Author Archives: Emil J. Kiehne

Judge Cynthia Fry to retire at the end of 2015

The September 9 issue of the New Mexico Bar Bulletin contains an announcement (at page 4) that Judge Cynthia A. Fry of the New Mexico Court of Appeals will be retiring effective December 31, 2015. Judge Fry has had a … Continue reading

Posted in New Mexico Court of Appeals, News | Tagged | Comments Off on Judge Cynthia Fry to retire at the end of 2015

NM Court of Appeals holds nursing home corporate veil should be pierced

In Morrissey v. Krystopowicz, the Court of Appeals has held that where a plaintiff seeks to pierce the corporate veil, the causation-of-injury element can be satisfied by proof that an abuse of the corporate form has caused the plaintiff to … Continue reading

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on NM Court of Appeals holds nursing home corporate veil should be pierced

NM Supreme Court to review assisted suicide case

The New Mexico Supreme Court has granted certiorari in Morris v. Brandenburg, the case in which the plaintiffs are claiming that a right to assistance in committing suicide exists under the New Mexico Constitution. Last month, the Court of Appeals held, in a … Continue reading

Posted in New Mexico Supreme Court, News | Tagged , , | 1 Comment

Have lunch with Justice Chávez on September 25

The Appellate Practice Section and Young Lawyers Division of the State Bar will be hosting a brown bag lunch with Justice Edward Chávez of the New Mexico Supreme Court at noon on Friday, September 25, 2015, at the State Bar … Continue reading

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on Have lunch with Justice Chávez on September 25

NM Supreme Court rejects former judge’s argument that she wasn’t up for retention in 2014

After the voters declined to retain her in the 2014 general election, Judge Sheri Raphaelson of the First Judicial District Court took the position that she should not have been subjected to a retention election in the first place. Judge … Continue reading

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , , , | Comments Off on NM Supreme Court rejects former judge’s argument that she wasn’t up for retention in 2014

10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing

Last month, as I reported here, the Tenth Circuit affirmed the tax evasion convictions of Elizabeth Kupfer, who was a participant in the scandal involving the New Mexico Secretary of State’s office, which broke in 2010. Yesterday, it was her husband’s … Continue reading

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , | Comments Off on 10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing

NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

Today the New Mexico Supreme Court issued its ruling in Kane v. City of Albuquerque, upholding provisions of the City Charter and the City Personnel Rules which prohibit city employees from seeking or holding elective office. Emily Kane, a captain … Continue reading

Posted in New Mexico Supreme Court, News, Opinions and Analysis | Tagged , , , , | Comments Off on NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

Register now for the 2015 New Mexico Appellate Practice Institute

The 26th Annual New Mexico Appellate Practice Institute will be held on Friday, September 11, 2015 at the State Bar Center in Albuquerque. The full agenda has now been released, and highlights include: 1.  A keynote address by Judge Jimmie … Continue reading

Posted in Appellate Practice, News | Tagged , , , , , | Comments Off on Register now for the 2015 New Mexico Appellate Practice Institute

New Mexico Court of Appeals rejects right to assisted suicide

Today, the New Mexico Court of Appeals issued its long-awaited decision in Morris v. Brandenburg, and has held that the New Mexico Constitution creates no right to assisted suicide. This ruling is great news. The New Mexico Constitution says nothing … Continue reading

Posted in New Mexico Court of Appeals, News, Opinions and Analysis | Tagged , , , , | Comments Off on New Mexico Court of Appeals rejects right to assisted suicide

Tenth Circuit holds worker can’t convert early retirement pension to a disability pension

For those of you who like ERISA, yesterday the Tenth Circuit decided Martinez v. Plumbers & Pipefitters National Pension Plan, affirming a decision that an employee was not entitled to convert an early retirement pension to a disability pension. Judge … Continue reading

Posted in Opinions and Analysis, Tenth Circuit | Tagged , | Comments Off on Tenth Circuit holds worker can’t convert early retirement pension to a disability pension