Category Archives: News

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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10th Circuit denies rehearing in case involving student essay that criticized lesbianism

I am reliably informed that the Tenth Circuit has denied the petition for rehearing en banc filed by a student who sued the University of New Mexico for First Amendment violations as a result of actions allegedly taken against her … Continue reading

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NM Supreme Court to hear writ petition challenging Governor Martinez’s budget vetoes

According to this story by Steve Terrell in the Santa Fe New Mexican, the New Mexico Supreme Court has announced that it will consider the Legislature’s petition challenging Governor Susana Martinez’s line-item vetoes of the Legislature’s own budget and the … Continue reading

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Legislature petitions NM Supreme Court to overturn Governor’s budget vetoes

The Legislature has filed an extraordinary writ petition in the New Mexico Supreme Court against Governor Susana Martinez, seeking to overturn her veto of funding for the Legislature itself and higher education institutions. Andy Lyman of the New Mexico Political … Continue reading

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10th Circuit rejects Osage tribal members’ claim that trust accounting should have covered longer time period

In Fletcher v. United States, the Tenth Circuit (in an opinion by Judge Paul Kelly) rejected claims by members of the Osage Tribe of Oklahoma that the district court improperly limited the government’s obligation to perform an accounting of revenues … Continue reading

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U.S. District Court to host premiere of a documentary: “Taming New Mexico”

The U.S. District Court for the District of New Mexico will host the premiere of a documentary called “Taming New Mexico,” a 56-minute film (narrated by Sam Donaldson) that, according to one announcement, “tells the story of now New Mexico … Continue reading

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10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing … Continue reading

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