156 results for 'court:"USDC New Mexico"'.
J. Wormuth recommends granting the logistics company's motion for default judgment against the trucking company, ruling the trucking company's willful refusal to appear for a deposition after a court order prejudiced the logistics company and requires judgment in its favor on the spoliation crossclaim. The logistics company is also entitled to attorney fees for all losses related to the trucking company's failure to comply with discovery orders, as well as any work performed in relation to the current motion.
Court: USDC New Mexico, Judge: Wormuth, Filed On: October 27, 2023, Case #: 2:21cv986, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Johnson grants, in part, the employer's motion to dismiss, ruling the employee failed to exhaust administrative remedies for both her Title VII and Americans with Disabilities Act claims. Meanwhile, the individual defendants will also be dismissed because Title VII does not allow for claims of supervisory liability.
Court: USDC New Mexico, Judge: Johnson, Filed On: October 23, 2023, Case #: 1:23cv353, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Riggs grants the employer's motion for summary judgment, ruling the female employee's allegations regarding unequal treatment between male and female employees regarding tardiness is unsupported by evidence and is insufficient to support her discrimination or hostile work environment claims. Additionally, the transfer of the female employee does not qualify as an adverse employment action because it was completed at her request.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 17, 2023, Case #: 2:22cv373, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
[Consolidated.] J. Urias denies the gun rights advocates' motion for a preliminary injunction, ruling they are unlikely to prevail on Second Amendment claims related to the state's public health order prohibiting the carry of firearms through public parks and playgrounds. Similar bans have been implemented and upheld throughout the 19th and 20th centuries, while parks could also be considered "sensitive places" outlined by the Supreme Court in rulings that limit the scope of the right to bear arms.
Court: USDC New Mexico, Judge: Urias, Filed On: October 11, 2023, Case #: 1:23cv773, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms, Injunction
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J. Martinez grants, in part, the class's motion to compel discovery, ruling requests regarding managed care organizations used by the "medically fragile children" are relevant to the case, even though the organizations are not parties, and so the state agencies must provide responsive documents to those interrogatories.
Court: USDC New Mexico, Judge: Martinez, Filed On: October 10, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Medicare, Discovery, Class Action
J. Browning denies the warden's motion for summary judgment based on qualified immunity, ruling the female inmate's allegations regarding being sexually assaulted on multiple occasions by a prison guard who was later promoted by the warden, despite knowledge of the assaults and the prison's zero tolerance policy on sexual assault, create a plausible Eighth Amendment claim. The warden's failure to reassign the guard or take any other investigatory measures after the inmate reported the assaults creates an issue of fact as to whether his actions proximately caused her injury.
Court: USDC New Mexico, Judge: Browning, Filed On: October 6, 2023, Case #: 1:19cv751, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Sweazea grants, in part, the injured driver's motion to compel discovery, ruling the driver of the tractor-trailer must provide a response to the interrogatory about individuals with first-hand knowledge of the accident because their testimony could determine liability. Additionally, the driver of the tractor-trailer must provide an answer to the interrogatory about whether he contends someone other than himself was responsible for the accident because the question does not seek a legal conclusion or a narrative account of the accident.
Court: USDC New Mexico, Judge: Sweazea, Filed On: October 3, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Wormuth denies, in part, a village's motion to dismiss an employee's Monell liability claim related to the reduction in his job duties and pay. The worker has sufficiently alleged the village's allowance of the mayor to act as the final policymaker is an unconstitutional policy.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 30, 2023, Case #: 1:23cv52, NOS: Employment - Civil Rights, Categories: Employment, Immunity, Due Process
J. Garcia grants the birth control device manufacturer's motion to dismiss, ruling the patient's state law failure to warn and negligence claims impose requirements different to those established by the FDA and, therefore, are preempted by federal law.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 2:21cv664, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Preemption, Product Liability
J. Ritter grants the consulting firm's motion for summary judgment, ruling that evidence in the record clearly indicates it never told the city its prescription insurance costs would be $4.6 million unless there was a significant rate increase for plan participants. Therefore, the contract claim must be dismissed for lack of evidence of reliance. Additionally, the city's failure to provide concrete evidence of damages other than speculative claims it would have to catch up in the coming years after a shortfall requires dismissal of the remaining claims against the consulting firm.
Court: USDC New Mexico, Judge: Ritter, Filed On: September 29, 2023, Case #: 1:21cv349, NOS: Other Contract - Contract, Categories: Evidence, Government, Contract
J. Browning denies the motion for class certification, ruling that because the proposed class would be determined by subjective criteria, including the state of mind of customers of who saw Kroger's ads for beef from America, it does not meet ascertainability requirements.
Court: USDC New Mexico, Judge: Browning, Filed On: September 29, 2023, Case #: 1:20cv1040, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Garcia denies, in part, the lender's motion to dismiss, ruling its failure to respond to communications from the borrower about additional forbearance under the Coronavirus Aid, Relief, and Economic Security Act and placing her loan in default after it admitted a mistake is sufficient to support a negligent misrepresentation claim.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 1:22cv180, NOS: Other Contract - Contract, Categories: Banking / Lending, Covid-19
J. Ritter grants the school district's motion for sanctions, ruling the anonymous individual who filed the second lawsuit regarding sexual assault clearly violated the protective order in the initial case filed by the first anonymous individual because the complaint included confidential information and school records found only through discovery in the initial case. Although dismissal of the complaint is not warranted, attorney fees and costs will be granted to the school district once they provide estimates for work performed on issues relevant to the sanctions and violations of the confidentiality order.
Court: USDC New Mexico, Judge: Ritter, Filed On: September 28, 2023, Case #: 1:20cv1041, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Attorney Fees
J. Riggs finds that no occupying country or government, including Mexico, Spain, or the U.S., ever extinguished the aboriginal water rights of the Pueblo Indians because none of the countries took actions to intervene or reduce the tribe's use of the Jemez Valley River Basin.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 28, 2023, Case #: 6:83cv1041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Environment, Native Americans, Water
J. Strickland grants the oil drilling company's motion to dismiss, ruling the worker's personal injury suit is barred by the three-year statute of limitations. The New Mexico savings statute, which grants a 6-month grace period, does not apply because the original action filed in Texas was also filed outside of that state's statute of limitations.
Court: USDC New Mexico, Judge: Strickland, Filed On: September 22, 2023, Case #: 1:22cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence
J. Khalsa denies, in part, the city's motion to dismiss, ruling the just-cause termination and definite-tenure provisions of the city administrator's employment contract override any at-will employment provisions and grant her a protected property interest in her job; therefore, the lack of hearings or any explanation for her termination create a plausible due process claim.
Court: USDC New Mexico, Judge: Khalsa, Filed On: September 21, 2023, Case #: 1:22cv802, NOS: Employment - Civil Rights, Categories: Employment, Due Process, Contract
J. Browning denies, in part, the class's motions for certification, ruling the nationwide menthol subclass of individuals who purchased menthol American Spirit cigarettes is not fit for certification because its members cannot be determined without individualized litigation practices and by seeking out information from individual retailers, which is not feasible. Additionally, the Florida subclass does not meet predominance requirements because its unjust enrichment claims are based on why consumers made certain purchases, not the uniform marketing conduct of the cigarette manufacturers.
Court: USDC New Mexico, Judge: Browning, Filed On: September 19, 2023, Case #: 1:18cv789, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Product Liability, Class Action
J. Gonzalez grants, in part, the insurer's motion to dismiss, ruling that because the Medicaid policyholder who was initially denied coverage for surgery in an out-of-state facility is not a party to the contract between Medicaid and the insurer, she cannot seek to enforce it through this action and the contract claims must be dismissed. Additionally, the lack of evidence of a fiduciary relationship between the insurer and the patient requires dismissal of the fiduciary duty claims, especially considering a denial of coverage is not necessarily sufficient to constitute a breach of any fiduciary duty.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 18, 2023, Case #: 1:22cv305, NOS: Other Contract - Contract, Categories: Insurance, Medicaid, Contract
J. Gonzalez denies the policyholder's motion to alter or amend the court's previous judgment of dismissal, ruling the uninsured motorist coverage in her insurance policy was not illusory. Although she did not receive the full $200,000 amount from the insurer, she was able to recoup some benefit after an offset of the amount paid by the other individual involved in the car accident.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 13, 2023, Case #: 1:21cv1023, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Wormuth denies the patient's motion for a new trial, ruling questioning by the dentist's attorney about the patient's sexual assaults, which resulted in his present disability, conformed with this court's limiting instruction and did not unfairly influence the jury. Meanwhile, evidence about the patient's smoking history was not prejudicial because it was contained in numerous medical records admitted without objection, while he could also have testified about whether he smoked immediately after the dental implant surgery.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 13, 2023, Case #: 1:21cv492, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Jury, Medical Malpractice
J. Garcia grants the government's motion to dismiss, ruling the estate's failure to include the decedent's minor children and loss of consortium claims in its administrative notice form deprives this court of jurisdiction over those claims. Meanwhile, the government is entitled to summary judgment on the Federal Tort Claims Act negligence claim because the estate failed to effect service by the required deadline, which deprived the government of notice regarding the first complaint.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 11, 2023, Case #: 1:21cv211, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Government, Wrongful Death
J. Riggs grants, in part, the lenders' motion to dismiss, ruling their failure to conduct any transactions or make contact with the loan applicants about financing several real estate purchases deprives this court of jurisdiction to hear contract claims. Meanwhile, the applicants' failure to explain in their complaint how any of the conduct by the prospective lenders constitutes wire fraud under RICO requires dismissal of that claim.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 8, 2023, Case #: 1:23cv493, NOS: Other Contract - Contract, Categories: Real Estate, Jurisdiction, Contract
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Browning grants Warner Bros.' motion for partial summary judgment, ruling the signature of supernatural investigator Lorraine Warren on a trademark assignment sheet, which may have been forged, is immaterial. She had already sold the rights to "Seekers of the Supernatural" and other marks to New Line several years before, which gave them total ownership over all name and image rights. Meanwhile, the undisputed evidence in the record indicates numerous customers were confused about the source of books and videos depicting the paranormal investigators and sold by the individual defendant, which is sufficient to prove trademark infringement and unfair competition.
Court: USDC New Mexico, Judge: Browning, Filed On: September 5, 2023, Case #: 1:20cv62, NOS: Trademark - Property Rights, Categories: Evidence, Fraud, Trademark
J. Gonzalez grants Allstate's motion for judgment on the pleadings, ruling the policyholder's Trade Practices and Fraud Act and contract claims are barred by the 4-year statute of limitations, which ended more than two years prior to the filing of the lawsuit. Furthermore, Allstate is entitled to sanctions, as the lawsuit was baseless and arguments made by the policyholder were legally unsupported and frivolous.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: August 31, 2023, Case #: 1:22cv968, NOS: Insurance - Contract, Categories: Insurance, Sanctions, Contract
J. Browning denies the Native American tribe's motion for summary judgment and dismisses its declaratory relief action, ruling that while the Indian Gaming Regulatory Act does not allow tribes to shift jurisdiction from tribal to state courts in personal injury actions, the Younger abstention doctrine prevents this court from precluding the state court judge from hearing the underlying case. If this court granted the tribe's request for relief, it would interfere with state court proceedings where no final judgment has been entered and also prevent state courts from weighing in on whether it is proper to hear casino personal injury suits outside of the tribal court system.
Court: USDC New Mexico, Judge: Browning, Filed On: August 31, 2023, Case #: 1:20cv166, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Native Americans, Jurisdiction