Reed Smith LLP (LexBlog Mexico)

In this post, we build upon the electoral analysis provided in an earlier blog posted on February 10, 2022, entitled “New AGs Take the Reins in Key States with Largest AG Election Cycle in Years on the Horizon.” You can access that post, which provides interim developments on attorney general appointments in North Dakota and...

New Mexico calls itself the Land of Enchantment, and with good reason. Carlsbad Caverns, White Sands National Monument, the Albuquerque Balloon Festival, the ski slopes of Taos, and Chaco Culture National Historic Park are all splendid visual treasures. A green chili burger is a lovely work of art. And there is a reason all that...

Today we discuss a putative class action in which the named plaintiffs are a registered nurse who refuses to take a basic precaution to protect her vulnerable patients and a mother who is more interested in displaying her livestock than protecting her neighbors. Brought on behalf of all New Mexico residents who are equally selfish,...

On April 30, 2021, the Mexican Chamber of Senators and Deputies passed a new law on “Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting.” The law seeks to eliminate and prosecute non-transparent media practices between advertisers, media owners, and agencies. The law will go into effect on September 1, 2021. The new law...

Happy San Jacinto Day. On April 21, 1836, Texans won the battle of San Jacinto, the last battle of the Texas revolution, in which Texas secured its independence from Mexico. In the past 185 years, Texans have never ceased showing an independent streak. That is true for Texas product liability law. It is uncommonly sensible....

Recently we published a post, “One, Two, Three Strikes You’re Out,” about three recent (non-pelvic) mesh wins that occurred less than one week apart.  We spent the most ink on Nowell v. Medtronic Inc., ___ F. Supp.3d ___, 2019 WL 1434971 (D.N.M. March 29, 2019), which also happened to be the longest of the trio...

We just returned from four days of depositions in Roswell and Carlsbad, New Mexico. We were pleased to cross this state off of the “not yet visited” list on our bulletin board. But it seems that we found the least picturesque cities in the entire state. At this time of year, the 75-mile drive from Carlsbad...

Companies are facing operational and logistical challenges in recovering from the widespread destruction caused by these natural disasters. They will be looking to property damage and business interruption insurance to get them back on track. The time and cost to return to normal operations could be unusually long given the widespread destruction and the lack...

New Mexico is called the Land of Enchantment, but when it comes to law it is the Land of You Can’t Make this Up.  You might think it weird that New Mexico’s state constitution (Article VII, section 1) specifies that idiots aren’t allowed to vote, but maybe it’s the other 49 states that have it...

While there is no federal law requiring companies to notify individuals of data breaches, South Dakota and Alabama will be the only states without data breach legislation if Gov. Susana Martinez signs New Mexico’s H.B. 15, which the state legislature passed March 16. While the bill itself applies only to New Mexico residents, passage of...

In early September, Mexico’s data protection authority, the National Transparency, Information Access and Data Protection Institute (INAI), issued a fine of 32 million pesos (U.S. $1.95 million) to Mexican bank Grupo Financiero Banorte after the bank neglected to notify its customers that it had suffered a data breach. The breach came about during an update...

This post was written by Gregory J. Sagstetter. Effective July 1, 2015, Virginia will join the growing list of states (including Arkansas, Colorado, Illinois, Louisiana, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin) that have enacted legislation restricting the circumstances in which an employer can access...

MEXICO: New Privacy Notice Guidelines were introduced April 17, 2013, specifying the format and contents of privacy notices required for the direct or automated collection of personal data. The Guidelines seek to enable data subjects to make free and informed choices, by ensuring that they are given information and an opportunity to consent and object...

We’ve followed, albeit fitfully, the saga of the learned intermediary rule in New Mexico. Our first post on the subject, available here, protested an adventurous (and Erie-improper) decision by a New Mexico federal district court that ignored no fewer than five decisions by the New Mexico Court of Appeals (Serna v. Roche Laboratories, 684 P.2d...

In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. LA. July 2011) (Rec. Doc. 2169), decides a motion to stay litigation between Anadarko and BP on the basis of the international agreement titled “Macondo Well Joint Operating Agreement” (JOA). The Court...

To prevent job applicants with criminal records from automatic hiring rejection, cities and states are considering and already adopting so-called “Ban the Box” laws and ordinances. Among the states that have adopted such a law are Connecticut, Hawaii, Massachusetts, Minnesota, and New Mexico, and the cities of Atlanta, Baltimore, Chicago and Philadelphia. Among the states mulling such...

This post was also written by Larry Demase. Summary The oil spill in the Gulf of Mexico has increased the chances that Congress will send energy-related legislation to the President’s desk before the midterm congressional elections in November. We note that last year the House of Representatives passed and sent to the Senate H.R. 2454, the...

On April 27, 2010, the Mexican Senate passed Ley Federal de Protección de Datos Personales en Posesión de los Particulares (the Federal Law for Protection of Personal Data (FLPPA)). President Felipe Calderon is expected to sign the FLPPA into law soon, and thereafter, the FLPPA will be published and its regulatory provisions enacted. The objective of the FLPPA is to provide regulatory mechanisms...

This post was also written by Anthony Traymore. On April 27, 2010, the Mexican Senate passed Ley Federal de Protección de Datos Personales en Posesión de los Particulares (the Federal Law for Protection of Personal Data (FLPPA)). President Felipe Calderon is expected to sign the FLPPA into law soon, and thereafter, the FLPPA will be...

A while ago we reported on what we saw as a violation of Erie v. Tompkins principles in Rimbert v. Eli Lilly, where a federal district court, ignoring three state intermediate court cases, predicted that New Mexico would expand tort liability by not following the learned intermediary rule. Well, that judge recused himself for unstated...

Egad — yet another post on removal! We’ll try to keep it mercifully brief. In In re Avandia Marketing, Sales Practices and Prods. Liab. Litig., [That caption about covers the waterfront, doesn’t it?] MDL No. 1871, 2009 U.S. Dist. LEXIS 51558 (E.D. Pa. June 18, 2009), GlaxoSmithKline removed two “Avandia supposedly increases the risk of...

We recently saw some helpful news out of New Mexico in a case involving a protective order in a pharmaceutical product liability case. Eon manufactures generic buproprion. The plaintiffs in Bertetto v. Eon Labs, Inc., 2008 WL 2522571 (D.N.M. May 29, 2008) (here’s a link to the slip opinion), had insisted on a provision in...