Lopez, et al. v. University of the Southwest, No. 2:23-cv-00327-DHU-JHR, 2024 WL 68531 (D.N.M. Jan. 5, 2024)

Successfully moved to remand on behalf of the family of a student killed in a bus crash returning from a college golf tournament. The district court held that the Federal Motor Carrier Safety Regulations do not create a private right of action for personal injury or wrongful death, and the plaintiffs’ complaint did not raise federal questions turning on the substantive construction of federal law. Therefore, removal was improper, and remand to New Mexico state court was required.

Rosalind Bienvenu, Partner