 Good Reasons to Wear a Seatbelt
- 10th Circuit Addresses Medicaid Lien Reduction in Personal Injury Settlements
- 4 Maternal Health Conditions Increase Birth Injury Risks
- 7 Important Tasks and Considerations in an Auto Accident
- A Little Tort Reform with That Tea?
- Actos Bladder Cancer Suits Continue to Mount
- Administrative Claim Requirements in Medical Malpractice Claims Against the VA
- Aided-In-Agency Theory Provides Justice in Civil Rights Cases
- Allowable Expense Under New Mexico Child Support Guidelines
- Another Huge Nursing Home Neglect Verdict Handed Down by Jury
- Are Guns Safer than Hospitals?
- As Bullying Grows in Seriousness and Variety so do the Possible Responses
- Atrocities at the Border: Follow the Money
- Attacks on Patient Safety Coming to a Hospital Near You
- Auto Accidents Resulting from Failure to Maintain Road
- Auto Accidents Top Cause of Work Related Deaths – Options for Recovery Must be Identified
- Bad Faith Insurance Verdict – $12 Million Evidentiary Miscalculation
- Banks Jump on the Personal Injury Bandwagon While Decrying the Trial Lawyers They Fund
- Bar Held Liable for $1 Million in Damages for Negligently Serving Intoxicate Patron
- Be Wary of the Man in the Red Suit at Your Holiday Party!
- Beat Goes on at the Albuquerque Police Department
- Bedsores May Be a Sign of More Serious Problems
- Beware Medicare & Medicaid Liens in Personal Injury Lawsuits
- BP Continues Retreat from Responsibility While Insisting Regulations Hurt Profits?
- BP Distribution Scheme Illustrates Political Priorities and Social Realities
- BP’s Race to the Bottom
- Brain Damage and Immediate Cord Clamping
- Breast Cancer Diagnostic Errors Lead in Medical Malpractice Claims
- Broad Protection for State of New Mexico for Claims by State Employees Narrowed Slightly
- Broad Scope for Lawsuits for Malicious Abuse of Process
- Broken Promises in Slip & Fall Accidents May Result in Punitive Damages in New Mexico
- Burger King Playground Injury Settlement
- Business Owners‘ Duty of Care to Protect Customers from Criminal Acts
- Calculating the Medicare Set-Aside: Start Early!
- Cap on Medical Malpractice Damages Found Not to Violate Right to Jury Trial
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Caps on Claims Against Governmental Entities are Unfair but Enforceable
- Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs
- Caps on Punitive Damages: Great for Business, Bad for Everyone Else
- Car Accident Defenses: Contributory and Comparative Negligence
- Car Accidents: A Leading Cause of Death in Teens
- Catholic Hospitals Threaten the Lives of Pregnant Women
- Causation in a Personal Injury Case – Not Always as Simple as it Seems
- Centurion Out as Medical Provider for Metropolitan Detention Center
- Cerebral Palsy Risk Factors and the Duty of Care of Medical Providers
- Cesarean Sections: An Essential Tool in Prevention of Cerebral Palsy
- Change In Evidence Requirements For Dram Shop Claims
- Chemical Restraint of Child Refugees Separated from Parents
- Civil Conspiracy to Harm Immigrant Detainees
- Civil Liability for the Wrongful Death of a Child Caused by Bullying?
- Claims of Progress at VA Hospitals Suggest Pervasive Past Violations of Duty of Care
- Client‘s Authority to Settle Required for Settlement of Claims in New Mexico
- CMS’ List of Inexcusable Hospital-Acquired Conditions Targeted for Non-Payment
- CMS’s Renewed Public Reporting of Hospital-Acquired Conditions Falls Short
- Collecting & Preserving Evidence in a Personal Injury Claim
- Coming Wave of Attacks on Innocent Patients and Families
- Community Property Issues in New Mexico Personal Injury Lawsuits
- Company Liability for Employee Negligence Under Respondeat Superior
- Comparative Negligence Decided by Jury in New Mexico Personal Injury Cases
- Comparative Negligence in New Mexico Slip and Fall Claims
- Concealing Preexisting Injuries Can Seriously Harm a New Mexico Personal Injury Claim
- Congress Ignores Dangers of Excessive Trucking Hours
- Congress Recognizes Medical Malpractice Epidemic and Does What Now?
- Cons, Big Cons and Medical Malpractice Reform
- Consideration of Costs in Personal injury Claims
- Construction Accident Fatality Results in Settlement with Contractor and Sub-Contractors
- Contact Governor on New Mexico Civil Rights Act
- Continued Push for Liability Caps Despite Widespread Medical Errors and Decline in Medical Malpractice Claims
- Continuing Health Insurance: A Critical Issue in New Mexico Divorces
- Corporate Exploitation of Mental Illness for Fun and Profit
- Cost Cutting Risks Lives in Nursing Home Care
- Costly Contradictions of “Online Privacy”
- Court Protections for Minors in New Mexico Personal Injury Settlements
- Criminal Penalties for Off-Label Drug Marketing: Will They Make a Difference?
- Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México
- Cruel and Dangerous Presumption of Malingering in Prisoner Medical Care
- Culture of Violence at the Albuquerque Police Department – Will it Change and When?
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- Cumulative Conduct and Punitive Damages in New Mexico Medical Malpractice Cases
- Cyberbullying Lawsuits Insurance Coverage
- Dangerous Recreational Activities and Assumption of Risk
- Dangerous Withdrawal Risks from Benzodiazepines
- Deadlines are Short in Suits Against the Government in New Mexico
- Deadlines on Excessive Force Claims Against the Albuquerque Police Department
- Deliberate Indifference of Prisoner’s Serious Medical Needs
- Denial of Legal Counsel to Solitary Inmates in NMCD’s X-Pod
- Diminution of Vehicle Value Following Auto Accidents in New Mexico
- Disability Video Surveillance in Personal Injury Suits
- Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
- Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case
- Disclosure Requirements for Rejection of Uninsured/Underinsured Coverage Ill-Defined
- Discovery Abuse May Lead to Dismissal of Claims in the 10th Circuit
- Discovery in a Personal Injury Lawsuit: Often Difficult and Expensive but Always Necessary!
- Divorce Following a Health Scare or Disability – A Growing Trend!
- DIY Tort Claims Notice in New Mexico
- Doctor Duty to Inform Patient of Need for Specialist? Yes, but…
- Doctor’s Duty to Conduct Breast Cancer Risk Assessment
- Doctors Beware Following Catholic Miscarriage Religious Precepts
- Don‘t File Angry! Personal Injury Litigation is Costly and Often Unnecessary
- Don‘t Get Lured Into Waiver of Uninsured/Underinsured Motorist Coverage
- Dram Shop Liability Issues Not Always Apparent
- Dram Shop Liability: Shifting Burden of Proof
- Drive-By Doctoring – Options for Protection of New Mexico Patients
- Driver Inattention: Mobile Phones and Texting Major Cause of Auto Accidents
- Driver’s Duty to Pedestrians
- Drowsiness Significant Cause of Truck Accidents
- Drunk Driving Auto Accidents: Scope of Passenger Liability in New Mexico
- Duty of Care, Damages and Preexisting Conditions in New Mexico Medical Malpractice Claim
- Duty to Provide Fall Protection in Work Areas
- DWI During the Holidays – It’s Not Worth It!
- DWI Offender Convicted of Vehicular Homicide Sues Bars & Drinking Buddy
- Early Detection of Breast Cancer & VA Hospital Delays, Negligence and Deliberate Neglect
- Early Investigation of Construction Defects is Important for Homeowner Claims in New Mexico
- Eco-Friendly Shopping, Shoplifting Charges and Personal Injury Claims: Tis the Season
- Effective Date, Acts and Omissions Under New Mexico Civil Rights Act
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- Elements of Cyberbully Defamation Lawsuit
- Elevated Body Temperatures Associated with Epidurals Can Lead to Birth Injuries
- Eleventh Circuit Addresses Medicare‘s Responsbilities in Lien Negotiation
- Emergency Grievance Procedure – New Mexico Department of Corrections
- Emergency Medical Care and Emergency Transport in New Mexico’s Prisons
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Emergency Room Visits Hasten Health Decline in Elderly
- Employer Liability for DWI Accidents Part 1: Scope of Employment
- Employer Liability for DWI Accidents Part 2: Negligent Entrustment
- Employer Liability for Texting Employees
- Employer Responsibility for Worker Safety? No, But Thanks for Playing.
- Employer Vicarious Liability for Employee/Agent Civil Rights Violations
- Employers Generally Not Liable for After Hours Actions of Employees
- Employers Protected from Liability for Gross Negligence Toward Employee Safety
- Essential Patient Safety Rule #1: Identify the Patient and the Medical Issues
- Evidence of the Plaintiff‘s Criminal Past in Personal Injury Cases
- Extension of Statute of Limitations in New Mexico for Cases Originally Filed in the Wrong Court
- Failed Sterilization, Wrongful Conception, Duty to Inform and Damages in New Mexico
- Failure of Medical Provider to Properly Screen for Medications
- Failure to Address Estate and Insurance Beneficiaries in Divorce can Lead to Unintended Asset Distributions
- Failure to Detect and Report Medical Errors Jeopardizes Patient Safety
- Failure to Diagnose and Expert Testimony in New Mexico Emergency Room Medical Malpractice Claim
- Failure to Diagnose and the Discovery Rule in Medical Malpractice Claims
- Failure to Diagnose Heart Attack
- Failure to Diagnose Medical Malpractice Claims: Not as Easy as One Might Think
- Failure to Diagnose Not Uncommon: Patients Must Protect Themselves!
- Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
- Failure to Screen for and Monitor Drug Interactions May Constitute Medical Malpractice
- Fair Settlement of Personal Injury Claims is More Math than Wrath!
- Falsification of VA Medical Records and Statutes of Limitations for Medical Malpractice Claims
- Federal Court Forces Insurance Company to Provide Uninsured Motorist Benefits
- Filing Requirements on Medical Malpractice Claims Against the VA
- Financial Abuse and Exploitation in Nursing Homes
- Financial Recovery After Divorce: There is a Light at the End of the Tunnel
- FMCSA Interventions for Unsafe Trucking and Bus Carriers
- Ford Settles Defective Product Lawsuit with Woman Left Paralyzed in Auto Accident
- Fraudulent Concealment of Medical Malpractice in New Mexico
- Good Neighbors Carry Homeowner‘s Insurance
- Gross Medical Negligence Leads to Death of Child in MRI Chamber
- Ground Zero Settlement: Is it Fair?
- Growing Dangers of Prescription Drug Abuse
- Growing Perils of Social Media – Your Insurer is Watching!
- Guards and Inmates Both Locked Away and Forgotten
- Hands-Free Mobile Creates Illusion of Safety
- Hazardous Crosswalks/Pedestrian Accidents in New Mexico
- HB 4: New Mexico Civil Rights Act Must Pass to Protect New Mexico Taxpayers
- Health Insurance and the Parenting Plan
- Hepatitis C: New Mexico and National Epidemic
- Hidden Cameras Play Role In Nursing Home Abuse & Neglect Cases
- High Burden of Proof in New Mexico Birth Injury Lawsuits
- Homeowners, Holidays and Hounds
- Honoring Veterans – Start with the VA Hospital!
- Hospital Acquired Infections: Is Simple Hygiene Too Much to Ask?
- Hospital Medication Errors More Common Than One Might Think
- Hospital Survival: Essential Strategies
- Hospital Survival: The Numbers
- Host Liability for Holiday Parties in New Mexico
- Hot Coffee and the Medical Malpractice Myth
- House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients
- How in the World Did New Mexico Corrections Department Lose Accreditation from These Folks?
- Huge Nursing Home Verdict Brings Predictable Cries for Tort Reform
- Huge Verdict In Trucking Accident Involving Texting Truck-Driver
- Hypertexting & Hypernetworking: Busy Hands are the Workshop of the Devil?
- Ice, Slip & Fall Accidents, and the Duty of Care in New Mexico
- Illegal Strip Searches in New Mexico Prisons
- Immigrant Detainees: A New Cash Cow for Private Prison Contractors
- Immigrant Workers Have Same Rights as Others in Work Accidents
- Immunity of State of New Mexico for Unsafe Road Turns on Distinction Between Design and Maintenance
- Important to Address Health Insurance in the Marital Settlement Agreement to Avoid a Lapse in Coverage
- Independent Intervening Cause/Medical Malpractice in a New Mexico Personal Injury Claim
- Independent Surgery Centers – Low Cost, Higher Risk
- Infant Asphyxia and Hypoxic-Ischemic Encephalopathy
- Information on Pharmaceutical Payments to Doctors Available and Soon to Expand
- Injured Child and Family Awarded $31 Million for Birth Injuries Resulting from Medical Negligence
- Injured Subcontractor Employees May Have Claims Against Negligent Contractor – It’s a Matter of Control!
- Inmigrantes Detenidos: Nuevo Puerquito para Contratistas Privados de Cárceles
- Insurance Company Medical Records Review in Personal Injury Cases
- Insurance Company Reimbursement under the “Common Fund Doctrine”
- Insurance Coverage Options For A Pedestrian-Auto Accident
- Intentional Infliction of Emotional Distress Claims in New Mexico
- Intentional Torts and the Judgment Proof Defendant
- Intentional Torts of Spouse May Lead to Personal Injury Claims and Punitive Damages in New Mexico
- Internet Monitoring Services Keep Parents In the Loop
- Intersection of Criminal and Civil Liability in New Mexico Medical Malpractice
- Investigation and Reporting of New Mexico Prison Suicides
- Investors and Banks Dump Private Prison Industry, New Mexico Sticks Embraces It
- Joint and Several Liability: Auto Accidents & Negligent Medical Care
- Knowledge and Ability to Prevent Harm Key to Governmental Premises Liability Claim in New Mexico
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- Lapse of New Home Warranties Will Not Bar Claims for Construction Defects in New Mexico
- Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
- Law Prohibiting Texting and Driving Signed Into Law in New Mexico
- Left Untreated, Severe Jaundice Can Be Very Harmful to Newborns
- Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents
- Legal Claims for Bad Faith or Malicious Reporting of Child Abuse
- Liability Before Damages – Sometimes Accidents Just Happen!
- Liability of Negligent Family Member Driver to Other Family Member Passengers in an Auto Accident
- Lien Negotiation in a Personal Injury Case
- Little Guy Is Running Out of Options
- Loans to Clients on New Mexico Personal Injury Claims Strictly Prohibited
- Local v. National Standards of Medical Care in Medical Malpractice Claims
- Loss of Consortium Claims in New Mexico
- Loss of Consortium Claims: Discovery Can be Brutal
- Lost Chance Damages and Failure to Diagnose Cancer
- Making Things Right with the BP Gulf Disaster!
- Malnutrition and Dehydration in Nursing Homes
- Mandatory Arbitration Ruling is Victory for Victims of Nursing Home Negligence and Abuse
- Maximum Medical Improvement and Your New Mexico Personal Injury Settlement
- Medicaid Liens: What is the Obligation in a Personal Injury Settlement?
- Medical Crisis in Immigrant Detention Facilities
- Medical Insurance Subrogation Interests in New Mexico Personal Injury Cases
- Medical Liens Can be Half the Battle in a New Mexico Personal Injury Case
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice Claim for Failure to Treat
- Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico
- Medical Malpractice Claims Raise Unique Statute of Limitations Issues
- Medical Malpractice Epidemic Fueled by Lies
- Medical Malpractice for Birth Injuries Bring More Large Verdicts
- Medical Malpractice In New Mexico Prisons and Jails
- Medical Malpractice Peer Review Process Detrimental to Patient Safety
- Medical Malpractice Reform Harms Patients and the Taxpaying Public
- Medical Malpractice Verdict for Brain Damage from Birth Related Infection
- Medical Negligence is Only One (But Significant) Cause of Cerebral Palsy
- Medical Personnel in NMCD Face Challenges in Claims for Failed Response to COVID-19
- Medical Torture in New Mexico Prisons
- Medicare Liens Including Medicare Set Asides Apply to Medical Damages Only!
- Medicare/Medicaid Lien Reduction for Attorney Fees
- MedMal Cap Protection in New Mexico Protects both Doctors and Medical Corporations
- Military Personnel Have No Right to Competent Medical Care and No Right to Answers when Inexcusable Errors Occur
- Mine Safety? Shareholders Meet the Trial Attorneys!
- Minor Infections Lead to Sepsis for Millions
- Misplaced Feeding Tubes – A “Never Event” in Medical Treatment
- Mitigation of Damages in New Mexico Personal Injury Claims
- Motion for Arbitration by Defendant Does Not Automatically Halt Pending Nursing Home Lawsuit
- Myths of Medical Malpractice Bring Caps Back to Missouri
- National Deluge of Opiates, Causes and Costs
- Navigating New Mexico Department of Corrections Grievance Process
- Negligence Per Se in New Mexico Auto Accidents
- Negligent Entrustment Claims in New Mexico Auto Accident Cases Cover a Lot of Ground
- Negligent Failure to Perform C-sections Resulting in Cerebral Palsy
- Negligent Sale of Consumer Goods
- New Mexico Civil Rights Act Only First Step to Reform State’s Prisons
- New Mexico Civil Rights Bill: Letter to Senate Health and Public Affairs Committee
- New Mexico Corrections Department Cannot be Trusted to Honestly Report COVID-19 Conditions
- New Mexico Corrections Department Medical Grievance System Corrupt and Unconstitutional
- New Mexico Corrections Department Unfit to Handle COVID-19 Crisis
- New Mexico Court Addresses Statute of Limitations on Negligent Prescription
- New Mexico Court Takes #5 Honors on List of Judicial Hellholes
- New Mexico Dram Shop Liability Extended to Protect Intoxicated Patrons
- New Mexico Employers Not Protected from Work Injury Lawsuits in the Absence of Worker‘s Compensation Insurance
- New Mexico Family Purpose Doctrine in Auto Accidents
- New Mexico Highest Rate of Inmates in County Jails
- New Mexico Inmate COVID 19 Lawsuits
- New Mexico Inspection of Public Records Act’s (IPRA) Wide Scope
- New Mexico Laws on Rejection of Uninsured/Underinsured Motorist Coverage are Retroactive
- New Mexico Leads the Nation in Uninsured Motorist
- New Mexico Premises Liability (Slip and Fall) Claims on City Sidewalks
- New Mexico Prison Osteomyelitis Epidemic Spells Medical Negligence
- New Mexico Retreat Law Reviewed in Light of the Trayvon Martin Case
- New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!
- New Mexico Supreme Court Expands Scope of Law on Rejection of UM/UIM Coverage
- New Mexico Supreme Court Limits Tribal Sovereign Immunity in Casino Dram Shop Cases
- New Mexico’s Prison Population Increases as National Numbers Go Down
- New Mexico’s Relationship with Private Prison Contractors
- New Techniques to Fight Cerebral Palsy in the Womb
- NMCD Guards and Staff: Legal Claims for Lack of Preparation and Response to COVID-19
- NMCD Paper Medical Records Serve Goal of Destruction of Evidence
- No Statute Of Limitation Protection Where Wrong Health Care Provider Named Before Medical Review Commission
- No Wiggle Room for Late Insurance Premiums in New Mexico
- Notice Requirements in New Mexico Uninsured/Underinsured Motorist Cases
- Notification of Insurance Company on Personal Injury Claims
- Nursing Home Abuse and Medication Issues
- Nursing Home Arbitration Clause Treated Like Any Other New Mexico Contract
- Nursing Home Arbitration Provisions Must Not be “Unfairly” One-Sided in New Mexico
- Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!
- Nursing Home Medication Errors
- Nursing Home Patient Records Often Neglected and Occasionally Deliberately Falsified
- Obstetrics Medical Malpractice Suits Avoidable Through Training, Preparation and Communication
- Oil and Gas Facilities Pose Significant Risks to the Public When Not Properly Maintained
- Oil is Slippery, BP is Slippery‘er!
- Ongoing Illegal Strip Searches Lead to Class Action Settlement
- Only Financial Penalties for Negligent Medical Providers Improve Patient Safety
- Opiate Use in the Veteran’s Administration System
- Optional Auto Insurance Coverage Often the Most Beneficial to Your Family
- Outside Influence of Jurors Growing Problem in Jury Trials
- Outside Jury Influence Difficult Challenge with Rise of Mobile Technology and Social Media
- Over-Served Intoxicated Patrons May Bring Their Own New Mexico Dram Shop Claims for Injuries
- Overprescription of Painkillers – Who is Responsible for the Consequences?
- Oxygen Deprivation at Birth: Cooling Blankets Becoming Standard Treatment
- Parent Liability for the Negligence of a Child in New Mexico
- Parole Terms Subject to Abusive and Potentially Racist Enforcement
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Patient Advice of Risks and Consent Will Not Bar New Mexico Medical Malpractice Claims
- Patient Falls in Hospitals – Medical Negligence, Simple Negligence?
- Paxil Settlements Near $1 Billion
- Paying Medical Bills Pending A Car Accident Settlement
- Paying Your Bills While a Personal Injury Lawsuit is Pending in New Mexico
- Payment of Future Medical Expenses in New Mexico Medical Malpractice Case
- Payment of Medical Expense Is Not an Admission of Liability in New Mexico
- Personal Injury Claims May Arise from Breach of Warranty with Extended Statute of Limitations
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Personal Injury Judgments: Winning and Collecting Can be Two Very Different Things
- Personal Injury Lawsuit Loans are Very Costly
- Personal Injury Liability Releases Strictly Limited in New Mexico
- Personal Injury, Insurance Coverage and the Lies of Tort Reform
- Personal Liability Associated with Non-Profit Board Membership
- Personal Umbrella Insurance Coverage is Good For Everyone Involved in a Serious Accident
- Pharmaceutical Companies To Be Required to Report All Payments to Doctors
- Placental Cerebral Infarction – A Serious and Sometimes Avoidable Birth Injury
- Possible Premises Liability Even In Cases of Obvious Hazards
- Post at Your Own Risk! Social Media Discoverable in Litigation
- Post-Traumatic Stress Disorder Among Correctional Officers
- Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims
- Pre-Existing Injuries Present Challenges in New Mexico Personal lnjury Claims
- Preexisitng Conditions & Eggshell Plaintiff in New Mexico Personal Injury Claim
- Premise of New Mexico Medical Malpractice Act is Flawed Yet Now Expanded
- Premises Liability Claims Against NMCD
- Prescription Opiates: Profiting America to Death
- Preterm Births: A Growing Health and Economic Crisis
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
- Prison Diabetes Emergencies Treated as Disciplinary Matters
- Prison Litigation Reform Act Requires Completion of Grievance Procedures Prior to Lawsuit
- Profit Margins, Negligent Prison Medical Care and New Mexico Taxpayers
- Proof of Causation in Personal Injury Actions: “But For” Analysis Under New Mexico Law
- Proper Equipment Maintenance Critical To Safe Work Environment in the Oil and Gas Industry
- Protection of Sensitive Health Records in a Personal Injury Case
- Protections of New Mexico Workers‘ Compensation Act Waived for Non-Compliant Employers
- Punitive Damages in New Mexico: What is Reasonable?
- Qualified Immunity for Prison Doctors: A License to Kill
- Quick Overview of New Mexico Whistleblower Act
- Radiologist Incompetent to Give Medical Advice
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Recalls and the Economics of Death
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Recorded Statements in an Auto Accident Case
- Recovery For Injuries Sustained While Visiting a Friend or Relative
- Recovery of Lost Wages in a Personal Injury Case
- Recovery of Punitive Damages Under Uninsured/Underinsured Motorists Coverage
- Recovery Under Underinsured Motorist Coverage Not Constrained by Punitive Damage Exclusion of Underinsured Driver
- Reduction of Medicare/Medicaid Liens on Personal Injury Funds for Unrelated Medical Expenses
- Reexamined Duty of Care in New Mexico Personal Injury Lawsuits
- Regarding Statute of Limitations Issues in New Mexico, a Rose is a Rose…
- Rejection of UM/UIM Coverage Must be in Writing but Need Not be Signed by Insured??
- Rejection of Underinsured Insurance Coverage is No Good Unless Attached to the Policy
- Responsibility for Sidewalks in Albuquerque
- Ride-Hailing Accident Claims
- Risks of Pre-Term C-Section Should be Understood by the Patient
- Risperidone and Gynecomastia in Children
- Road Rage and Auto Accident Insurance Coverage
- Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!
- Scope of COVID in New Mexico Prisons Likely Understated
- Scope of Informed Consent in New Mexico Medical Malpractice Cases
- Scope of Informed Consent: Duty to Disclose Physician‘s Background?
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Sepsis Far Too Common in Medical and Other Confined Settings
- Service of Alcohol to Minors Leads to Tragic DWI/DUI Auto Accident
- Several Possible Claims and Defendants in New Mexico Jail Suicide Case
- Sex Torts: Just Desserts?
- Sexual Assault and Abuse in ICE Detention Facilities
- Shocking National Data Pale by Comparison to Prison Diabetes Data
- Shoulder Dystocia Can Cause Serious Birh Injuries to Newborns
- Sibling Loss of Consortium Cases in New Mexico
- Significant Burden on Plaintiff When Adding Defendants After Statute of Limitations Has Run
- Signs of New Home Construction Defects
- Simple Apology Can Avoid Medical Malpractice Lawsuits
- Simple Math on Diabetes and Actos Bladder Cancer Dangers
- Simple Surgical Checklist Can Save Patient Lives!
- Slip and Fall Accidents Do Not Always Lead to New Mexico Personal Injury Claims
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Social Media in the Personal Injury Discovery Process
- Social Media Puts Courts Behind Technology
- Solitary Confinement by any name is Solitary Confinement
- Solitary Confinement for Pregnant Women, Children and the Mentally Ill in the Land of Enchantment
- Solutions for Small Businesses Harmed by BP Disaster? Let‘s Redefine “Small Business”
- Sorting Out Responsibility in a New Mexico Premises Liability Claim
- Spoliation of Evidence Defenses: Homeowners Must Not Destroy Evidence Through Repairs
- Spousal Immunity Issues and Sexually Transmitted Disease within the Marriage
- Stacking Allowed With Improper Rejection of Uninsured/Underinsured Coverage
- Stacking of Insurance Coverage in New Mexico Limited to Uninsured/Underinsured Coverage
- Stacking Uninsured/Underinsured Motorist Coverage in New Mexico
- States Fight Back Against Big Pharma on Opioids
- Statute of Limitations Deadlines on Retinopathy of Prematurity Claims
- Statute of Limitations New Mexico Section 1983 Civil Rights Claims
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
- Statute of Limitations on Personal Injury Cases Involving Children
- Steady Increase in Double Mastectomy Despite Lack of Medical Benefit
- Step by Step: Essential Elements of a Medical Malpractice Claim
- Steps in Suing New Mexico Prisons and Jails
- Steps Necesssary to Prove Your Damages in a New Mexico Personal Injury Case
- Strict Product Liability Despite Modifications by User
- Subrogation Rights in a New Mexico Personal Injury Claim
- Suicide in Local Jails – Minimal Policies and Procedures for Protection of Inmates
- Suicide in Local Jails Preventable Yet Far Too Common
- Summary of Findings from the Department of Justice Investigation of the Albuquerque Police
- Summary of New Mexico Civil Rights Act
- Surgery Centers, Known Risks, Reckless Profiteering
- Surgical “Never Events” – Underreported and Undercompensated
- Systemic Neglect in Military Hospitals and Patient’s Right to Sue
- Systemic Negligence and Medical Malpractice Claims Against the VA Hospital
- Task Number 1 in an Auto Accident – Prove the Fault of the Other Driver!
- Taxpayers Will Bear the Brunt of BP‘s Failures
- Teen Driver Safety
- Teen Suicide Warning Signs
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Texting & Driving Don‘t Mix
- Texting Liability for Remote Senders: Will This Be a Trend?
- That‘s Not Cake the Chamber of Commerce Would Have Us Eat!
- The Basics of Homeowner‘s Insurance
- The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
- The High Costs of Medical Errors on the Healthcare System
- The Importance of MedPay Insurance Coverage in Car Accidents
- The Limits of Insurance Coverage in a New Mexico Auto Accident
- The Many Dangers of Benzodiazepines
- The Many Signs of Nursing Home Abuse
- The Myth of the Frivolous Medical Malpractice Lawsuit
- The Myth of the Medical Malpractice Crisis Lives On While Insurance Companies Earn Record Profits
- The Need for a Medical Power of Attorney Prior to Hospital Care
- The Oil and Gas Industry Can Be a Dangerous Place for Workers
- The Potential Costs of “Cool” Parenting are High During High School Graduation Season
- The Power of an Apology: “Sorry Works” in Medical Malpractice Claims
- The Sale of Alcohol to Interlock Licensed Drivers is Indefensible
- The Shame of Prison Privatization and the Treatment Industrial Complex
- Third Party Liability for Work Related Injuries
- Third Party Liability in Construction Accident Avoids Limits of Workers Compensation Laws
- Tolling of Statute of Limitations is Rare
- Tort Claims Notice Requirements: Contents & Delivery of the Notice
- Tort Reform and Medical Malpractice After COVID-19
- Tort Reform and The Hypocritic Oath
- Tort Reform Ignores Bad Corporate Behavior: Case in Point, Toyota!
- Train, Pay and Staff Guards to Reflect the Importance of the Job
- Transference Phenomena and Sexual Relations with a Therapist
- Transference Phenomena in the Doctor-Patient Relationship
- Tribal Immunity Can Extend to Car Accidents on New Mexico State Roads
- Trucking Accident Investigations Should Begin Immediately
- Trucking Accidents and Meth Usage: Respondeat Superior Still Applies in New Mexico
- Trucking Accidents Met with Denial of Responsibility
- Trucking Accidents: File Suit, Ask Questions Later
- Trucking COMPLIANCE, SAFETY and ACCOUNTABILITY (CSA)
- Trucks Just Got a Lot More Dangerous with Worst Still to Come
- UIM Carrier Approval Required for Policy Limits Settlement
- Unattended Cars, Heat and Children: A Deadly Combination!
- Underinsured Coverage Stacks on Newly Acquired Vehicle and Replaced Vehicle During Grace Period
- Underinsured Motorist Coverage Imputed for Property Damage in Absence of Signed Rejection
- Underinsured Motorist Coverage: Don‘t Leave Home Without It
- Underinsured Motorists Insurance Coverage: Consent to Settle Requirement
- Understaffing in New Mexico Prisons Contributes to Inmate Suicides
- Undocumented Immigrants and Medical Malpractice Claims
- Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
- Uninsured/Underinsured Motorists Coverage Beyond U.S. Borders
- Unsatisfactory Elective Surgery Results Does Not Equal Medical Malpractice in New Mexico
- Untreated and Negligently Treated Diabetes in New Mexico Prisons
- Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
- Using Life Insurance to Secure Child Support in New Mexico
- Utter Indifference and Incompetence at NMCD Endangering New Mexicans
- VA Driven Opiate and Benzo Crisis Drives Addiction and Overdose Deaths
- VA Hospital Delays in Treatment – Wide Variety of Possible Medical Malpractice Claims
- VA Position On Delayed Treatment and Veteran Deaths Evasive at Best
- Valuation of Personal Injury Claims in an Auto Accident: You are Not Just a Number!
- Valuation of Personal Injury Claims Not Always Strictly About the Numbers
- Valuation of Your Personal Injury Claims
- Ventilator Associated Pneumonia – Bad But is it a “Never Event”?
- Ventilator-Associated Pneumonia Suggests Medical Negligence!
- Walking on Eggshells in New Mexico Personal Injury Cases
- Wandering and Eloping From A Nursing Home
- Warning Signs of Concussion Important to Watch in Children
- When An Attorney Is (and Isn‘t) Necessary in a Work-Related Injury Claim
- Whistleblower Protection for At-Will Employees in New Mexico
- Work Injuries, Contractors and Personal Injury Lawsuits in New Mexico
- Work Related Auto Accident Injuries and Employer Uninsured/Underinsured Motorist Coverage
- Worker‘s Compensation Exclusivity for Injured Workers Hard to Overcome
- Worker‘s Compensation Exclusivity for Injuries On the Way to Work!
- Workers Receive $100 Million in Punitive Damages for Injuries Suffered From Chemical Exposure
- Wrongful Termination by way of Illegal Constructive Discharge
- Wrongfully Imprisoned Man Awarded $18.5 Million by Jury Following 12 Years in Prison and Years of Civil Rights Litigation
Nursing Home Negligence & Abuse
- “Concerned Citizens” Rush to Defense of Negligent Nursing Homes
- $54 Million Awarded to Victim of Rape in Group Home
- Another Huge Nursing Home Neglect Verdict Handed Down by Jury
- Bedsores May Be a Sign of More Serious Problems
- Cost Cutting Risks Lives in Nursing Home Care
- Eleventh Circuit Addresses Medicare‘s Responsbilities in Lien Negotiation
- Financial Abuse and Exploitation in Nursing Homes
- Hidden Cameras Play Role In Nursing Home Abuse & Neglect Cases
- Huge Nursing Home Verdict Brings Predictable Cries for Tort Reform
- Malnutrition and Dehydration in Nursing Homes
- Mandatory Arbitration Ruling is Victory for Victims of Nursing Home Negligence and Abuse
- Motion for Arbitration by Defendant Does Not Automatically Halt Pending Nursing Home Lawsuit
- Nursing Home Abuse and Medication Issues
- Nursing Home Arbitration Clause Treated Like Any Other New Mexico Contract
- Nursing Home Arbitration Provisions Must Not be “Unfairly” One-Sided in New Mexico
- Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!
- Nursing Home Medication Errors
- Nursing Home Patient Records Often Neglected and Occasionally Deliberately Falsified
- Sepsis Far Too Common in Medical and Other Confined Settings
- The Many Signs of Nursing Home Abuse
- Wandering and Eloping From A Nursing Home
Penalties & Consequences
- A Surprising Source of Reason in the Marijuana Debate
- Albuquerque and New Mexico Slow to Adopt Trend Toward Decriminalization of Marijuana
- Armed Forces Eligibility Consequences of Criminal Convictions
- Blanket Employer Discrimination for Arrest Record (v. Conviction) Violates Title VII
- Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties
- Collateral Employment Consequences of Criminal Convictions
- Conditional Discharge Does Not Clean the Slate in New Mexico
- Crackdown on DWI Continues in New Mexico With Increasing Penalties for Probation Violations
- Criminal v. Civil Domestic Violence Charges in New Mexico
- Domestic Violence Early Intervention Programs in New Mexico
- Domestic Violence Immigration Consequences
- Double Jeopardy Issue Addressed in New Mexico Habitual Sentencing Case
- Driver’s License Revocation Almost Certain with DWI Arrest in New Mexico
- Even Innocent Violations of Orders of Protection Can Have Consequences in New Mexico
- Felony Domestic Violence: Aggravated Assault Against a Household Member
- Felony Pre Prosecution Probation Programs in New Mexico
- Firearm Sentencing Enhancement in New Mexico
- Firearms and Domestic Violence: A Toxic Mix
- First Time DWI: What to Expect in New Mexico?
- Hot Checks: Poor Bookkeeping is No Defense in New Mexico
- House Defunds DEA Medical Marijuana Raids – Progress But By No Means Enough!
- Immigration Consequences: Deportation for Minor New Mexico Criminal Offenses
- International Drug Policy Reform Conference To Be Held in Albuquerque
- Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico
- Legalization of Marijuana Picks Up Steam While Enforcement Stays the Course in New Mexico
- Lifting the Domestic Violence No-Contact Order is Not as Clear Cut as One Might Imagine
- Marijuana Use Accepted – Possession of Marijuana is Still Aggressively Prosecuted
- No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders
- Repeat DWI/DUI Offenders Face Certain Jail Time: How Much is Up to Them
- Stalking Quickly Escalates to Felony Charges in New Mexico
- Terms of Probation and Parole Geared Toward Failure
- The Perils of Driving on a Revoked or Suspended License in New Mexico
- Tougher DWI/DUI Bill Stalls in New Mexico Senate
Personal Injury
- “Actual Notice” Under the New Mexico Tort Claims Act
- “Full and Final Settlement” Means Both Full and Final in New Mexico Personal Injury Claims
- CMS’ List of Inexcusable Hospital-Acquired Conditions Targeted for Non-Payment
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- DIY Tort Claims Notice in New Mexico
- Early Detection of Breast Cancer & VA Hospital Delays, Negligence and Deliberate Neglect
- Extension of Statute of Limitations in New Mexico for Cases Originally Filed in the Wrong Court
- Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
- Filing Requirements on Medical Malpractice Claims Against the VA
- House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients
- Immigrant Workers Have Same Rights as Others in Work Accidents
- Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
- Lien Negotiation in a Personal Injury Case
- Loans to Clients on New Mexico Personal Injury Claims Strictly Prohibited
- Maximum Medical Improvement and Your New Mexico Personal Injury Settlement
- Medical Malpractice In New Mexico Prisons and Jails
- Oil and Gas Facilities Pose Significant Risks to the Public When Not Properly Maintained
- Parent Liability for the Negligence of a Child in New Mexico
- Patient Advice of Risks and Consent Will Not Bar New Mexico Medical Malpractice Claims
- Paying Your Bills While a Personal Injury Lawsuit is Pending in New Mexico
- Personal Injury Claims May Arise from Breach of Warranty with Extended Statute of Limitations
- Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims
- Premise of New Mexico Medical Malpractice Act is Flawed Yet Now Expanded
- Proper Equipment Maintenance Critical To Safe Work Environment in the Oil and Gas Industry
- Protection of Sensitive Health Records in a Personal Injury Case
- Protections of New Mexico Workers‘ Compensation Act Waived for Non-Compliant Employers
- Quick Overview of New Mexico Whistleblower Act
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Recovery For Injuries Sustained While Visiting a Friend or Relative
- Reexamined Duty of Care in New Mexico Personal Injury Lawsuits
- Regarding Statute of Limitations Issues in New Mexico, a Rose is a Rose…
- Social Media in the Personal Injury Discovery Process
- Statute of Limitations on Personal Injury Cases Involving Children
- Whistleblower Protection for At-Will Employees in New Mexico
Personal Injury & Wrongful Death Legal Process
- As Bullying Grows in Seriousness and Variety so do the Possible Responses
- Banks Jump on the Personal Injury Bandwagon While Decrying the Trial Lawyers They Fund
- Beware Medicare & Medicaid Liens in Personal Injury Lawsuits
- Broad Scope for Lawsuits for Malicious Abuse of Process
- Calculating the Medicare Set-Aside: Start Early!
- Client‘s Authority to Settle Required for Settlement of Claims in New Mexico
- Collecting & Preserving Evidence in a Personal Injury Claim
- Community Property Issues in New Mexico Personal Injury Lawsuits
- Concealing Preexisting Injuries Can Seriously Harm a New Mexico Personal Injury Claim
- Costly Contradictions of “Online Privacy”
- Deadlines are Short in Suits Against the Government in New Mexico
- Disability Video Surveillance in Personal Injury Suits
- Discovery Abuse May Lead to Dismissal of Claims in the 10th Circuit
- Don‘t File Angry! Personal Injury Litigation is Costly and Often Unnecessary
- Employer Liability for DWI Accidents Part 2: Negligent Entrustment
- Evidence of the Plaintiff‘s Criminal Past in Personal Injury Cases
- Extension of Statute of Limitations in New Mexico for Cases Originally Filed in the Wrong Court
- Ground Zero Settlement: Is it Fair?
- New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!
- Outside Influence of Jurors Growing Problem in Jury Trials
- Outside Jury Influence Difficult Challenge with Rise of Mobile Technology and Social Media
- Past and Future Driving Evidence: Limited Admission in New Mexico Auto Accident Claims
- Payment of Medical Expense Is Not an Admission of Liability in New Mexico
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Personal Injury Lawsuit Loans are Very Costly
- Proof of Causation in Personal Injury Actions: “But For” Analysis Under New Mexico Law
- Punitive Damages in New Mexico: What is Reasonable?
- Rejection of Underinsured Insurance Coverage is No Good Unless Attached to the Policy
- Social Media Puts Courts Behind Technology
- Spoliation of Evidence Defenses: Homeowners Must Not Destroy Evidence Through Repairs
- States Fight Back Against Big Pharma on Opioids
- Taxpayers Will Bear the Brunt of BP‘s Failures
- The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
- Tolling of Statute of Limitations is Rare
- Tort Claims Notice Requirements: Contents & Delivery of the Notice
Prison and Jail Negligence
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- Hepatitis C: New Mexico and National Epidemic
- New Mexico Corrections Department Cannot be Trusted to Honestly Report COVID-19 Conditions
- Premises Liability Claims Against NMCD
- Scope of COVID in New Mexico Prisons Likely Understated
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
Prison Medical Neglect
- Atrocities at the Border: Follow the Money
- Centurion Out as Medical Provider for Metropolitan Detention Center
- Civil Conspiracy to Harm Immigrant Detainees
- Contact Governor on New Mexico Civil Rights Act
- Cruel and Dangerous Presumption of Malingering in Prisoner Medical Care
- Denial of Legal Counsel to Solitary Inmates in NMCD’s X-Pod
- Effective Date, Acts and Omissions Under New Mexico Civil Rights Act
- Emergency Medical Care and Emergency Transport in New Mexico’s Prisons
- HB 4: New Mexico Civil Rights Act Must Pass to Protect New Mexico Taxpayers
- Hepatitis C: New Mexico and National Epidemic
- How in the World Did New Mexico Corrections Department Lose Accreditation from These Folks?
- Investors and Banks Dump Private Prison Industry, New Mexico Sticks Embraces It
- La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos
- Medical Crisis in Immigrant Detention Facilities
- Medical Personnel in NMCD Face Challenges in Claims for Failed Response to COVID-19
- Medical Torture in New Mexico Prisons
- New Mexico Civil Rights Act Only First Step to Reform State’s Prisons
- New Mexico Civil Rights Bill: Letter to Senate Health and Public Affairs Committee
- New Mexico Corrections Department Medical Grievance System Corrupt and Unconstitutional
- New Mexico Corrections Department Unfit to Handle COVID-19 Crisis
- New Mexico Inmate COVID 19 Lawsuits
- New Mexico Prison Osteomyelitis Epidemic Spells Medical Negligence
- NMCD Guards and Staff: Legal Claims for Lack of Preparation and Response to COVID-19
- NMCD Paper Medical Records Serve Goal of Destruction of Evidence
- Prison Diabetes Emergencies Treated as Disciplinary Matters
- Profit Margins, Negligent Prison Medical Care and New Mexico Taxpayers
- Qualified Immunity for Prison Doctors: A License to Kill
- Recent Rash of Suicides in New Mexico Prisons and Jails Points to Systemic Neglect
- Scope of COVID in New Mexico Prisons Likely Understated
- Shocking National Data Pale by Comparison to Prison Diabetes Data
- Solitary Confinement by any name is Solitary Confinement
- Statute of Limitations New Mexico Section 1983 Civil Rights Claims
- Steps in Suing New Mexico Prisons and Jails
- Summary of New Mexico Civil Rights Act
- Train, Pay and Staff Guards to Reflect the Importance of the Job
- Understaffing in New Mexico Prisons Contributes to Inmate Suicides
- Untreated and Negligently Treated Diabetes in New Mexico Prisons
- Utter Indifference and Incompetence at NMCD Endangering New Mexicans
Products Liability
- Actos Bladder Cancer Suits Continue to Mount
- Ford Settles Defective Product Lawsuit with Woman Left Paralyzed in Auto Accident
- Personal Injury Claims May Arise from Breach of Warranty with Extended Statute of Limitations
- Recalls and the Economics of Death
- Simple Math on Diabetes and Actos Bladder Cancer Dangers
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Strict Product Liability Despite Modifications by User
- Tolling of Statute of Limitations is Rare
Slip and Fall Accidents in New Mexico
Statute of Limitations and Other Deadlines
- “Actual Notice” Under the New Mexico Tort Claims Act
- Administrative Claim Requirements in Medical Malpractice Claims Against the VA
- Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México
- Deadlines on Excessive Force Claims Against the Albuquerque Police Department
- DIY Tort Claims Notice in New Mexico
- Extension of Statute of Limitations in New Mexico for Cases Originally Filed in the Wrong Court
- Failure to Diagnose and the Discovery Rule in Medical Malpractice Claims
- Falsification of VA Medical Records and Statutes of Limitations for Medical Malpractice Claims
- Filing Requirements on Medical Malpractice Claims Against the VA
- Medical Malpractice Claims Raise Unique Statute of Limitations Issues
- New Mexico Court Addresses Statute of Limitations on Negligent Prescription
- New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!
- No Statute Of Limitation Protection Where Wrong Health Care Provider Named Before Medical Review Commission
- Notice Requirements in New Mexico Uninsured/Underinsured Motorist Cases
- Personal Injury Claims May Arise from Breach of Warranty with Extended Statute of Limitations
- Regarding Statute of Limitations Issues in New Mexico, a Rose is a Rose…
- Significant Burden on Plaintiff When Adding Defendants After Statute of Limitations Has Run
- Statute of Limitations Deadlines on Retinopathy of Prematurity Claims
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
- Statute of Limitations on Personal Injury Cases Involving Children
- Tolling of Statute of Limitations is Rare
- Tort Claims Notice Requirements: Contents & Delivery of the Notice
- Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
Tort Reform
- A Little Tort Reform with That Tea?
- Are Guns Safer than Hospitals?
- Banks Jump on the Personal Injury Bandwagon While Decrying the Trial Lawyers They Fund
- BP Continues Retreat from Responsibility While Insisting Regulations Hurt Profits?
- BP Distribution Scheme Illustrates Political Priorities and Social Realities
- BP’s Race to the Bottom
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs
- Caps on Punitive Damages: Great for Business, Bad for Everyone Else
- Cons, Big Cons and Medical Malpractice Reform
- Continued Push for Liability Caps Despite Widespread Medical Errors and Decline in Medical Malpractice Claims
- Cost Cutting Risks Lives in Nursing Home Care
- Criminal Penalties for Off-Label Drug Marketing: Will They Make a Difference?
- Emergency Room & Emergency Responder Immunity: Safe Haven for Negligence and Incompetence?
- Failure to Detect and Report Medical Errors Jeopardizes Patient Safety
- Failure to Diagnose Medical Malpractice Claims: Not as Easy as One Might Think
- Ground Zero Settlement: Is it Fair?
- Hospital Survival: Essential Strategies
- Hospital Survival: The Numbers
- Hot Coffee and the Medical Malpractice Myth
- Huge Nursing Home Verdict Brings Predictable Cries for Tort Reform
- Intersection of Criminal and Civil Liability in New Mexico Medical Malpractice
- Little Guy Is Running Out of Options
- Making Things Right with the BP Gulf Disaster!
- Medical Malpractice Caps and Public Costs, Who Really Pays?
- Medical Malpractice Reform Harms Patients and the Taxpaying Public
- Mine Safety? Shareholders Meet the Trial Attorneys!
- Myths of Medical Malpractice Bring Caps Back to Missouri
- New Mexico Court Takes #5 Honors on List of Judicial Hellholes
- Oil is Slippery, BP is Slippery‘er!
- Ongoing Illegal Strip Searches Lead to Class Action Settlement
- Payment of Future Medical Expenses in New Mexico Medical Malpractice Case
- Personal Injury Contingency Fee Arrangments Essential to Justice System
- Personal Injury, Insurance Coverage and the Lies of Tort Reform
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Recalls and the Economics of Death
- Simple Apology Can Avoid Medical Malpractice Lawsuits
- Simple Surgical Checklist Can Save Patient Lives!
- Smart Cars, Hapless Drivers and Highway Carnage Coming to a Road Near You!
- Solutions for Small Businesses Harmed by BP Disaster? Let‘s Redefine “Small Business”
- Taxpayers Will Bear the Brunt of BP‘s Failures
- Texting & Driving Don‘t Mix
- That‘s Not Cake the Chamber of Commerce Would Have Us Eat!
- The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
- The High Costs of Medical Errors on the Healthcare System
- The Myth of the Frivolous Medical Malpractice Lawsuit
- The Myth of the Medical Malpractice Crisis Lives On While Insurance Companies Earn Record Profits
- Tort Reform and Medical Malpractice After COVID-19
- Tort Reform and The Hypocritic Oath
- Tort Reform Ignores Bad Corporate Behavior: Case in Point, Toyota!
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
Trucking Accidents
- Congress Ignores Dangers of Excessive Trucking Hours
- Drowsiness Significant Cause of Truck Accidents
- Employer Liability for Texting Employees
- FMCSA Interventions for Unsafe Trucking and Bus Carriers
- Huge Verdict In Trucking Accident Involving Texting Truck-Driver
- Trucking Accident Investigations Should Begin Immediately
- Trucking Accidents and Meth Usage: Respondeat Superior Still Applies in New Mexico
- Trucking Accidents: File Suit, Ask Questions Later
- Trucking COMPLIANCE, SAFETY and ACCOUNTABILITY (CSA)
- Trucks Just Got a Lot More Dangerous with Worst Still to Come
Uncategorized
- Budget Crisis Causes the Closure of California Courts: Will New Mexico Follow Suit?
- Completa Indiferencia e Incompetencia en el NMCD Pone en Peligro a los Nuevos Mexicanos
- Conducir Demasiado Rápido para las Condiciones como Causa Frecuente de Accidentes de Camiones
- Correcting “Bad Paper” Discharges for Combat Veterans with PTSD
- Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México
- Cumplimiento, Seguridad, Responsabilidad (CSA)
- El Congreso Ignora los Peligros de las Horas de Transporte Excesivas
- El Personal médico en el NMCD Enfrenta Desafíos en Reclamos por Respuesta Fallida al COVID-19
- El Uso de Drogas es a menudo un Factor en los Accidentes de Camiones
- Fraudulent Concealment of Medical Malpractice in New Mexico
- Guardias y Personal del NMCD: Reclamos Legales por Falta de Preparación y Respuesta a COVID-19
- Hepatitis C: New Mexico and National Epidemic
- Hosting Premium en Todos Los Sitios de CueOps
- Military Sexual Trauma
- New Policies on Immigrant Detention Met With Customary Hysteria
- Personal Injury Claims for Victims of Human Trafficking
- Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
- Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista
- Terms of Probation and Parole Geared Toward Failure
Uninsured/Underinsured Motorist Claims
- Disclosure Requirements for Rejection of Uninsured/Underinsured Coverage Ill-Defined
- Don‘t Get Lured Into Waiver of Uninsured/Underinsured Motorist Coverage
- Federal Court Forces Insurance Company to Provide Uninsured Motorist Benefits
- New Mexico Laws on Rejection of Uninsured/Underinsured Motorist Coverage are Retroactive
- New Mexico Leads the Nation in Uninsured Motorist
- New Mexico Supreme Court Expands Scope of Law on Rejection of UM/UIM Coverage
- Notice Requirements in New Mexico Uninsured/Underinsured Motorist Cases
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
- Recovery of Punitive Damages Under Uninsured/Underinsured Motorists Coverage
- Recovery Under Underinsured Motorist Coverage Not Constrained by Punitive Damage Exclusion of Underinsured Driver
- Rejection of UM/UIM Coverage Must be in Writing but Need Not be Signed by Insured??
- Rejection of Underinsured Insurance Coverage is No Good Unless Attached to the Policy
- Stacking Allowed With Improper Rejection of Uninsured/Underinsured Coverage
- Stacking Uninsured/Underinsured Motorist Coverage in New Mexico
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
- The Limits of Insurance Coverage in a New Mexico Auto Accident
- Underinsured Coverage Stacks on Newly Acquired Vehicle and Replaced Vehicle During Grace Period
- Underinsured Motorist Coverage Imputed for Property Damage in Absence of Signed Rejection
- Underinsured Motorist Coverage: Don‘t Leave Home Without It
- Underinsured Motorists Insurance Coverage: Consent to Settle Requirement
- Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico
- Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
- Uninsured/Underinsured Motorists Coverage Beyond U.S. Borders
- Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
- Work Related Auto Accident Injuries and Employer Uninsured/Underinsured Motorist Coverage
VA & Military Hospital Negligence
- “Heroic” Negligence at the Albuquerque VA Hospital?
- Claims of Progress at VA Hospitals Suggest Pervasive Past Violations of Duty of Care
- Early Detection of Breast Cancer & VA Hospital Delays, Negligence and Deliberate Neglect
- Honoring Veterans – Start with the VA Hospital!
- Military Personnel Have No Right to Competent Medical Care and No Right to Answers when Inexcusable Errors Occur
- Opiate Use in the Veteran’s Administration System
- Systemic Neglect in Military Hospitals and Patient’s Right to Sue
- Systemic Negligence and Medical Malpractice Claims Against the VA Hospital
- VA Driven Opiate and Benzo Crisis Drives Addiction and Overdose Deaths
- VA Hospital Delays in Treatment – Wide Variety of Possible Medical Malpractice Claims
Whistleblower
Wrongful Death
- “Actual Notice” Under the New Mexico Tort Claims Act
- Beat Goes on at the Albuquerque Police Department
- Breast Cancer Diagnostic Errors Lead in Medical Malpractice Claims
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Change In Evidence Requirements For Dram Shop Claims
- Civil Liability for the Wrongful Death of a Child Caused by Bullying?
- Congress Ignores Dangers of Excessive Trucking Hours
- Construction Accident Fatality Results in Settlement with Contractor and Sub-Contractors
- Culture of Violence at the Albuquerque Police Department – Will it Change and When?
- Dangerous Withdrawal Risks from Benzodiazepines
- DIY Tort Claims Notice in New Mexico
- Failure to Diagnose and Expert Testimony in New Mexico Emergency Room Medical Malpractice Claim
- Failure to Diagnose Heart Attack
- Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents
- Lost Chance Damages and Failure to Diagnose Cancer
- Malnutrition and Dehydration in Nursing Homes
- Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico
- Medical Malpractice Claims Raise Unique Statute of Limitations Issues
- New Mexico Court Addresses Statute of Limitations on Negligent Prescription
- New Mexico Supreme Court Limits Tribal Sovereign Immunity in Casino Dram Shop Cases
- Nursing Home Arbitration Provisions Must Not be “Unfairly” One-Sided in New Mexico
- Oil and Gas Facilities Pose Significant Risks to the Public When Not Properly Maintained
- Patient Advice of Risks and Consent Will Not Bar New Mexico Medical Malpractice Claims
- Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims
- Proper Equipment Maintenance Critical To Safe Work Environment in the Oil and Gas Industry
- Protections of New Mexico Workers‘ Compensation Act Waived for Non-Compliant Employers
- Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining
- Scope of Informed Consent: Duty to Disclose Physician‘s Background?
- Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact
- Several Possible Claims and Defendants in New Mexico Jail Suicide Case
- Sibling Loss of Consortium Cases in New Mexico
- Suicide in Local Jails – Minimal Policies and Procedures for Protection of Inmates
- Suicide in Local Jails Preventable Yet Far Too Common
- Trucking Accidents: File Suit, Ask Questions Later
- VA Position On Delayed Treatment and Veteran Deaths Evasive at Best
- When An Attorney Is (and Isn‘t) Necessary in a Work-Related Injury Claim