New Mexico Fiduciary Duty Law
 

Joshua Tapia v. United States of America

Albuquerque, New Mexico personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered damages and/or injuries as a direct result of a federal government employee's failure to exercise due care in the operation of a motor vehicle.

New Mexico Auto Negligence Law:

"Pure Comparative Negl... More...
   $1 (10-25-2023 - NM)

Brianna Neal and Tyanna Stiles v. Stone Truck Line, Inc. and Arleen Sandoval

Albuquerque, New Mexico personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $12 million in damages and/or injuries.

New Mexico Auto Negligence Law:

"Pure Comparative Negligence:

Unlike many other states, New Mexico follows a pure comparative negligence law. This means tha... More...
   $1 (12-15-2023 - NM)

Derrick Yazzie v. Seth Fezatte and Werner Enterprises, Inc.

Albuquerque, New Mexico personal injury Truck wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

New Mexico Auto Negligence Law:

"Pure Comparative Negligence:

Unlike many other states, New Mexico follows a pure comparative negligence law. This means that even... More...
   $1 (12-13-2023 - NM)

United States of America v. Shilo Aaron Oldrock

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with second degree murder and voluntary manslaughter relating to the deaths of two victims, E.B and P.S., on August 14, 2023.

On the night of January 29, 2021, Shilo Aaron Oldrock, age 30, an enrolled member of the Spirit Lake Sioux Tribe, and the victims were drinking and Oldrock was using methamphetamine. ... More...
   $0 (11-29-2023 - NM)

Dennis Murphy, et al. v. Altec Industries, Inc. et al.

Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

This case was filed in the First Judicial District Court, D-101-CV-22-02361, and was removed to federal court by the Defendants.

Dennis Murphy as Personal Representative of the Wrongful Death Estate of Mark Porter, deceased
estate of Mark Porter, dece... More...
   $0 (10-10-2023 - NM)

Alicia Charlie v. Rehoboth McKinley Christian Health Care

Albuquerque, New Mexico personal injury lawyers represented Plaintiffs who sued Defendant on a negligence theory claiming to have been injured and/or damages as a direct result of the disclosure of personal information caused by a data breach.

Plaintiffs filed this action in state court on June 4, 2021. Class Action Complaint, Doc. 2 (“Compl.”) at 3. Defendant removed it to federal co... More...
   $0 (07-18-2023 - NM)

A.L. v. Leon Martin and State of New Mexico

Albuquerque, New Mexico personal injury lawyer represented Plaintiff who sued defendants on a New Mexico Tort Claims Act theory.


This case arises out of the alleged rape, assault, battery, false imprisonment, and false arrest of A.L. by Defendant Leon Martin. Doc. 1, Ex. 2 (“Complaint”). Defendant Martin was employed by the Isleta Pueblo Police and was a licensed peace officer co... More...
   $0 (05-22-2023 - 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)

Alicia Kay Ferrill v. Colfax County Board of Commissioners, et al.

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on a Civil Rights Act Violation theory.




MoreLaw Legal News For Albuquerque






The beneficiaries of the Estate of Le... More...
   $0 (02-01-2023 - NM)

United States of America v. Anthony Buntyn

Albuquerque, New Mexico criminal defense lawyer represented Defendant charged with violating the civil rights of a pretrial detainee in his custody.




MoreLaw Legal News For Albuquerque





Anthony Buntyn, 55, a... More...
   $0 (02-01-2023 - NM)

Carlos Perez v. Dolgencorp, LLC

Las Cruces, New Mexico personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.




MoreLaw Legal News For Las Cruces

... More...    $1 (12-09-2022 - NM)

United States of America v. Rick Benavidez

Albuquerque, New Mexico criminal lawyer represented Defendant charged with leading and organizing two auto loan fraud schemes involving a total intended loss of more than $1.5 million.

Rick Benavidez, age 47, from Albuquerque, New Mexico pleaded guilty on April 29 to two counts of bank fraud, one count of conspiracy to commit bank fraud and one count of making fraudulent returns, state... More...
   $0 (08-24-2022 - NM)

United States of America v. Diane Mariani

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with willful failure to collect or pay over tax.

Until 2015, Diane Mariani, age 66, of Taos, was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business... More...
   $0 (05-19-2022 - NM)

United States of America v. Nick L. Medeiros and Bobby D. Greaves

Albuquerque, New Mexico criminal defense lawyers represented Defendants charged with conspiracy, fraud and making false statements.

A federal grand jury indicted Nick L. Medeiros, age 49, and Bobby D. Greaves, age 62, Greaves on June 13, 2018, charging the two men with conspiracy, major fraud against the United States, and two counts of false statements. The indictment also included forfe... More...
   $0 (03-29-2022 - NM)

United States of America v. Akal Security

Albuquerque, New Mexico civil litigation lawyers represented Defendant accused of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Since 2005, military reservist, Chief Petty Officer Robert M. Diaz (Ret.) worked as a full-time Court Security Officer (CSO) at the Moakley Federal Courthouse in Boston. He also served our country as a member of the Co... More...
   $0 (08-10-2021 - 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)

STATE OF NEW MEXICO V. KARL CANDELARIA and STATE OF NEW MEXICO V. NORA CHEE



Defendants Nora Chee and Karl Candelaria each appeal from separate
3 judgments and sentences following a jury verdict finding them both guilty of fraud,
4 forgery, and conspiracy to commit fraud, and Defe... More...
   $0 (05-02-2019 - NM)

Darlene Collins v. Charles W. Daniels, et al.





This is a 1983 case that challenges the constitutionality of New Mexicos
system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of
New Mexico (BBANM), and five New Mexico state legislators (the Legislator
Plaintiffs) allege that ... More...
   $0 (02-26-2019 - 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)

United States of America v. Christopher M. Holbroo

District of New Mexico Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Former Las Cruces U.S. Customs and Border Protection Officer Pleads Guilty to Obstruction of Justice

The Justice Department announced that on April 19, 2018 former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice.

The charge stems from Holbrooks falsific... More...
   $0 (04-19-2018 - NM)

STATE OF NEW MEXICO v. SHANAH CHADWICK-MCNALLY

The State charged Defendant with an open count of first-degree murder, a
5 capital felony, see NMSA 1978, 30-2-1(A) (1994), and with one count each of
6 first-degree kidnapping, robbery, and conspiracy to commit robbery. The charging
7 document specifically alleged two aggravating circumstances related to the
8 first-degree murder charge: (1) Defendant committed the murder wi... More...
   $0 (03-17-2018 - NM)

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 courts 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)

Estate of Vera Cummings v. Community Health Systems, Inc.

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - 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)

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)

United States of America v. Paul Donisthorpe

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Paul Donisthorpe Pleads Guilty to Federal Wire Fraud and Money Laundering Charges Arising Out of Scheme to Embezzle $4.8 Million from Client Trust Accounts - Plea Agreement Recommends Eight-to-Twelve-Year Prison Sentence and Requires Restitution in Amount of $4,812,857

Paul Donisthorpe, 62, pleaded guilty on November 27, 2017 in federal court in Albuquerque, N.M., to wir... More...
   $0 (11-29-2017 - NM)

State of New Mexico v. Wesley Davis

{1} This case concerns the inventory search exception to the warrant requirement.
4 The Court of Appeals concluded that the inventory search that occurred in this case
5 was invalid because Defendant Wesley Davis did not possess the backpack searched
6 at the time of arrest as the backpack was not on his person or in his physical
7 possession . . . . State v. Davis, 2016-NMCA-073... More...
   $0 (11-09-2017 - NM)

STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT v. MICHAEL H., and IN THE MATTER OF JAYDAMAE S.

COURT OF APPEALS OF THE STATE OF NEW MEXICO

Child was born in March 2015. The New Mexico Children, Youth and Families
13 Department (CYFD) took Child into custody on April 11, 2016. CYFD then filed an
14 abuse/neglect petition on April 13, 2016 naming Mother and Father as respondents,
15 and Carlos G. (Husband) as an interested party. Based on information provided by
16 Mother, CYFD alleged that Father is the biological fat... More...
   $0 (11-08-2017 - 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)

Mary Anne Sause v. Jason Gutierrez

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

Defendant Jason Gutierrez is serving a 192-month term in federal prison. After the
United States Sentencing Commission amended several of the guidelines under which he
was sentenced, Mr. Gutierrez filed a motion under 18 U.S.C. 3582(c)(2), asking the
district court to reduce his sentence to 168 months. Instead, the district court reduced his
sentence to 188 months, concluding it ... More...
   $0 (06-20-2017 - NM)

United States of America v. Jesse Denver Hanes

Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, Pleads Guilty to Federal Firearms and Carjacking Offenses

Hanes, who is being Prosecuted under Federal Worst of the Worst Anti-Violence Initiative, Agrees to Sentence of Life Imprisonment without the Possibility of Release

Jesse Denver Hanes, who allegedly shot and killed Hatch Police Officer Jose Cha... More...
   $0 (05-30-2017 - nm)

STATE OF NEW MEXICO v. ZACHERY E. LINDSEY

In October 2013 Defendant pled no contest to residential burglary, a third
18 degree felony, and larceny, a fourth-degree felony, offenses committed in November
19 2012 when Defendant was nineteen years old. For those offenses, Defendant received
2
1 a conditional discharge, contingent upon his successful completion of five years
2 probation and repayment of up to $1,417 in r... 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. Enrique Chavarria

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2... More...
   $0 (09-16-2016 - NM)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to start pulling o... More...
   $0 (08-24-2016 - NM)

STATE OF NEW MEXICO v . TRUETT THOMAS

On June 3, 2010, Guadalupe Ashfords body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...
   $0 (06-22-2016 - NM)

STATE OF NEW MEXICO v. JUDD MOORE

Defendant was arrested on July 13, 2010, based on charges filed in the
10 magistrate court consisting of several counts of forgery, embezzlement, and
11 conspiracy to commit forgery. On July 14, 2010, Defendant made his first appearance,
12 and was released from custody subject to conditions three days later. The complaint
13 against Defendant was then dismissed without prejudice ... More...
   $0 (06-11-2016 - NM)

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