Category / Civil Rights / Uncategorized
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Caps on Claims Against Governmental Entities are Unfair but Enforceable
The New Mexico Tort Claims Act creates a number of protections for governmental entities against personal injury claims . This protection extends to all governmental entities including medical providers, schools, public buildings, public employees…
May 12, 2014 -
Summary of Findings from the Department of Justice Investigation of the Albuquerque Police
The 46 page report from the Department of Justice quite damning of the Albuquerque Police and the City of Albuquerque. the report list a very long laundry list of civil rights violations…
April 22, 2014 -
Significant Burden on Plaintiff When Adding Defendants After Statute of Limitations Has Run
The statute of limitations is a deadline on the filing of lawsuits, including personal injury and wrongful death claims. For personal injury/wrongful death claims against a private entity, the statute of limitations…
February 3, 2014 -
Show of Force and Voluntary Consent to Search and Seizure
The 4th Amendment protections against illegal search and seizure are among the greatest protections afforded to citizens. There are very strict criteria for search and seizure. An illegal search and seizure will…
October 3, 2013 -
English Language is No Prerequisite to Jury Service in New Mexico
The New Mexico Supreme Court case of State v. Samora concerns the rights of non-English-speaking citizens and jury selection. Specifically in this case, the Court had to decide whether the excusal of…
October 1, 2013 -
Responsibility for Sidewalks in Albuquerque
Sidewalks can be somewhat hazardous for pedestrians. This is so in every city or town, and Albuquerque is no exception. Pedestrians are often injured as result of defective or dangerous sidewalks. These…
September 25, 2013 -
Right to Counsel After Waiving Right to Counsel
The recent U.S. Supreme Court case of Marshall v. Rodgers addressed the Sixth Amendment right to effective assistance of counsel. The Court in this case had to determine whether a trial judge…
July 17, 2013 -
Liability Before Damages – Sometimes Accidents Just Happen!
Accidents are a fact of life. They happen in every aspect of life from home, to the road, to work and every point in between. Sometimes, they result of the negligence of…
May 24, 2013 -
Medicare Liens Including Medicare Set Asides Apply to Medical Damages Only!
By law, Medicare will claim a lien against any personal injury settlement for medical expenses paid for treatment related to those injuries. In addition, Medicare will claim a lien on future medical…
May 21, 2013 -
Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
The 2011 New Mexico Supreme Court decision in State v. Williams addressed the legality of an under-clothing search incident to arrest. The Court found the search under the crimustances of the case…
February 18, 2013
Recent Posts
- The Myth of the Frivolous Medical Malpractice Lawsuit
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Caps on Punitive Damages: Great for Business, Bad for Everyone Else
- Can I Be Ordered To Pay the Other Side’s Legal Fees?
- Basic Requirements for a Medical Malpractice Claim
Categories
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- Work Related Injuries
- Wrongful Death