A New Mexico resident driving on the roads within the state gets in to an accident. The driver of the other vehicle causes the collision but does not possess any insurance coverage at the time. The New Mexico resident is injured and wants compensation for the costs of...
Month: February 2014
New Mexico Supreme Court Resolves Long-Standing Water Dispute
In New Mexico, the Public Regulation Commission (PRC) grants licenses to and regulates various utilities who want to operate within the state including water utilities. Back in 1983 the PRC issued Moongate Water Company, Inc. ("Moongate") a certificate of public...
Sales of Homes in Metro Albuquerque Continue to Rise
The Greater Albuquerque Association of Realtors announced that the recovery of the metropolitan Albuquerque real estate market continued to pick up steam in 2013. The sale of 9741 single-family homes last year reflects a return to the level of sales experienced back...
City of Detroit Submits Plan of Adjustment in Bankruptcy Case
The City of Detroit, the largest municipality in the country to avail itself of bankruptcy protection, submitted its Plan of Adjustment to the federal bankruptcy court handling its case. This plan represents the blueprint for how the city seeks to pay its creditors...
Being Careful about One’s Agreements
Parties finding themselves in default of a contract have a strong incentive to cure that default. Often, however, the urgency to remove oneself from a precarious legal posture can lead to even greater future jeopardy. As an instructive example, the case of Rehm v....
New Mexico Legislature Approves Ban on Texting While Driving
Senate Bill 19 which gives police officers authority to stop and cite drivers for texting while driving their motor vehicle passed the New Mexico House by a near-unanimous vote of 62-1. As it already received approval in the Senate by a 37-5 margin, the legislation...
Bankruptcy Trustee Gets Green Light to Pursue Pension to Recover Fraudulent Transfers
When an individual or company files for bankruptcy protection, a duly-authorized trustee takes control of the estate. So long as the bankruptcy action continues, the trustee on the case has the standing to seek to recover any assets or funds he or she believes to be...
When Is a Contract not Really a Contract?
Tesla Motors, Inc. and the Rio Real Estate Investment Opportunities, LLC ("Rio") entered into what was entitled the "Development Agreement" on February 19, 2007.  Under the terms of the agreement, Rio planned to build a 150,000 square foot facility for the electric...
Right to Paternity Test and Grandparent Visitation after Father’s Death
Last year the New Mexico Court of Appeals held in the case of Estate of Swift ex rel. Swift v. Bullington, 309 P. 3d 102 - NM: Court of Appeals 2013 that Ricky Swift (grandfather), who was also a legal representative of his deceased son, Â had the standing to find out...
Three Factors Informing Business Formations
 When an individual or group aspires to start a new business, one of the major decisions that must be made is what kind of business entity should be formed to operate the business. This means figuring out whether to form a corporation or partnership or operate the...
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