Category Archives: Uncategorized

NM Court of Appeals: Party defaulted as a discovery sanction may still contest amount of damages

On Wednesday, the New Mexico Court of Appeals issued Couch v. Williams, written by Judge Bustamante. The case contains at least two points of interest: 1. Post-judgment motions filed under NMSA 1978, Section 39-1-1 are not governed by the standards that … Continue reading

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Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal

In 2010 a scandal involving the New Mexico Secretary of State’s office broke into the news. Several consultants for the office — Armando Gutierrez, Joseph Kupfer, and Elizabeth Kupfer — were indicted in federal court for misusing voter education funds … Continue reading

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NM Court of Appeals reaffirms that medical marijuana is covered by workers’ compensation

Last year, in Vialpando v. Ben’s Automotive Services, the Court of Appeals upheld the validity of a workers’ compensation award directing an employer and insurer to reimburse a worker for the cost of medical marijuana used to relieve pain. (You … Continue reading

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NM Court of Appeals, NM AG candidates speak at forum

On Tuesday, July 1, the Albuquerque Bar Association held a forum for the two candidates for the New Mexico Court of Appeals, incumbent Judge Miles Hanisee, the Republican nominee, and his challenger, appellate lawyer Kerry Kiernan, the Democratic nominee. The forum … Continue reading

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Defendant can recover attorney’s fees even where insurer provides defense, says NM Court of Appeals

After buying a home in Elephant Butte, Star Varga discovered construction defects and sued the seller, the seller’s broker, and her own brokers. The trial court granted summary judgment to Ms. Varga’s own brokers. Those brokers then asked to be … Continue reading

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President Obama nominates Wyoming AG to Tenth Circuit

President Obama today nominated Wyoming Attorney General Gregory Alan Phillips to the Tenth Circuit.  The White House’s official announcement states: Gregory Alan Phillips has served as Wyoming’s Attorney General since March 2011.  As Attorney General, he is the chief law … Continue reading

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NM Court of Appeals explains how to calculate the average weekly wage when a worker has more than one job, and affirms attorney fee award

Earlier this month the NM Court of Appeals, in Vinyard v. Palo Alto, Inc., decided the proper method for calculating the weekly average in a workers’ compensation case when the injured employee has two jobs.  The proper method, according to … Continue reading

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