Tag Archives: Judge Michael Bustamante

Judges Bustamante & Kennedy to retire from NM Court of Appeals

According to the Judicial Nominating Commission, Judge Michael Bustamante will retire from the New Mexico Court of Appeals on October 31, 2016, and Judge Roderick Kennedy will retire from the Court on November 30, 2016. Andrew Oxford has this comprehensive … Continue reading

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NM Court of Appeals: Police not immune from loss of consortium claims

In Thompson v. City of Albuquerque, the Court of Appeals has held that the Tort Claims Act does not shield law enforcement officers from loss of consortium claims. The unanimous opinion in this case was written by Judge Michael Bustamante.

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New Mexico Court of Appeals celebrates 50th anniversary

On Friday, April 1, the New Mexico Court of Appeals celebrated 50 years of existence. Some of the Court’s history is recounted in this op-ed by Judge Zamora and Judge Bustamante, which ran in the Santa Fe New Mexican. A … Continue reading

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NM Court of Appeals: Statutes mean what they say

Two recent decisions by our Court of Appeals, both written by Judge Bustamante, and both issued on February 9, have rejected attempts by parties to expand statutes beyond their plain meaning. In Wells Fargo Bank N.A. v. Pyle, a foreclosure … Continue reading

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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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NM Court of Appeals holds nursing home corporate veil should be pierced

In Morrissey v. Krystopowicz, the Court of Appeals has held that where a plaintiff seeks to pierce the corporate veil, the causation-of-injury element can be satisfied by proof that an abuse of the corporate form has caused the plaintiff to … Continue reading

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Register now for the 2015 New Mexico Appellate Practice Institute

The 26th Annual New Mexico Appellate Practice Institute will be held on Friday, September 11, 2015 at the State Bar Center in Albuquerque. The full agenda has now been released, and highlights include: 1.  A keynote address by Judge Jimmie … Continue reading

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Employers don’t have to pay workers for traveling to and from work, says NM Court of Appeals

In Segura v. J.W. Drilling, Inc., the Court of Appeals has held that the state Minimum Wage Act does not require employers to pay workers overtime wages for the time they spend traveling to and from work. The plaintiffs relied … Continue reading

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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading

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Have lunch with Judge Michael Bustamante

The New Mexico State Bar’s Appellate Practice Section and Young Lawyers division are hosting a brown-bag lunch with Judge Michael Bustamante of the New Mexico Court of Appeals. The lunch will begin at noon on Friday, March 13, 2015 at … Continue reading

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