Monthly Archives: June 2014

10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

by Emil J. Kiehne Posted on June 25, 2014

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading →

Posted in News, Tenth Circuit | Tagged , , , | Comments Off on 10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

Justice Ruth Bader Ginsburg to speak in Santa Fe on August 15

by Emil J. Kiehne Posted on June 25, 2014

U.S. Supreme Court Justice Ruth Bader Ginsburg will speak in Santa Fe on August 15, 2014 at a conference called “Risk and Reinvention: How Women Are Changing the World.” The conference is hosted by the Women’s International Study Center, and will … Continue reading →

Posted in Events, News | Tagged | Comments Off on Justice Ruth Bader Ginsburg to speak in Santa Fe on August 15

Candidates’ forum for NM Court of Appeals & NM Attorney General on July 1

by Emil J. Kiehne Posted on June 17, 2014

On Tuesday, July 1, the Albuquerque Bar Association will host a Candidates Forum for the New Mexico Court of Appeals, featuring incumbent Judge J. Miles Hanisee, the Republican nominee, and appellate lawyer Kerry C. Kiernan, the Democratic nominee. Their respective campaign websites are … Continue reading →

Posted in Events, New Mexico Court of Appeals, News | Tagged , , , , , | Comments Off on Candidates’ forum for NM Court of Appeals & NM Attorney General on July 1

NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

by Emil J. Kiehne Posted on June 16, 2014

The New Mexico Medicaid Fraud Act does not impose liability whenever a medical provider violates any federal, state, or local law that applies to it, but only when the provider violates a law that is an actual precondition for payment. So held the New … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , | Comments Off on NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

Temporary total disability benefits available “for life,” says NM Supreme Court

by Emil J. Kiehne Posted on June 13, 2014

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , | Comments Off on Temporary total disability benefits available “for life,” says NM Supreme Court

New Mexico Supreme Court overturns Governor’s veto of judicial pay raises

by Emil J. Kiehne Posted on June 12, 2014

Yesterday, the New Mexico Supreme Court heard oral argument, and issued an oral decision, striking down Governor Susana Martinez’s line-item veto of judicial pay raises. You can read about the arguments and decision in this article by Milan Simonich in … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on New Mexico Supreme Court overturns Governor’s veto of judicial pay raises

NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment