Collins Attorneys Legal Blog
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The Blame Game Begins with the BP Spill: The Public Needs to Weigh In
The class action lawsuits have begun in the BP spill. The first suit filed by Beasley Allen was filed to recover damages, past and future, suffered by the restaurant owners along the…
May 12, 2010 -
Uninsured/Underinsured Coverage Has Broad Scope in New Mexico
The 2005 New Mexico Court of Appeals case of State Farm v. Leubbers points out the extremely broad scope of coverage provided by uninsured/underinsured motorist coverage. The case involved numerous issues surrounding…
May 12, 2010 -
The Myth of the Medical Malpractice Crisis Lives On While Insurance Companies Earn Record Profits
There was a recent New Jersey jury verdict of $18.5 million for a birth injury. The medical malpractice award was reported in The Star Ledger. Essentially, the jury issued the verdict after…
May 7, 2010 -
Taxpayers Will Bear the Brunt of BP‘s Failures
BP seems to be saying all the right things to the press. They acknowledge full responsibility for the accident and its clean up. They have indicated that they are putting every available…
May 3, 2010 -
Worker‘s Compensation Exclusivity for Injured Workers Hard to Overcome
The New Mexico Court of Appeals case, Chairez v. James Hamilton Construction Co., discussed in my prior post also addressed issues related to exclusive remedy of worker‘s compensation for employees injured on…
April 29, 2010 -
Rejection of UM/UIM Coverage Must be in Writing but Need Not be Signed by Insured??
The law in New Mexico regarding the rejection of uninsured/underinsured motorist coverage seems to be turned on its head in the recent New Mexico Supreme Court case of Marckstadt v. Lockheed Martin,…
April 23, 2010 -
Recovery of Punitive Damages Under Uninsured/Underinsured Motorists Coverage
Punitive damages are awarded in limited cases for the purposes of punishment of the defendant. Punitive damages also serve to deter similar such behavior by the defendant and others similarly situated. In…
April 21, 2010 -
Mine Safety? Shareholders Meet the Trial Attorneys!
President Obama has announced sweeping mine safety initiatives in response to the recent West Virginia mining disaster in which 29 miners were killed. This is all well and good, but will it…
April 16, 2010 -
Dram Shop Liability Issues Not Always Apparent
There have been a couple of recent decisions involving very large damage awards against bars for the drunken actions of their patrons. The cases fall under dram shop and premises liability laws…
April 12, 2010 -
Employer Liability for Texting Employees
Mobile phones clearly present a danger to the driving public. Mobile phone use causes over 500,000 auto accident related injuries each year. Texting and driving can be almost as dangerous as drinking…
April 5, 2010