When will New Mexico release the Martinez Administration’s settlement letters?
The New Mexico State Auditor’s Office has also launched an investigation into the settlements. There are three other sealed settlement letters tied to the Martinez Administration that the state has yet to release. The state is expected to make those public on August 24, 2019.
How do you protect a confidential settlement agreement?
Federal Courts Require Good Cause To Protect Confidential Settlement Agreements From Disclosure In federal court, confidential settlement agreements are protected from disclosure by the issuance of a protective order upon a showing of good cause. Phillips ex rel. Estates of Byrd v.
Are confidential settlement agreements allowed in California?
That said, some federal district courts in California have recognized that California's strong public policy favoring settlements supports "heightened scrutiny" regarding the production of confidential settlement agreements.
Can I resist the production of confidential settlement agreements in discovery?
As a result, in most cases, it is reasonable to resist the production of confidential settlement agreements in discovery. However, it is important to note that in state court, the burden is on the party seeking disclosure to make a "compelling" showing; while in federal court, the burden is on the party seeking protection to demonstrate good cause.
What is a collection agent in New Mexico?
Collection agents in New Mexico are authorized to contact borrowers and attempt to collect debts and payments on behalf of creditors, as well as to solicit and advertize for creditors to entrust them with such collections, barring any illegal processes for doing so.
How long does a New Mexico collection agent license last?
The license and bond run concurrently for a period of approximately one year, and the bond is generally in the amount of $5,000.
What happens if a borrower gets behind on their payments?
In the event that any borrower gets behind in their payments for a considerable period of time and has no apparent ability and/or desire to pay those bills, a creditor may assign them to a debt collection agent or agency. However, there are some such agencies that use intimidation, harassment, or unethical practices to elicit those payments, and the federal government, as well as many states, have enacted laws to protect consumers from such actions. The two primary federal laws are the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. However, there are actions borrowers can take before their account falls into the hands of a debt collection agency, such as contacting an attorney to help negotiate or settle bills before their credit score is irreparably damaged.
Is debt harassment legal in New Mexico?
Any kind of harassment, including debt harassment, is outlawed under federal and state laws in New Mexico.
Can a debt settlement attorney help a client with a bad credit score?
However, debt sett lement attorneys know of methods to help, and those experienced in this field can stand with a client until their problems are resolved and they are back on the road to a positive financial status once more.
When does the new settlement agreement take effect?
The law will take effect on May 20, 2020, and will apply to agreements entered into between an employer and a current or former employee on or after that date. With the approach of the law’s effective date, employers may want to consider reviewing template settlement agreements currently in use and modifying terms as needed to ensure compliance.
Why did the state legislature limit NDAs?
The move by state legislatures to limit NDAs began in response to the #MeToo movement, which started as an outcry against sexual harassment and a ssault, as well as a call for greater transparency to prevent abuses of power. Consistent with the underlying impetus for the #MeToo movement, legislative prohibitions on NDAs have largely been limited to the use of NDAs in the settlement of claims of sexual harassment and assault. Notably, the New Mexico law goes beyond that.
What is the legal basis for processing personal information?
Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6 (1) (f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6 (1) (c)) or for reasons of public interest (GDPR Article 6 (1) (e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
Does a NDA cover sexual harassment?
New Mexico’s law not only prohibits employers from requiring employees to sign NDAs covering the facts giving rise to claims of sexual harassment or assault, it also prohibits employers from requiring such NDAs when settling discrimination or retaliation claims. And the breadth of the law’s prohibition extends beyond claims arising from incidents occurring solely in the workplace to claims premised on “work-related event [s] coordinated by or through the employer.” The New Mexico law provides that an NDA may cover the facts giving rise to an employee’s claims or facts that could lead to the identification of a settling employee only if the employee makes such a request. Absent such a request, or a requirement that disclosure “be made in a judicial, administrative or other governmental proceeding pursuant to a valid subpoena or other applicable order,” the prohibition stands.
What Happens if the Complaint is Frivolous or Unsubstantiated?
If an investigation into a complaint reveals that the complaint is frivolous in nature or unsubstantiated in its allegations, then the Commission will dismiss the complaint. The Commission will not make public any complaint dismissed for being frivolous or unsubstantiated.
How and When Will a Respondent Be Notified of a Complaint Filed Against Them?
Within seven days of the Commission receiving a properly-filed complaint (a complaint that is signed and includes contact information for all parties), the Executive Director will notify the Respondent of the complaint and direct them to view the complaint in the Commission’s Proceedings Portal. Unless a respondent has already created an account on the Commission’s Proceedings Portal, they will receive an email inviting them to create an account.
How Do I Submit the Complaint Form Online?
After completing and signing a complaint form, it can be submitted to the Commission through its online Proceedings Portal. Click here to learn how to create an account and submit complaints using the online Proceedings Portal.
What Happens After I Submit a Complaint?
Within seven days of receiving the Complaint, the Executive Director will notify the Respondent that a complaint has been filed against them. The Executive Director will determine whether the Commission has jurisdiction over the Complaint, the complaint will be referred to the General Counsel for investigation.
Where Can I Find A Complaint Form?
Hard copies of the complaint form may be requested or obtained from the State Ethics Commission Office at 800 Bradbury Dr. SE, Suite 215 , Albuquerque, NM.
What Happens If a Respondent Does Not Respond to a Complaint?
The Commission staff evaluates every complaint for jurisdiction and probable cause, regardless of whether the Respondent files a response. When investigating a complaint for probable cause, the General Counsel may request documents from the Respondent and may also send the Respondent a notice of a deposition. If a Respondent ignores the complaint and the General Counsel’s investigation, the State Ethics Commission Act allows the Commission to petition a specially-assigned district court judge for a subpoena to compel the Respondent’s participation.
What Happens if the Commission Does Have Jurisdiction?
If the Commission has jurisdiction over a complaint, the General Counsel will conduct an investigation to determine whether the complaint is supported by probable cause.
What does Hemphill suggest the release of this negative information could “destroy” the Governor’s “re?
Hemphill suggests the release of this negative information could “destroy” the Governor’s “reputation or legacy.”
How much did the Martinez administration pay for the secret deals?
KRQE News 13’s investigation finds, late last year, the Martinez administration negotiated secret deals that cost taxpayers a total of $1,700,000. Sources say the Risk Management Division paid a group of disgruntled public employees huge sums of money in order to keep alleged compromising information about then Governor Susana Martinez under wraps.
Did Chuck Franco find his phone conversation secretly recorded?
Chuck Franco told us he was stunned to find his phone conversation was secretly recorded.
Did Kassetas say he would not partake in mediation?
Kassetas concluded his late December email, “I will not partake in the settlement mediation as I cannot be part of any extortion effort. I beg of you to cancel the settlement mediation scheduled for the 27th and let this case carry over to the next administration, Please do not settle this case,” Kassetas wrote.
How are confidential settlement agreements protected?
In federal court, confidential settlement agreements are protected from disclosure by the issuance of a protective order upon a showing of good cause. Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F. 3d 1206, 1212 (9th Cir. 2002) (" Phillips "). Good cause is not defined-rather, it is left to the broad discretion of the trial court. Id. at 1211. In contrast to the Hinshaw standard, however, the burden is on the party seeking protection to demonstrate that a "specific prejudice or harm will result if no protective order is granted." Id. at 1210-11.
Is the settlement agreement confidential?
The good news: The case has settled and the settlement agreement is confidential.
Does California have a privacy settlement agreement?
No California cases have specifically addressed the privacy interests of a party in the context of a confidential settlement agreement. However, Hinshaw indicates that even if no third-party interests are at stake, a court must still balance "the need for the information against the magnitude of the invasion of privacy.".
Is California a nondisclosure state?
Given the strong public policy favoring confidential settlements, California courts will generally rule in favor of nondisclosure. As a result, in most cases, it is reasonable to resist the production of confidential settlement agreements in discovery.
Is confidential settlement agreement protected under California law?
Thus, regardless if the interests of a party or third party are implicated, it appears that confidential settlement agreements are afforded privacy protection under California law.
What court is New Mexico in?
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
What court should grant a petition for a writ of mandamus?
The Supreme Court should grant this petition, reverse the Court of Appeals’ decision, vacate the district court’s issuance of writ of mandamus, and remand the matter to the district court for further proceedings.
Why should a petition for writ of certiorari be granted?
This petition for writ of certiorari should be granted because the Court of Appeals’ gross expansion of the writ of mandamus beyond its limited scope –– and thereby requiring state contractors to produce all of their confidential settlement agreements in response to an IPRA request as a matter of law –– involves a matter of substantial public interest that should be decided by this Supreme Court.
How many words are in NMRA?
complies with Rule 12-502(D)(3) NMRA in that it contains 2,482 words in a proportionately-spaced type. Dated: October 15, 2019.
What is a Mandamus?
Mandamus is an extraordinary remedy intended “to compel the performance of a statutory duty
Did the District Court of Appeals have information regarding a variety of questions that are material under IPRA?
As a result, the district court –– and therefore the Court of Appeals –– had no information regarding a variety of questions that are material under IPRA:
Was the identity of the inmates protected by the settlement agreement itself?
identities of the inmates and other terms was not protected by the settlement agreement itself.
What is the Federal Rule of Evidence 408?
In federal court litigation, the applicable rule is Federal Rule of Evidence 408. Although similar to CPLR 4547, there are differences. The basic exclusionary approach is reflected in Rule 408 (a), entitled “Prohibited Uses,” which sets forth what is not admissible “when offered to prove” specified things. However, subdivision (b) entitled, “Permitted Uses,” says that the rule “does not require exclusion if the evidence is offered for purposes not prohibited by subdivision (a).” Examples similar to those in CPLR 4547 are given. Federal case law has fleshed out what is meant by “offered for another purpose.” A sampler of such case law may be viewed in the book, “O’Connor’s Federal Rules—Civil Trials,” for example. 5
Why is counsel an unsworn witness?
Three reasons are given: (1) no predicate or basis in the record could have been made since evidence of settlements or offers to settle is inadmissible. Thus, counsel becomes an unsworn witness; (2) circumstances surrounding settlement decisions are often “totally unrelated” to the factors a jury must consider in assessing value or determining liability. For example, a defendant may settle to avoid punitive damages or to settle a group of cases. Or a plaintiff may take less from a particular defendant because of underlying insurance coverage issues or a fear of defendant’s potential insolvency. “In none of these situations does the settlement amount reflect the time value of the case”; (3) factors that went into a jury determination in one case are unknown and immaterial to the jury in another case. 4 In both sections of the treatise some representative cases are squibbed.
Why did the US sue Lyondell?
The U.S. sued Lyondell to compel a cleanup of Turtle Bayou and to recover costs under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), the popular name of the federal act governing cleanups at hazardous waste sites. Lyondell entered into a consent decree to remediate certain areas. Further CERCLA actions followed against others who also settled with the United States. Lyondell (and others) sued still other parties they believed should share cleanup responsibility. These were called CERCLA actions for “apportionment” and “contribution.”
What is the evidentiary rule?
The evidentiary rule offers limited protection and practitioners should recognize the exceptions that could prove to be pitfalls. Armed with such knowledge, lawyers can better assess what statements, communications and materials should be conveyed during negotiations and what conduct during compromise negotiations may generate concerns or risks regarding proceedings that may involve separate parties or that may be used in separate cases.
What does the Fifth Circuit say about the claim?
The Fifth Circuit said that the dispute focuses on what the word “claim” means in Rule 408. “Courts vary widely in their understanding of the term.” Most agree that the “claim” does not mean “legal claim” and that, as a result, the dispute being settled need not be the one being tried in the case where the settlement evidence is being offered in order for Rule 408 to bar its admission. 13 The treatise, “Weinstein’s Evidence,” would nonetheless require that these different disputes arise out of the “same transaction” in order to trigger Rule 408. 14
Is a settlement offer admissible?
Therefore, “offers to settle or compromise are not generally admissible.” 2 At §19:150, dealing with summations, Justice Freedman offers other observations including that references to settlements are also prohibited when made either in other cases or with other parties in the same case. 3.
Is evidence that is otherwise discoverable not required to be excluded?
But evidence which is “otherwise discoverable” is not required to be excluded “solely because” it was presented during the course of compromise negotiations. Furthermore, admissibility of such evidence is not limited “when it is offered for another purpose” such as proving bias or prejudice of a witness, among others.