New Mexico Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
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- Employment Law
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- Real Estate Law
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- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
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- Civil Rights
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- Communications Law
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- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
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- Juvenile Law
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- Landlord - Tenant
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- Lemon Law
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- Military Law
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- Nursing Home Abuse
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- Public Benefits
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- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
New Mexico Questions & Answers
Q: I am in the process of building a website for my handmade jewelry and I noticed that somebody has trademarked my name
Michael Gerity's answer
It depends entirely upon whether or not the goods and/or services offered by the other applicant are the same or similar to your jewelry. The more similar the goods and/or services, the more of a problem you would have. It also would normally depend on who actually used the mark in commerce first, but it sounds like you have not yet done that, and the other party has either already done that, or has filed an intent to use application. An intent to use application would give the other use...
It depends entirely upon whether or not the goods and/or services offered by the other applicant are the same or similar to your jewelry. The more similar the goods and/or services, the more of a problem you would have. It also would normally depend on who actually used the mark in commerce first, but it sounds like you have not yet done that, and the other party has either already done that, or has filed an intent to use application. An intent to use application would give the other use...
Q: When searching for a Trademark name and i find that some one has the same name just different font and logo,
Benton R Patterson III's answer
It depends on whether the name is claimed as a feature of the mark or if only the design is claimed. You also may be able to register your mark if the goods/services are different. A trademark attorney would have to review the registered mark and your proposed mark to provide a more definitive answer.
It depends on whether the name is claimed as a feature of the mark or if only the design is claimed. You also may be able to register your mark if the goods/services are different. A trademark attorney would have to review the registered mark and your proposed mark to provide a more definitive answer.
Q: If we have our customers sign a release about personal injury claims are we off the hook?
David Alan Wolf's answer
Many courts do not favor release waivers especially those that attempt to waive away all bad acts and negligence on behalf of the company. These waivers are often challenged. You should see the advice of a business attorney in your state to review the particular release you are using to determine if it shields the company from liability.
Many courts do not favor release waivers especially those that attempt to waive away all bad acts and negligence on behalf of the company. These waivers are often challenged. You should see the advice of a business attorney in your state to review the particular release you are using to determine if it shields the company from liability.
Q: Can I put an article in my will about people who owe me money, that they need to pay it to my estate. Within 30 days
Kenneth V Zichi's answer
You've asked this questions several times in slightly different ways. You need to see a local attorney! There is no way to suggest the 'best' way to address this in an email forum!
--This answer is offered for information only and does not create an attorney/client relationship. I am licensed in Michigan only.
You've asked this questions several times in slightly different ways. You need to see a local attorney! There is no way to suggest the 'best' way to address this in an email forum!
--This answer is offered for information only and does not create an attorney/client relationship. I am licensed in Michigan only.
Q: How can I enforce my daughter paying money she owes me and have it go to my residue estate
Kenneth V Zichi's answer
You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees things will happen as expected.
You should seek local guidance from a licensed estate planning attorney to insure things are done right! You can use the 'find a lawyer' tab here to search for...
You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees things will happen as expected.
You should seek local guidance from a licensed estate planning attorney to insure things are done right! You can use the 'find a lawyer' tab here to search for...
Q: Are there any case references for New Mexico in reguards to balanced billing?
David Humphreys' answer
yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.
It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare, medicade, private insurance, was it a PPO or HMO? What type of services were subject to balance billing? Radiology, anesthesiology , ER visit? I will respond if you do. Let me know at david@hwh-law.com...
yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.
It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare, medicade, private insurance, was it a PPO or HMO? What type of services were subject to balance billing? Radiology, anesthesiology , ER visit? I will respond if you do. Let me know at david@hwh-law.com...
Q: 2 AC units in home. Owner would only turn on unit on bottom floor. Is this legal?
David Humphreys' answer
Read your lease agreement. Write a letter to the landlord if you believe there is a breach of the lease. Notify the landlord that he is in breach if the lease agreement supports your view. Be careful before you decide to take action on your interpretation of the lease. You might want to consult a lawyer.
Read your lease agreement. Write a letter to the landlord if you believe there is a breach of the lease. Notify the landlord that he is in breach if the lease agreement supports your view. Be careful before you decide to take action on your interpretation of the lease. You might want to consult a lawyer.
Q: I have "permanent denial' for drivers license in NYS. Will I be able to get a drivers license in NM?
Q: my visitation was set 4 years ago when my child was an infant. how do i go about revising my visitation schedule?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Mexico
on
Answered on Aug 3, 2017
Answered on Aug 3, 2017
Gary William Boyle's answer
To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.
To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.
Q: Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent
Brian Scott Winkler's answer
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!
Q: Do I have a case?
Peter Munsing's answer
Get follow up care. You may or may not have had improper care. Would suggest you contact a member of the NMex Assn for Justice that handles medical cases--they give free consults. However, medical cases are extremely expensive so at this point most attorneys would say to wait and see what the fallout is.
Get follow up care. You may or may not have had improper care. Would suggest you contact a member of the NMex Assn for Justice that handles medical cases--they give free consults. However, medical cases are extremely expensive so at this point most attorneys would say to wait and see what the fallout is.
Q: I am on six months period after applying for my OPT extension recently I received approval for I-140 what should I do
Roger Carl Algase's answer
For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.
For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.
Q: Are you supposed to report medical malpractice to any sort of government agency?
Peter Munsing's answer
"supposed to?" it isn't the responsibility to report it for anyone. There may be underlying circumstances that need to be reported depending on a state's health/hospitals reporting requirements.
"supposed to?" it isn't the responsibility to report it for anyone. There may be underlying circumstances that need to be reported depending on a state's health/hospitals reporting requirements.
Q: Hi my bother was killed in nov of 2015 cops wouldnt give me anything just letter saying it was justified
Peter Munsing's answer
First there would have been an autopsy. That should say something about the shots in the body. Second you need to contact the Civil Liberties Union for whatever state it happened. Ask for their "cooperating attorneys" for "police misconduct" cases. They will give you free consultation. You will have to work with an attorney wherever it happened for now. No one from out of state would handle the case with the little bit of facts you have--unless you want to pay them by the hour.
First there would have been an autopsy. That should say something about the shots in the body. Second you need to contact the Civil Liberties Union for whatever state it happened. Ask for their "cooperating attorneys" for "police misconduct" cases. They will give you free consultation. You will have to work with an attorney wherever it happened for now. No one from out of state would handle the case with the little bit of facts you have--unless you want to pay them by the hour.
Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Mexico
on
Answered on May 21, 2017
Answered on May 21, 2017
Gary William Boyle's answer
The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.
If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...
The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.
If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...
Q: How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer
Gary William Boyle's answer
You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...
You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...
Q: If you acquire a company are you required to honor all of the current owner's existing vendor contracts?
Gary William Boyle's answer
If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.
If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.
Q: i am llooking for an attorney in Albuquerque that will take a case on wrongful death pro bono
Peter Munsing's answer
Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.
Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.
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