New Mexico Lawyers Serving New Mexico's Legal Needs Since 1997

November 2013 Archives

Premises Liability Cases in New Mexico

Slip-and-Fall negligence cases are often difficult cases to prosecute because many of the companies and insurers who defend against such cases take a hardline approach in New Mexico against people injured in these situations. Slip-and-fall cases usually occur at public places such as clothing stores or supermarkets where customers congregate to buy needed products or goods. Sometimes they occur in the parking lots that these establishments maintain for their customers.  Most personal injury attorneys recognize that department stores, grocery stores and other institutions will fight the claim of negligence to discourage potential claimants from even thinking about pursuing a slip-and-fall case.

Key Considerations in Negotiating Commercial Leases

When starting a new company or moving your business to a new location, it is vital that you give careful consideration to many aspects of the lease before reaching any agreement. Some of these aspects, such as location, will have less to do with legal matters and more with whether that location will help or hurt your business’s attractiveness. (Of course, if your business does not intend to attract customers or clients to the location, that factor may be irrelevant except as it relates to you and your employees’ability to commute there.)

Construction Law Not Exclusively Contractual

New Mexico attorneys who practice construction law rely on the actual contracts between parties to a dispute. However, not all matters of dispute in construction cases get litigated just on the basis of contractual claims. New Mexico litigators rely on a variety of claims in construction cases, the nature of each being described below:

Catching Issues Before Closing on New Home

In the minds of many prospective home buyers, the most significant role their real estate attorney often plays involves the negotiation of sale terms as well as ensuring that all the documentation is drafted correctly. And with regard to the closings of most real estate deals, that attitude is correct. But conscientious real estate attorneys recognize that to protect their client’s interests, they must guard against other potential problems.

Chapter 13’s benefits over Chapter 7

In the last several years, many New Mexico residents, have considered whether filing for bankruptcy makes sense because they have lost their jobs, incurred extremely high medical bills or faced home foreclosures. Although many people have a general idea about bankruptcy, they do not necessarily have a deep understanding of the process.

Making Your Judgment More than Just a Piece of Paper

The owner of a plumbing company consults with his attorney because one of his customers has not paid for a large job that was successfully completed several months earlier. After sending out monthly invoices replete with late fees and monthly interest charges which caused the bill to escalate each month, the company has yet to receive any payment. The attorney prepares a demand letter threatening to sue and seek all outstanding charges, as well as any attorney’s fees that are incurred. The customer does not respond so the lawyer files suit. The litigation lasts for several months (over a year, in fact) until a jury returns a verdict awarding the plumbing company every penny sought. The trial judge enters a judgment for the full amount awarded. So is that it? Does the defendant (the customer who lost the case) in this case have to pay up immediately? If only it were so easy.

Loan Workouts; Nipping it in the Bud

About two decades ago the acclaimed and prolific novelist, Tom Wolfe, came out with the book, A Man In Full. The novel was about a fictional developer who owned many high-rise buildings and office parks in the metropolitan Atlanta area. One of the problems this character faced was that he was failing to make his required periodic loan payments to some of the banks which financed his many projects. A good part of the narrative revolves around the interplay between certain bank executives and this business leader.

Exacerbating the Problem of Contract Breach

At some point in their careers, experienced business people believe they can handle certain problems without first consulting with their attorneys. This often happens when decision makers have addressed certain issues before but do not recognize a specific issue which may affect the outcome of their dispute. The following dispute between a commercial landlord and his tenant illustrates this predicament.

Municipal and Business Bankruptcies Similar in Some Respects

On October 28, 2013, a federal judge in Michigan heard arguments from creditor groups that the bankruptcy for the City of Detroit should be dismissed because the constitution for the State of Michigan prohibits a bankruptcy court from modifying benefit payments for pension holders and retirees. The case puts general bankruptcy rules against a special protection peculiar to that state’s constitution.

October Oil Explosion in Texas, One of Many Recent Similar Incidents

On the morning of October 9, 2013, several salt-water tanks and diesel fuel containers exploded and a man from Gonzales, Texas sustained severe burns after falling from a high ladder. Local, state and federal officials are investigating the cause of the explosion. The injured man was said to have burns over 20 to 30 percent of his body.

Nursing Homes Hot Beds for MRSA Infections

Methicillin-resistant Staphylococcus Aureus (MRSA) infections are becoming more prevalent in hospital settings. Earlier this year, in the March issue of Infection Control and Hospital Epidemiology, the official journal of the Society for Healthcare Epidemiology of America (SHEA), an article discussed how residents in nursing homes are acquiring MRSA infections. Just as hospitals serve as incubators for infections, nursing homes are also subject to infection. This study reveals the full extent of this national problem.

Beware of Extra Fees in Commercial Leases

When business owners look for a location for their business, they should have some concerns about negotiating their commercial lease. Unlike residential leases which often charge monthly rent and a late fee, commercial leases in New Mexico often contain many other charges beyond the base rent.

In New Mexico Judicial Foreclosure Is The Typical Route

Some states provide a non-judicial route to the foreclosure of residential homes. The State of New Mexico has this option, but it is rarely used. Generally, in judicial foreclosure, a court decrees the amount of the borrower’s debt and gives him or her a short time to pay. If the borrower fails to pay within that time, a notice of sale is then published.

Watch our videos to learn of the many ways we can help you with your legal needs.

Email Us For A Response

How can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Firm Location:

Giddens & Gatton Law, PC
10400 Academy Road NE
Suite 350
Albuquerque, NM 87111

Phone: 505-273-3720
Fax: 505-271-4848
Map & Directions

Firm Numbers:

  • linkedin
  • gplus
Review Us