Author: Paul Hibner

To bring a tenable loss of consortium claim, a plaintiff must show: 1) a sufficiently close relationship with the injured party and, 2) plaintiff’s distress was foreseeable. Wachocki v. Bernalillo County Sheriff’s Dep’t, 2011-NMSC-039, ¶5. Several factors are relevant in determining whether a sufficiently close relationship existed to bring a loss of consortium claim. These factors include... Continue Reading

Under New Mexico’s Tort Claims Act, the government is generally immune from tort claims while acting in the scope of public duty. See NMSA 1978 § 41-4-4 (1978). Immunity is waived, however, when plaintiff’s damage iscaused: (1) by a public employee’s negligence; (2) acting within the scope of their duties; (3) in the operation or maintenance of;... Continue Reading

Whether a worker is an employer or an independent contractor is determined by several factors. The United States Internal Revenue Service (“IRS”) provides a test to determine whether a worker is an independent contractor or an employee. The IRS test involves several factors including, inter alia; 1.         whether the business has retained the right to control... Continue Reading

Federal Rule of Civil Procedure 27             We represent an insured whose insurance company attempted to seek discovery against clients in a lawsuit the insurance company described as “impending.” The insurance company filed a Petition under Rule 27 of the Federal Rules of Procedure.              Rule 27(a)(1) of the Federal Rules of Civil Procedure provides... Continue Reading