Tag Archives: Justice Edward Chavez

NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

by Emil J. Kiehne Posted on September 9, 2014

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading →

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New Mexico Supreme Court issues four published decisions in February 2014

by Emil J. Kiehne Posted on March 3, 2014

Below is my summary of the four published decisions the New Mexico Supreme Court issued in February 2014: 1.   Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee (Feb. 6, 2014). The Court affirmed the decision of the New … Continue reading →

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New Mexico Supreme Court rules in favor of same-sex marriage

by Emil J. Kiehne Posted on December 19, 2013

In what will surely be regarded as the most important decision issued this year, the New Mexico Supreme Court today issued its decision in Griego v. Oliver, holding that the state constitution requires that same-sex couples be allowed to marry. … Continue reading →

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New Mexico Supreme Court issues decision in high-profile Elane Photography case

by Emil J. Kiehne Posted on August 22, 2013

Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, … Continue reading →

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Calling judge a “drunken idiot on the bench,” among other things, earns attorney sanction from NM Supreme Court

by Emil J. Kiehne Posted on June 24, 2013

Today the New Mexico Supreme Court issued a published opinion (In re Ortiz) sanctioning an attorney for repeated instances of unprofessional behavior, sending a message that the Court will not be tolerant of this sort of conduct. Justice Chavez‘s opinion recounts multiple … Continue reading →

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New Mexico Supreme Court rules against Barnes & Noble in internet sales tax dispute

by Emil J. Kiehne Posted on June 3, 2013

Today the New Mexico Supreme Court held, in New Mexico Department of Taxation & Revenue v. Barnesandnoble.com, LLC, that the State may impose New Mexico gross receipts tax on Barnes & Noble’s online sales transactions. In an opinion by Justice … Continue reading →

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Former NM Supreme Court Justice Dan Sosa, Jr. to be honored on May 31

by Emil J. Kiehne Posted on May 30, 2013

Tomorrow night (May 31), from 6 to 10 p.m., the Honorable Dan Sosa, Jr. will be honored at the National Hispanic Cultural Center at its first annual Trailblazers en el Camino Award Ceremony (click on the link for more information, or … Continue reading →

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NM Supreme Court adopts rule from Hadley v. Baxendale in a case that proves Murphy’s Law is alive and well

by Emil J. Kiehne Posted on April 29, 2013

Don’t forget to pay your electric bill. That’s one lesson to be learned from Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc., a recent decision from the New Mexico Supreme Court written by Justice Edward Chavez, which settles … Continue reading →

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Coming Soon: the 23rd annual New Mexico Appellate Practice Institute

by Emil J. Kiehne Posted on August 20, 2012

The State Bar of New Mexico will be holding its 23rd Annual Appellate Practice Institute on Friday, September 14 at the State Bar Center in Albuquerque. As usual, the Appellate Practice Section has put together a great program.  Several judges … Continue reading →

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A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim

by Emil J. Kiehne Posted on August 14, 2012

The New Mexico Rules of Civil Procedure are usually identical to the Federal Rules of Civil Procedure.  But Rule 1-054 is decidedly not identical to its federal counterpart, Rule 54, and a failure to appreciate the difference can be fatal … Continue reading →

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