Legal Opinion

Louis v. United States

District Court, D. New Mexico

Decided January 29, 1999No. Civ. 96-1161 BB/DJS, Civ. 97-298 M/JHGPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BLACK, District Judge.

THIS MATTER is before the Court on Defendant’s motion to dismiss 'or in the alternative to render summary judgment on the grounds that Plaintiff may not seek recovery beyond the New Mexico statutory limitations on medical malpractice recoveries. Having reviewed the briefs of counsel and being otherwise duly advised, the Court finds Defendant’s motion should be GRANTED. 1

Facts and Procedural History

In addressing the motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6), this Court is required to accept as true all…

2Cases cited26 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Richards v. United StatesSupreme Court of the United States · 1962
  3. Montana v. United StatesSupreme Court of the United States · 1981
  4. United States v. OrleansSupreme Court of the United States · 1976
  5. Strate v. A-1 ContractorsSupreme Court of the United States · 1997

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3Cited by15 opinions

  1. Williams v. United StatesCourt of Appeals for the Fourth Circuit · 2001
  2. Cheromiah v. United StatesDistrict Court, D. New Mexico · 1999
  3. United States v. JarvisonCourt of Appeals for the Tenth Circuit · 2005
  4. Federal Express Corp. v. United StatesDistrict Court, D. New Mexico · 2002
  5. Bryant Ex Rel. Bryant v. United StatesDistrict Court, D. Arizona · 2000

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