8 results for 'judge:"Sweazea"'.
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. 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. 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. 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. Sweazea grants the out-of-state advertising companies' motion to dismiss for lack of jurisdiction, ruling the consumer's failure to provide more than speculation as to whether the companies sent unsolicited text messages about male enhancement drugs prevents him from establishing the business contacts in New Mexico to enforce the long-arm statute. Meanwhile, the New Mexico-based defendant's motion to dismiss will also be granted. Although it operates the website linked in the text messages, there is no evidence it sent the text messages or hired someone to do so.
Court: USDC New Mexico, Judge: Sweazea, Filed On: August 30, 2023, Case #: 2:22cv828, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Jurisdiction
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J. Sweazea remands to state court remaining claims in a case brought by one resident against community officials and another resident alleging that the community improperly allowed that second resident to violate rules allowing only “one dwelling unit per one lot.” The resident who sued has not established why she should be able to bring claims in federal court over this matter — not least because her property was not directly affected — though she may try her claims in state court.
Court: USDC New Mexico, Judge: Sweazea, Filed On: May 30, 2023, Case #: 1:22cv324, NOS: Other Civil Rights - Civil Rights, Categories: Property, Real Estate, Jurisdiction