Monthly Archives: November 2015

NM Court of Appeals clarifies standards for reverse discrimination claims

by Emil J. Kiehne Posted on November 18, 2015

In Garcia v. Hatch Valley Public Schools, the plaintiff, a female school bus driver of German descent (with a Hispanic surname by marriage), alleges her firing was the result of racial and national origin discrimination. She sued the defendant school district … Continue reading →

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The lawsuit challenging Judge Nakamura’s appointment to the NM Supreme Court lacks merit

by Emil J. Kiehne Posted on November 16, 2015

According to this report by Phaedra Haywood in the Santa Fe New Mexican, disbarred lawyer Stuart Stein has filed a lawsuit challenging Judge Judith Nakamura’s appointment to the New Mexico Supreme Court on the ground that the Judicial Nominating Commission … Continue reading →

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Judge Judith Nakamura appointed to the New Mexico Supreme Court

by Emil J. Kiehne Posted on November 12, 2015

According to this report by Blair Miller of kob.com, Governor Susana Martinez has appointed Judge Judith Nakamura of the Second Judicial District Court to fill the vacant seat on the New Mexico Supreme Court. Here is Governor Martinez’s official announcement. … Continue reading →

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NM Supreme Court strikes down law that provides free textbooks to private school students

by Emil J. Kiehne Posted on November 12, 2015

Today the New Mexico Supreme Court issued its decision in Moses v. Skandera, holding that the Instructional Materials Law, under which the state loans secular textbooks to children attending private schools, violates Article XII, Section 3 of the New Mexico Constitution. … Continue reading →

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10th Circuit: Magistrate in one district can’t authorize search in another

by Emil J. Kiehne Posted on November 11, 2015

Federal agents suspected Zachary Krueger, who lived in Kansas, of distributing child pornography on the internet. They obtained a warrant from a magistrate judge in Kanasas for his home, but discovered that neither he nor his computer was at home. His roommate … Continue reading →

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NM Court of Appeals: Lender failed to establish standing to foreclose

by Emil J. Kiehne Posted on November 9, 2015

Since our Supreme Court’s decision in Bank of New York v. Romero in 2014, New Mexico’s appellate courts have applied increased scrutiny to foreclosure lawsuits. The latest example of this trend is last week’s decision by the Court of Appelas … Continue reading →

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U.S. Supreme Court will hear Little Sisters of the Poor case

by Emil J. Kiehne Posted on November 6, 2015

Today the Supreme Court of the United States agreed to hear the Little Sisters of the Poor’s challenge to the accommodation provision of the federal contraceptive mandate. The order list is here. In July, a panel of the Tenth Circuit rejected … Continue reading →

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10th Circuit: Master limited partnership has citizenship of all its unitholders for diversity purposes

by Emil J. Kiehne Posted on November 6, 2015

Earlier this week, the Tenth Circuit held that the citizenship of a master limited partnership for diversity jurisdiction purposes is that of all its unitholders, explaining that the Supreme Court’s decision in Carden v. Arkoma Associates, 494 U.S. 185 (1990) dictates … Continue reading →

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“Justice Bosson ends 21 years on the bench”

by Emil J. Kiehne Posted on November 4, 2015

I have been remiss in noting that Justice Bosson’s retirement took effect this past weekend. The Albuquerque Journal carried this story by Scott Sandlin marking the occasion and describing the highlights of Justice Bosson’s career. As a book nerd, I … Continue reading →

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Former Sheriff Thomas Rodella loses appeal in Tenth Circuit

by Emil J. Kiehne Posted on November 4, 2015

Today the Tenth Circuit issued its decision in United States v. Thomas Rodella, affirming the convictions of the former Rio Arriba County (N.M.) sheriff arising from a road rage incident in which he threatened a young motorist with a firearm. Sheriff … Continue reading →

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