110 results for 'court:"USDC New Mexico"'.
J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: Property, Tort, Damages
J. Yarbrough denies the delivery drivers' motion for class certification, ruling their failure to put forth evidence a single representative can establish drivers worked more than 40 hours per week without overtime compensation prevents them from satisfying predominance requirements and, as a result, the case would require individualized inquiries not feasible in a class action litigation.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: October 27, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
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
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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
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. 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. 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. 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