Legal Question in Personal Injury in New Mexico

Re: Right to Privacy

Yes, although this will depend on the specifics. (Incidentally, your message header refers to New Mexico and California; I'm only licensed here in California, and the result may be different in New Mexico.)

If the documents were ordered sealed by the court and if the sealing order is still in effect, then distribution of those documents is probably a violation of that order, punishable by court sanctions or contempt. (I say probably because some limited sitribution -- to her own lawyers, for example -- would not offend the order.) You would probably have a decent case for invasion of privacy, assuming of course that the documents contain sensitive private information.

Whether distribution of privileged documents can be the basis of a lawsuit will depend upon the nature of the privilege and how they were distributed. You'll have a better case if these were physician-patient communications, but your situation will be less clear if they are husband-wife communications, and it is possible that your own actions may have already waived whatever privilege you hope to assert. Without more specifics, I can't be more helpful.

You might want to start by seeking an injunctive order barring further distribution of these materials.