Monthly Archives: March 2015

10th Circuit explains how not to handle an appeal

Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case. The order describes the remarkable conduct of appellant’s counsel, who apparently did not cite the record or any … Continue reading

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Jess Bravin to speak at UNM Law School on April 2

Jess Bravin, the Wall Street Journal’s Supreme Court correspondent, will deliver the John Field Simms, Sr. Memorial Lecture at UNM Law School in Albuquerque on Thursday, April 2, beginning at 4:30 p.m. (The lecture is named for a founding member … Continue reading

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NM Supreme Court denies emergency petition to fill state Senate vacancy

Due to the recent resignation of state Senator Phil Griego, there has been a push to replace him before the current legislative session comes to an end. Senator Griego represented District 39, a large district that includes parts of six … Continue reading

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading

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Ten tips for preserving your record on appeal

Marcia J. Silvers, an attorney from Florida, has published a useful article entitled “How Not to Regret Your Appeal: Ten Tips for Soothing Your Appellate Lawyer” in the Winter 2015 issue of Litigation. I’m not a huge fan of the … Continue reading

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NM court rejects man’s claim that neighbor’s use of wi-fi and cell phone harmed him

The New Mexico Court of Appeals, in an opinion by Judge Jonathan Sutin, has decided Firstenberg v. Monribot, a case that has generated considerable attention in the news media and on some blogs. See here, here, and here. The plaintiff, Arthur Firstenberg, claims that … 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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