Civil Litigation

On April 7, 2021, Governor Michelle Lujan Grisham signed the New Mexico Civil Rights Act into law, effectively ending the doctrine of qualified immunity for all state and local public officials there. The law had bipartisan support and the backing of several organizations, including the Innocence Project. This makes New Mexico the first U.S. jurisdiction…

No, an employer cannot discriminate against older employees due to coronavirus concerns. This means that employers can’t fire, refuse to rehire, or force older employees into jobs with less pay or responsibility. Employers also can’t force older employees to work from home merely because the employee’s age makes him or her more susceptible to the…

In some situations, yes. An employer may have to allow an employee to telework instead of reporting back to the office if the employee can show that a disability requires teleworking as a reasonable accommodation. Whether teleworking is considered to be a reasonable accommodation depends on the nature of the disability and the specific job…

Business interruption insurance may cover lost business due to the coronavirus and related government shelter in place orders. A small business can file an insurance claim due to lost business because of COVID-19. The ability to get that claim paid will mostly depend on the specific language in the insurance policy. The novel coronavirus has…

The coronavirus pandemic and resulting government regulations will cause many businesses to breach their commercial contracts or, at a minimum, will make it much more difficult and expensive to fulfill their contractual obligations. As the coronavirus outbreaks continues to cause a massive disruption in the U.S. economy, with thousands of businesses shut down or unable…