Author Archives: Emil J. Kiehne

Save the date for the 2017 New Mexico Appellate Practice Institute

This year’s entire day of appellate goodness and CLE credits will take place on Friday, September 15 at the State Bar Center in Albuquerque. We are thrilled to have, as our keynote speaker, the Honorable James E. Graves, Jr. of … Continue reading

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NMSC: Tort Claims Act waives sovereign immunity for loss of consortium claims

Today the New Mexico Supreme Court issued its decision in Thompson v. City of Albuquerque, holding that the Tort Claims Act waives the state government’s sovereign immunity for loss of consortium claims. The case was brought by the minor children … Continue reading

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Judge Jim Wechsler to retire from NM Court of Appeals

After more than 22 years of service on the New Mexico Court of Appeals, Judge Jim Wechsler has announced that he will be retiring on July 31, 2017, according to this story by Phaedra Haywood in the Santa Fe New … Continue reading

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Nakamura sworn in as New Mexico’s Chief Justice

Yesterday, the New Mexico Supreme Court’s newest member, Judith Nakamura, was sworn in as Chief Justice. She succeeds Justice Charles Daniels in that post. The swearing-in ceremony took place yesterday at the New Mexico Judicial Conclave here in Albuquerque. You … Continue reading

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Have lunch with Judge Vargas of the NM Court of Appeals

Tomorrow, Friday, June 2, the Appellate Practice Section of the New Mexico State Bar will host a brown-bag lunch with Judge Julie Vargas of the New Mexico Court of Appeals. This is an opportunity to learn more about the Court … Continue reading

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10th Cir. Chief Judge Tymkovich speaks on judicial independence at University of Chicago.

Recently, Tenth Circuit Chief Judge Timothy Tymkovich spoke at the University of Chicago Law School on “Judicial Independence From Jay to Roberts.” Here is a report on his talk. Hat tip to How Appealing.

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Tenth Circuit Judge Paul Kelly to take senior status.

The U.S. Courts’ list of future judicial vacancies now indicates that Tenth Circuit Judge Paul Kelly will take senior status on a date yet to be announced. Judge Kelly was appointed to the Tenth Circuit in 1991 by President George … Continue reading

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Electronic filing is now available at the New Mexico Supreme Court!

Today I received the following welcome announcement from Joey Moya, Clerk of the New Mexico Supreme Court: As of today, electronic filing and service is​ ​available for use on a voluntary basis for all new and pending cases in the … Continue reading

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NMCA: Expert failed to establish prima facie case that pharmacy satisfied standard of care

Earlier this month, the New Mexico Court of Appeals issued a decision (Oakey v. May Maple Pharmacy, Inc.) that should be required reading for all lawyers involved in professional negligence cases. The lawsuit alleged that a pharmacy was negligent for … Continue reading

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Tenth Circuit upholds New Mexico’s challenge to DOI Indian gaming regulations

The Indian Gaming Regulatory Act requires states to negotiate in good faith with Indian tribes who seek to establish a gaming compact with the state, and sets forth procedures for the negotiation process, including mediation. Ultimately, if the parties are … Continue reading

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