150 results for 'court:"USDC New Mexico"'.
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
J. Martinez denies, in part, the telemarketer's motion to dismiss, ruling the allegations made by the consumer about the length and nature of at least 20 unsolicited phone calls are sufficient at this stage to support his Telephone Consumer Protection Act claims regarding autodialed telemarketing calls.
Court: USDC New Mexico, Judge: Martinez, Filed On: December 29, 2023, Case #: 2:23cv793, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Evidence, Consumer Law
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J. Gonzalez denies the homeowners' motion for a preliminary injunction, ruling the county's moratorium on applications for business licenses to operate short-term rental properties likely does not violate the dormant Commerce Clause. It is a temporary measure put in place to give the county time to analyze the results of a study on the effects of such rentals and develop a long-term policy. Additionally, the moratorium affects only very recent out-of-state buyers and, therefore, does not discriminate against all out-of-state economic interests.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: December 22, 2023, Case #: 1:23cv992, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Real Estate, Injunction
J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Contract
J. Fouratt denies the doctor and his corporation's motion to dismiss, ruling the former employee's piercing the corporate veil claim is not barred by issue preclusion. The state court action for damages related to sexual harassment did not deal with the merits of the claims, but instead dismissed them on jurisdictional grounds after a judgment had been entered in the employee's favor.
Court: USDC New Mexico, Judge: Fouratt, Filed On: December 14, 2023, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Corporations, Fraud
J. Strickland grants the "medically fragile" minors' motion for class certification on their claims against the New Mexico Human Services Department regarding its alleged failure to provide private duty nursing staff, as required under the Medicaid Act. Testimony from health care providers established the requisite number of patients and shortfall of nursing care to satisfy commonality and numerosity requirements, while the differences in care requirements for the class members are not so distinct as to require individualized representation.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Health Care, Medicaid, Class Action
J. Strickland denies, in part, the police officer's motion for summary judgment on the grounds of qualified immunity, ruling that because the decedent had committed no crime and posed no danger to anyone at the time of the initial questioning and detainment, the estate has set forth a plausible Fourth Amendment claim for unreasonable search and seizure. Additionally, the wrongful death and excessive force claims will proceed, as the officer knew or should have known the decedent was unarmed at the time of his arrest and, therefore, the use of a taser and other force to take him to the ground shortly before his death was objectively unreasonable.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv703, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Sweazea denies in part the injured driver's motion to compel, ruling the tire manufacturer is entitled to consulting expert privilege on discovery requests for the identifies of and evidence produced by reconstruction experts, all of which might be used at trial.
Court: USDC New Mexico, Judge: Sweazea, Filed On: December 11, 2023, Case #: 2:22cv89, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Discovery, Privilege
J. Riggs grants, in part, the gun owner's motion for a preliminary injunction, ruling the governor cannot enforce a public health order that prohibits the carrying of firearms in public parks. No historical tradition supports such a ban, while the only cases or laws cited by the government are either too far in the past to be relevant or stem from western territorial laws inapplicable to the Second Amendment. However, because playgrounds are analogous to schools and can be considered sensitive places, that portion of the order is supported by a longstanding history of enforcement and will remain in effect.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 5, 2023, Case #: 1:23cv781, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms, Injunction
J. Ritter grants, in part, the insurer's motion to compel, ruling that because the government's case hinges on the non-application of certain exclusion in the parties' insurance policy, it must provide a response to the interrogatory involving application of that exclusion. Additionally, the government must provide a response to the interrogatory about previous fraudulent conduct by individuals involved in the embezzlement scheme because it deals directly with the coverage dispute that is central to the insurer's defense.
Court: USDC New Mexico, Judge: Ritter, Filed On: December 5, 2023, Case #: 1:22cv242, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Herrera grants the general contractor's motion to dismiss, ruling no evidence in the complaint links it to the supervisor who refused to allow the disabled employee of the subcontractor to bring his service animal on the jobsite. Therefore, it cannot be held liable for the subcontractor's decision to fire the employee. Additionally, there is no evidence the general contractor knew of any contractual relationship between the employee and the subcontractor, and so the interference with a contract claim fails, as well.
Court: USDC New Mexico, Judge: Herrera, Filed On: November 27, 2023, Case #: 1:21cv543, NOS: Employment - Civil Rights, Categories: Employment, Interference With Contract
J. Garcia denies, in part, the automated emulsion equipment manufacturer's motion to dismiss counterclaims filed by the client, ruling the contract claim has merit based on its failure to deliver all of the equipment specified in the parties' amended purchase agreement. Additionally, the breach of good faith and fair dealing claim will proceed based on evidence the manufacturer repeatedly claimed it had completed all of the installation work specified in the contract even though it knew those statements were false.
Court: USDC New Mexico, Judge: Garcia, Filed On: November 22, 2023, Case #: 1:21cv1212, NOS: Other Contract - Contract, Categories: Construction, Fraud, Contract
J. Fouratt grants the employees' motion for conditional class certification, ruling evidence indicating more than 200 individuals worked more than 40 hours per week without overtime pay satisfies typicality requirements, while modest differences between job duties among the prospective class does not prevent the use of a class action to settle the disputes collectively.
Court: USDC New Mexico, Judge: Fouratt, Filed On: November 22, 2023, Case #: 2:22cv579, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
J. Johnson denies the healthcare providers' motion to exclude expert testimony, ruling the estate's witness has worked closely with correctional facility nurses throughout his career and is well-acquainted with protocols at such facilities; therefore, he is qualified and his testimony will be highly relevant to the outcome of the case. Meanwhile, the estate's motion to limit the providers' expert testimony in granted in regard to potential hearsay about the victim's prior methamphetamine use because such statements would be outside the scope of the physician's area of expertise.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 21, 2023, Case #: 1:22cv288, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Wormuth denies the environmental groups' petition for an injunction, ruling such a decision will have no real-world effect on the habitat of the New Mexico meadow jumping mouse. Grazing in its habitat has concluded for the 2023 calendar year and will not resume until a new biological opinion has been released by the National Fish and Wildlife Service; therefore, the claims are moot.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 17, 2023, Case #: 2:21cv733, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Johnson denies, in part, the general contractor's motion to dismiss, ruling while it did not breach the services contract with the subcontractor when it altered the scope of work on a bridge construction project, its decision to dismiss pass-through claims with the New Mexico Department of Transportation related to the alterations presents a viable contract claim for the subcontractor, who was unable to seek reimbursement from the DOT for cost increases.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 16, 2023, Case #: 1:23cv188, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Browning denies, in part, the insurer's motion to dismiss, ruling the New Mexico Supreme Court's decision in a prior case likely applies retroactively to illusory uninsured motorist benefits like the ones in policies held by the class members. Therefore, the class states valid claims for misrepresentation and breach of the covenant of good faith and fair dealing.
Court: USDC New Mexico, Judge: Browning, Filed On: November 15, 2023, Case #: 1:18cv399, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Yarbrough grants, in part, the baler manufacturing company's motion to compel discovery, ruling the former employee must provide more detailed responses to several interrogatories, including his involvement with the development and production of a baler over which he attempted to assert ownership. However, because the employee and other defendants were granted an extension after initially failing to respond to the first set of discovery requests, the manufacturing company is not entitled to attorney fees related to this motion.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: November 8, 2023, Case #: 1:23cv99, NOS: Copyrights - Property Rights, Categories: Discovery, Attorney Fees, Contract
J. Wormuth denies, in part, the school's motion to dismiss, ruling the peer-to-peer harassment claim filed under Title IX by the student who was sexually assaulted by her teacher is plausible at this stage, given the student was bullied continuously after she made allegations of harassment.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 3, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Sweazea grants, in part, the commercial truck driver's motion to compel, ruling the logistics company must provide the name of the co-driver involved in the crash because he could be a crucial witness. However, the driver's request for 10 years of incident records from the logistics company is overly broad and will be denied.
Court: USDC New Mexico, Judge: Sweazea, Filed On: November 1, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Discovery
J. Strickland grants, in part, the class's motion for conditional certification, ruling the worker's declaration of a uniform policy of auto-deduction of a meal break by the health care company satisfies commonality requirements and states a plausible claim under the Fair Labor Standards Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 1:23cv128, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
J. Strickland grants, in part, the city's motion to dismiss, ruling the aircraft company's negligence claim related to its lockout from a hangar does not constitute a claim for property damage and, therefore, the city and its officials are entitled to sovereign immunity.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 2:22cv218, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immunity, Negligence
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