New Mexico ERISA Law
 

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

Kenneth Z. Slater v. A.G. Edwards & Sons, Inc.

Thornburg Mortgage, Inc. was an originator and purchaser of home loans and one of the many casualties of the 2007-2009 financial crisis. Cut off from its usual sources of financing, Thornburg attempted to raise new capital through a series of stock offerings in 2007 and early 2008. But as the mortgage market continued to sour, Thornburg’s problems mounted and the value of its stock declined. Inv... More...    $0 (07-09-2013 - NM)

Dana Peterson, M.D. v. Sun Life Assurance Company of Canada

Dr. Dana Peterson appeals from the district court’s grant of summary judgment dismissing his claims under the Employee Retirement Income Security Act (“ERISA”). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Peterson began working for Southwest Medical Associates, Inc. (“Southwest Medical”) as a family practice physician in 1992. In September 2008, the New Me... More...
   $0 (03-22-2012 - NM)

Cynthia and Perfecto Provencio v. Steven L. Wenrich, D.O.

{1} Plaintiffs Cynthia and Perfecto Provencio appeal the district court’s dismissal of their negligence case against Defendant Steven Wenrich, D.O. Plaintiffs filed suit against Defendant seeking damages for the costs of raising their child conceived after an unsuccessful sterilization procedure performed by Defendant. After the close of Plaintiffs’ case at a jury trial, Defendant moved for ju... More...    $0 (07-09-2010 - NM)

Stella R. Kirby v. Guardian Life Insurance Company of America

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...    $0 (03-04-2010 - NM)

Alliance Health of Santa Teresa, Inc., etc. v. National Presto Industries, Inc. and The Araz Group


{1} This is the second time this case has come before us for review. Alliance Health of Santa Teresa, Inc. (Alliance) brought suit against National Presto Industries (National Presto) and The Araz Group (Araz) (collectively Defendants) for promissory estoppel, fraud, breach of contract, and ERISA benefits. This case was originally before us for review based on a dismissal of Alliance'... More...
   $0 (10-25-2007 - NM)

Rodney Miller v. Monumental Life Insurance Company and NASRA TPA, Inc., et al.

Rodney Miller filed suit in the United States District Court for the District of New Mexico challenging Monumental Life Insurance's (Monumental's) denial of a request for long-term disability benefits. The district court granted summary judgment for Monumental. Because the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, governs the terms of Monumental's master-... More...    $0 (10-01-2007 - NM)

Kim Talbott and Bonnie Talbott, as Personal Representative of the Estate of Damon K. Talbott v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also addre... More...    $0 (08-11-2005 - NM)

Shirley O. Fought v. Unum Life Insurance Company of America

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan.

A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "... More...    $0 (08-13-2004 - NM)

Louise Gilbertson v. Allied Signal, Inc. and Life Insurance Company of North America

Louise Gilbertson began working for AlliedSignal as an Administrative Support Coordinator in 1992. In March, 1998, Mrs. Gilbertson consulted her family physician, Dr. Gwen Robinson, complaining of chronic pain in her neck, shoulders, and arms, as well as frequent headaches, sleep disturbance, and difficulty concentrating. Based on these symptoms, and on the discovery of certain "pressure points... More...    $0 (05-08-2003 - NM)

Jim Aken v. Plains Electric Cooperative & Transmission Cooperative, Inc.

{1} In this punitive damages case, we are asked to assess jury awards in favor of Jim Aken and against Plains Electric on Aken's claims for retaliatory discharge and defamation. We conduct an analysis on procedural and substantive levels and affirm the jury awards.

FACTS

{2} On July 28, 1993, Aken had worked for Plains for nine years. He had been selected employee of the mo... More...    $300000 (06-05-2002 - NM)

George V. Acosta, et al. v. Cyprus Amax Minerals Company

Plaintiffs, a group of former mine workers, appeal the district court's dismissal of their claims for severance pay from defendant Cyprus Amax Minerals Company. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

In November 1986, Amax Potash Corporation (Amax Potash), a wholly-owned subsidiary of Amax, Inc. (Amax), began operating a potash mine near the city of Carlsbad,... More...    $0 (12-12-2001 - NM)

Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: