Monthly Archives: August 2019

NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search

by Emil J. Kiehne Posted on August 5, 2019

On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in … Continue reading →

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10th Circuit: Albuquerque city clerk and lawyers are immune from suit by failed mayoral candidate

by Emil J. Kiehne Posted on August 2, 2019

Stella Padilla wanted to run for mayor of Albuquerque in 2018, but the city clerk, Natalie Howard, rejected her nominating petition. Padilla filed a suit in state district court asking for declaratory judgment that her petition was proper. During the … Continue reading →

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NMCA: Wrongfully enjoined defendant cannot recover damages in the absence of an injunction bond

by Emil J. Kiehne Posted on August 2, 2019

Norman Gaume filed a lawsuit claiming that the New Mexico Interstate Stream Commission had violated the Open Meetings Act, and asked for an injunction against a committee created by the Commission from taking any further action on certain matters related … Continue reading →

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NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

by Emil J. Kiehne Posted on August 2, 2019

In Goodman v. OS Restaurant Services, LLC (opinion by Judge Hanisee), the Court of Appeals has held that sufficient evidence supported a jury’s verdict that an employer mistakenly “regarded” the plaintiff worker as disabled, and discriminated against him because of … Continue reading →

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