161 results for 'court:"USDC New Mexico"'.
J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: Civil Procedure, Government, Employment Retaliation
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Urias grants the employer's motion to dismiss, ruling the employee's failure to provide evidence any major life activity was limited by an adverse reaction to a previous vaccine prevents him from establishing a disability that would allow his discrimination claims to proceed. Meanwhile, the employee's failure to file administrative remedies for religious discrimination with the EEOC constitutes a failure to exhaust his administrative remedies and requires dismissal of the religious discrimination claims.
Court: USDC New Mexico, Judge: Urias, Filed On: April 26, 2024, Case #: 1:23cv361, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Employment Discrimination
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation, First Amendment
J. Browning denies the former securities firm owner's motion to vacate the arbitration award, ruling that because he and the buyers of the firm were all Financial Industry Regulatory Authority-associated individuals, he agreed to arbitrate any dispute in front of a FINRA arbitrator when he sold the firm. However, the employee's decision to arbitrate with the buyer in a non-FINRA forum supersedes her previous agreement and prevented any award against her; therefore, the FINRA arbitration award is vacated in respect to the employee.
Court: USDC New Mexico, Judge: Browning, Filed On: April 9, 2024, Case #: 1:22cv596, NOS: Arbitration - Other Suits, Categories: Arbitration, Securities
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J. Sweazea grants, in part, an insurer's motion to dismiss in this storm damage dispute brought by a homeowner. The homeowner alleges bad faith breach of contract, unfair insurance practices and unfair trade practices for failure to provide coverage. She sufficiently stated a bad faith claim because the insurer failed to properly conduct an investigation and her unfair practices claim is adequately supported by facts in the complaint. The insurance practices claim is dismissed, but the homeowner may file a motion to amend.
Court: USDC New Mexico, Judge: Sweazea, Filed On: April 1, 2024, Case #: 1:23cv1134, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Rozzoni denies a motion to remand a race discrimination case brought by a Walmart customer to the state court based on lack of diversity jurisdiction. The customer claims that the security guards involved in the incident do not have diversity with the customer, but the judge notes that the security guards are not named in the suit and diversity exists between the customer and Walmart. Additionally, the judge recommends denial of the customer’s motion for a bench trial because the customer’s motion does not meet exceptions that erode the right to a jury trial.
Court: USDC New Mexico, Judge: Rozzoni, Filed On: March 22, 2024, Case #: 1:23cv973, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Corporations, Jurisdiction
J. Ritter denies the injured employee's motion to compel depositions, ruling the deposition notices are not only untimely or unduly burdensome, but the employer's pending motion to dismiss must also be adjudicated before any further discovery.
Court: USDC New Mexico, Judge: Ritter, Filed On: March 19, 2024, Case #: 2:23cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Discovery
J. Fashing grants Wells Fargo's motion to compel arbitration, ruling the arbitration clause in the child support recipients' contract for a debit card is enforceable and requires their claims regarding unauthorized withdrawals to be settled via arbitration. However, the administrator of the support payment debit cards is not entitled to compel arbitration because the agreement on specifies the bank and excludes any other parties; therefore, the claims against the administrator will proceed.
Court: USDC New Mexico, Judge: Fashing, Filed On: March 12, 2024, Case #: 1:23cv202, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Consumer Law, Class Action
J. Strickland denies dairy cooperatives' motion to dismiss, ruling that although the initial price-fixing actions alleged by the dairy farmers took place in 2015 — well outside the four-year statute of limitations for antitrust claims — there is a viable “continuing violation” claim because the price decreases could not be sustained without repeated action on the part of the cooperatives.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 11, 2024, Case #: 2:22cv251, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure
J. Urias denies, in part, the employer's motion to dismiss, ruling the employee's complaints to HR about discriminatory treatment constitute protected activity, while her negative performance reviews and interrogations by supervisors were undoubtedly adverse employment actions that can be used to support her retaliation claim. However, Supreme Court precedent prevents application of an equal protection "class of one" theory to public employment jobs; therefore, that claim will be dismissed.
Court: USDC New Mexico, Judge: Urias, Filed On: March 11, 2024, Case #: 1:21cv600, NOS: Employment - Civil Rights, Categories: Government, Equal Protection, Employment Retaliation
J. Urias denies the doctor's motion to dismiss for lack of jurisdiction, ruling that because she owns property and registered her medical license in Maryland, diversity requirements are met and this court has jurisdiction over the estate's medical malpractice claims. Meanwhile, the federal government's motion to dismiss will also be denied to allow for limited discovery on the issue of whether the doctor was an independent contractor that would render her an employee of the U.S.
Court: USDC New Mexico, Judge: Urias, Filed On: March 6, 2024, Case #: 1:22cv188, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Jurisdiction, Medical Malpractice
J. Strickland grants the cigarette distribution company's motion to dismiss, ruling that because it is headquartered in Virginia and the estate has put forth no evidence to show it conducted business in New Mexico, this court lacks jurisdiction over the party.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 4, 2024, Case #: 2:23cv1136, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Wrongful Death
J. Fouratt grants, in part, the consumer's motion to compel, ruling that because the telemarketing company failed to provide a representative who had knowledge of the topics outlined in the deposition, he will be allowed to conduct a second, limited deposition of another employee who has knowledge of the relevant topics.
Court: USDC New Mexico, Judge: Fouratt, Filed On: March 1, 2024, Case #: 2:22cv360, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Discovery
J. Johnson denies, in part, the employer's motion for summary judgment, ruling the employee's Americans with Disabilities Act claim will proceed because a reasonable jury could find his knee injury, which forced him to wear a brace, caused him to limp, and was exacerbated by sitting or standing, substantially limited a portion of his major life activities and rendered him disabled. However, because a mandatory overtime shift that led to the employee's termination was not covered by Family and Medical Leave Act or any other type of leave, the retaliation claim must be dismissed.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Johnson grants the Department of Energy's motion for summary judgment, ruling testimony from its employees regarding search efforts based on the nonprofit's Freedom of Information Act request, including the search terms used and the documents eventually produced by the search, is sufficient to satisfy the standards required for a document search under the Act.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:23cv343, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Herrera denies the trucking company's motion for partial summary judgment on a claim for punitive damages, ruling the truck driver's previous refusal of a drug test, a positive test for methamphetamine that resulted in a suspension and the company's failure to monitor the driver's logbooks, when taken together, allow the injured driver to prove the mental state required for reckless or wanton conduct.
Court: USDC New Mexico, Judge: Herrera, Filed On: February 28, 2024, Case #: 1:22cv36, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. Gonzales grants, in part, the employee's motion to compel, ruling the employer must provide class-wide timesheets and payroll records for the time period relevant to the complaint because it will allow the lead plaintiff to prove commonality and the existence of a class-wide injury.
Court: USDC New Mexico, Judge: Gonzales, Filed On: February 1, 2024, Case #: 2:23cv143, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, Attorney Fees
J. Wormuth grants, in part, the injured driver's motion to compel discovery, ruling the at-fault driver's employer must provide responses to interrogatories about all vehicles driven by the employee in the year leading up to the crash, as well as those about manuals and instructional guides on driving possessed by the driver at the time of the crash, as they are relevant to the case.
Court: USDC New Mexico, Judge: Wormuth, Filed On: January 24, 2024, Case #: 1:23cv660, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Ritter grants, in part, the solar energy company's motion to compel, ruling the former employee must produce fabrication cost documents and various emails about the company's project with a New Mexico city. They qualify as invoices and receipts under this court's previous discovery orders. Additionally, the employee's failure to comply with the previous order entitles the company to sanctions, and so the employee will be required to pay for costs associated with the current discovery orders.
Court: USDC New Mexico, Judge: Ritter, Filed On: January 22, 2024, Case #: 1:20cv975, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Discovery
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: Jurisdiction, Class Action, Labor