New Mexico Bad Faith Law
 

Autovest, L.L.C. v. Debra M. Agosto and Debbie M. Agosto


Las Cruces, New Mexico consumer credit lawyer represented the Defendants sued for breach of contract on an auto purchase agreement.




{¶2} The financial journeys of Debra and Debbie Agosto, and Maria Estrada (collectively, Respondents) share a beginning familiar to many New Mexicans, the purchase of a car.[1] A buyer trades in their old car and signs a six-year fina... More...
   $0 (08-20-2024 - NM)

United States of America v. Caleb Elledge

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with illegally possessing a firearm as a convicted felon.

Felon Who Shot New Mexico State Police Officer Sentenced to 9 Years in Prison



A Los Lunas man ... More...
   $0 (07-09-2024 - NM)

Jenna Sievers and Joel Sievers v. State Farm Mutual Automobile Insurance Company


Albquerque, New Mexico insurance lawyer represented the Plaintiff who sued on a bad faith theory.


On August 16, 2017, Plaintiff Jenna Sievers (“Jenna”) was driving her 2011 Chevrolet Camero when it was struck from behind by another vehicle. ECF No. 1-1 ¶ 6. The collision forced Jenna's vehicle off the road and caused damage to the vehicle and injuries to Jenna. Id. ¶ ... More...
   $0 (07-02-2024 - NM)

Todd Knight v. Travelers Personal Insurance Company

Albuquerque, New Mexico insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the Second Judicial District Court, D-202-cv-23-04261, and was removed to federal court by Travelers Personal Insurance Company.

New Mexico recognizes the tort of bad faith delay or refusal to pay a valid claim by an insured. ... More...
   $0 (04-21-2024 - NM)

United States of America v. Brian N.

Albuquerque, New Mexico criminal defense lawyer represented the juvenile defendant charged with murder of a non-Indian and assault on an Indian.

On December 11, 1987, the government filed a motion to transfer proceedings from juvenile court to the federal district court. In January 1988 the district court held a telephonic hearing before a court reporter with counsel for the government a... More...
   $0 (04-02-1990 - NM)

Leighann Marquez v. Robert Baca, et al.

Albuquerque, New Mexico, insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of contract theory.

This case was filed in the Fourth Judicial District Court and was removed to federal court by the Defendants.

Plaintiff challenged removal and sought remand.

New Mexico recognizes the tort of bad faith delay or refusal to pay a valid c... More...
   $0 (01-12-2024 - NM)

Rachael Guinn v. American Strategic Insurance Corporation

Albuquerque, New Mexico insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.

"In New Mexico, bad faith breach of an insurance contract occurs when an insurance company fails to act in good faith when investigating, evaluating, or settling a claim. This can include a variety of actions, such as:

Unreasonably delayin... More...
   $0 (10-10-2023 - NM)

State of New Mexico v. McArthur Campbell

Albuquerque, New Mexico defendant charged with child sex abuse.

On May 2, 2002, police were called to an apartment building in Albuquerque, New Mexico because the manager of the complex reported that one of her tenants claimed that her boyfriend, 40-year-old MacArthur Campbell, had sexually molested her five-year-old son, I.J.

The boy was taken to a hospital for an examination, w... More...
   $0 (05-13-2002 - NM)

Raymond R. Rodarte v. GEICO General Insurance Company

Albuquerque, New Mexico insurance lawyers represented Plaintiff, who sued Defend on a bad faith breach of contract theory claiming more than $145,000 in damages as a direct result of the denial by Defendant of his claim.





Federal Courthouse - Albuquerque, ... <a href=More...    $0 (02-10-2023 - NM)

Stephanie Epstein v. BOKF, N.A.

Albuquerque, New Mexico civil litigation lawyer represented Plaintiff, who sued Defendant on a breach of fiduciary duty theory claiming more than $75,000 as a direct result of Defendant's wrongful banking practices.





Federal Courthouse - Albuquerque, New M... <a href=More...    $1 (02-10-2023 - NM)

Ronald Howes v. New Mexico Department of Health, et al.

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on an employment discrimination theory.




MoreLaw Legal News For Albuquerque





"
Dr. Howes is a clinical psychologist... More...
   $0 (01-31-2023 - NM)

Conrad Ruybal and Denise Ruybal v. Allstate Vehicle and Property Insurance Company

Albuquerque, New Mexico insurance law lawyers represented Plaintiffs who sued Defendant on a bad faith breach of insurance contract theories claiming damages in excess of $75,000 as a direct result of the failure of the Defendant to pay Plaintiff’s claim.

This case was filed in the Second Judicial District Court, 21cv5605 and was removed to federal court by the Defendant.

<... More...    $0 (10-27-2022 - NM)

Maryann Sosa v. Cody Allen Johnson, Texas Industrial Choice, LLC and St. Paul Fire and Marine Insurance Company

Las Cruces, New Mexico insurance law lawyer represented Plaintiff who sued Defendants on bad faith breach of insurance contract theories claiming damages in excess of $75,000 as a direct result of the failure of the Defendant to pay Plaintiff’s claim.

This case was filed in the Fifth Judicial District Court, 21cv868, and was removed to federal court by Defendants.


More...
   $1 (11-07-2022 - NM)

Roland Dominquez v. Allstate Fire and Casualty Insurance Company

Albuquerque, New Mexico insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory claiming damages in excess of $75,000 as a direct result of the failure of the Defendant to pay Plaintiff’s claim.

This case was filed in the Second Judicial District Court, 21cv4863, and was removed to federal court by the Defendant.


... More...
   $0 (11-21-2022 - NM)

United States of America v. Susan K. Harris and William S. Harris

Albuquerque, New Mexico criminal defense lawyers represented Defendants charged with conspiracy to defraud the United States and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation that previously provided guardianship, conservatorship and financial management to hundreds of people with special needs.

Susan Harris was se... More...
   $0 (07-19-2021 - NM)

State of New Mexico v. Jeremiah Jimmy Apodaca

Albuquerque, NM - Criminal defense attorney represented JEREMIAH JIMMY APODACA with a possession of a weapon or explosive device by a prisoner charge.



Pursuant to his conditional guilty plea to possession of a weapon or explosive
20 device by a prisoner, contrary to NMSA 1978, Section 30-22-16 (1986), Defendant
21 app... More...
   $0 (05-23-2021 - NM)

Valerie Ann Pohl v. Social Security Administration

Albuquerque, New Mexico social security disability lawyer represented Plaintiff, who sued the Social Security Administration seeking review of the denial of her application for SSID benefits by HHS.

42 U.S.C. Section 405(b) provides:
(b) Administrative determination of entitlement to benefits; findings of fact; hearings; investigations; evidentiary hearings in reconsiderations of disa... More...
   $0 (03-11-2021 - NM)

STATE OF NEW MEXICO v. LUIS MARTINEZ

Albuquerque, NM - Criminal defense lawyer represented defendant Luis Martinez charged with criminal sexual contact of a minor in the third degree (child under 13).




4 {2} Defendant was charged with multiple counts of CSCM for sexually abusing
5 Victim, who was twelve years old, during two separate incidents on Thanksgiving
6 Day 2014. Vic... More...
   $0 (10-15-2020 - NM)

STATE OF NEW MEXICO v. MARIO Z. RAEL

Taos, NM - Criminal defense lawyer represented defendant Mario Rael charged with f aggravated battery against a household member (great bodily harm), assault (attempted battery) against a household member and false imprisonment .




14 {2} Because this is a memorandum opinion and the parties are familiar with the
15 facts and procedural history ... More...
   $0 (10-15-2020 - NM)

Roxanne Torres v. Janice Madrid; Richard Williamson





In this excessive-force case, Roxanne Torres appeals from a district court order
that granted the defendants motion for summary judgment on the basis of qualified
immunity. Exercising jurisdiction under 28 U.S.C. 1291, we affirm.
BACKGROUND
Early in the m... More...
   $0 (05-02-2019 - NM)

United States of America v. Michael Dalton





In 2017, Michael Dalton was convicted by a jury of being a felon in possession
of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(e). Dalton challenges his
conviction on several evidentiary grounds. We agree with only one of Daltons
argumentsthat the distri... More...
   $0 (03-21-2019 - NM)

STATE OF NEW MEXICO v. ERNEST BRYAN BARELA

Defendant was charged with residential burglary, unlawful taking of a motor 8 vehicle, stalking, larceny, and escape or attempt to escape from a peace officer on 9 June 21, 2012. Defendants charges stemmed from an event on May 22, 2012, 10 involving Defendants ex-girlfriend, E. Ramirez. Defendant and Ms. Ramirez had 11 been involved in a two-year relationship and had a child together in March 2... More...    $0 (08-09-2018 - NM)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al.

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the Tribe or Nation),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (IGRA), 25 U.S.C. 27012721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

Rita Buccheri v. GEICO Insurance Company

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Albuquerque, NM - Rita Buccheri sued GEICO Insurance Company on a breach of insurance contract theory.

Date Filed # Docket Text
02/23/2018 166 NOTICE of Briefing Complete by Rita Buccheri re 133 MOTION for Summary Judgment for Violation of the Unfair Practices Act, Trade Practices and Frauds Act or in the Alternative For Partial Summary Judgment for Insurance Bad Faith filed by Rita... More...
   $0 (03-22-2018 - NM)

STATE OF NEW MEXICO v. NOE TORRES

In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...
   $0 (03-17-2018 - NM)

Walter Stephen Jackson v. Los Lunas Community Program

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendantsthe two institutions and the individuals charged
with their operationwere violating class members ... More...
   $0 (01-23-2018 - NM)

Anderson Living Trust v. Energen Resources Corporation

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the worlds economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

STATE OF NEW MEXICO v. GAVINO LUNA

COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendants convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Childs twelve-year-old sister because Childs mother was hospitalized. Defendant
18 lived with Childs grandmother. According to Child, Defendant showed Child ugly
19 movies that showed photographs of women showing th... More...
   $0 (01-09-2018 - NM)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM MACK VAUGHAN v. ST. VINCENT HOSPITAL, INC

COURT OF APPEALS OF THE STATE OF NEW MEXICO

William Mack Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

United States of America v. Gabriel Mirabal

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal is brought by Mr. Gabriel Mirabal. He is a convicted
felon, which prevented him from lawfully possessing a gun. 18 U.S.C.
2
922(g)(1). But authorities thought that they had seen Mr. Mirabal put an
assault rifle in the trunk of a car. This sighting led authorities to arrange
for a local officer to stop Mr. Mirabal for a traffic violation and to search
the trunk... More...
   $0 (11-30-2017 - NM)

STATE OF NEW MEXICO v. DENNIS SAMUEL MIERA

Musician gets 24 years for molesting child

Defendant Dennis Miera met Margarita Burciaga (Margarita) in 2000. The two
18 began dating, and eventually moved in together. When the relationship ended in the
19 spring of 2003, the couple split amicably, and Defendant continued to babysit
2
1 Margaritas children. In the summer of 2006, Defendant had agreed to watch G.M.,
2 Margaritas eight-year-old daughter. Before the vis... More...
   $0 (11-29-2017 - NM)

Fundamental Administrative Services, LLC v. Seth T. Cohen

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Fundamental Administrative Services, LLC, and Fundamental Clinical Consulting,
LLC (collectively, Fundamental), appeal from a district court order that dismissed their
complaint to compel arbitration. Exercising jurisdiction under 28 U.S.C. 1291, we
affirm.
2
BACKGROUND
In January 2014, Tessie Hammann was admitted to the Casa Arena Blanca
Nursing Center in New Mexic... More...
   $0 (10-03-2017 - NM)

Quentin Scott v. City of Albuquerque

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to willfully interfere with the
educational process at a public school. N.M. STAT. ANN. 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (SRO) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...
   $0 (10-05-2017 - NM)

STATE OF NEW MEXICO v.n BILL TURNER

Defendant was indicted on 211 counts, including 52 counts of securities fraud,
18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1
52 counts of forgery, two counts of theft of identity, and one count of conspiracy to
2 commit securities fraud. Following Defendants plea of not guilty, the State filed a
3 motion to set conditions of release. Afte... More...
   $0 (04-10-2017 - NM)

STATE OF MONTANA v. BRAD EDWARD DAFFIN

On January 9, 2014, R.S. disclosed to her school counselor that she had been
sexually assaulted by Daffin, at the end of the previous summer, while she was 12-13
years old. Later that day, at Emmas House, a Childrens Advocacy Center in Hamilton,
R.S. participated in a forensic interview with Valerie Widmer (Widmer), a licensed
clinical social workerwith specialized training ... More...
   $0 (04-05-2017 - NM)

STATE OF NEW MEXICO v. BILL TURNER

Defendant was indicted on 211 counts, including 52 counts of securities fraud,
18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1
1 52 counts of forgery, two counts of theft of identity, and one count of conspiracy to
2 commit securities fraud. Following Defendants plea of not guilty, the State filed a
3 motion to set conditions of release. Af... More...
   $0 (04-05-2017 - NM)

United States of America v. Darryl J. Gutierrez

Albuquerque, NM

A federal jury sitting in Albuquerque, N.M., returned a verdict finding Darryl J. Gutierrez of Santa Fe, N.M., guilty of violating the federal tax laws. Gutierrez, 61, was found guilty of obstructing and impeding the administration of the internal revenue laws and filing false tax returns.

Gutierrez was indicted on Nov. 5, 2015, and charged with one count of obstr... More...
   $0 (04-02-2017 - NM)

State of New Mexico v. William Kalinowski

Santa Fe, NM - Jury Convicts Real Estate Developer of Fraud and Embezzlement

The State of New Mexico charged Santa Fe real estate developer with fraud and embezzlement including eight second-degree felonies and one misdemeanor relating to the operation of his luxury home development and construction business Barranca Building and other businesses and development, including Las Campanas.More...
   $0 (12-02-2016 - NM)

United States of America v. Danny James Heinrich

Minneapolis, MN - Danny Heinrich Admits To Murder Of Jacob Wetterling

Danny James Heinrich, 53, pleaded guilty to federal child pornography charges. As part of his allocution, HEINRICH admitted in court that on October 22,1989, he abducted, sexually assaulted and murdered 11-year-old Jacob Wetterling. HEINRICH also admitted that, in January 1989, he abducted and sexually assaulted 12-yea... More...
   $0 (09-07-2016 - NM)

United States of America v. Patrick M. Lopez

Albuquerque, NM - Former Bernalillo County Firefighter Sentenced to Prison for Federal Child Pornography Conviction - Defendant Prosecuted Under Project Safe Childhood

Patrick M. Lopez, 48, of Albuquerque, N.M., was sentenced to 18 months in prison followed by ten years of supervised release for his conviction on child pornography charges. Lopez also was ordered to pay a $3,000 fine. He... More...
   $0 (08-07-2016 - NM)

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