Author Archives: Emil J. Kiehne

Tenth Circuit says woman’s statements may constitute “true threats” against abortion doctor

by Emil J. Kiehne Posted on July 30, 2015

In United States v. Dillard, the Tenth Circuit has reversed the dismissal of a civil enforcement action under the Freedom of Access to Clinic Entrances Act, which prohibits (among other things) using threats of force to interfere with abortion clinics. Angel Dillard, … Continue reading →

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Judge Timothy Tymkovich to be new Chief Judge of the Tenth Circuit

by Emil J. Kiehne Posted on July 27, 2015

This morning Chief Judge Mary Beck Briscoe announced that she will step down as chief judge of the Tenth Circuit, effective September 30, 2015, according to this news release on the Tenth Circuit’s website. Judge Timothy Tymkovich will serve as … Continue reading →

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Watch this interview with Justice Samuel Alito

by Emil J. Kiehne Posted on July 23, 2015

Now that October Term 2014 is over, a lot of appellate law nerds may be feeling a bit SCOTUS-deprived. But never fear, respite is at hand. Bill Kristol has conducted an in-depth interview with Justice Samuel Alito, which you can … Continue reading →

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Santa Fe trial court upholds $165.5M verdict against FedEx

by Emil J. Kiehne Posted on July 23, 2015

In a case that is surely headed to the New Mexico Court of Appeals, District Judge Francis Mathew yesterday denied FedEx’s post-judgment motions seeking to overturn the astounding $165.5 million verdict that a Santa Fe jury returned in a wrongful … Continue reading →

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“The Art of Appellate Advocacy”

by Emil J. Kiehne Posted on July 22, 2015

Jay O’Keeffe, who publishes “De Novo: A Virginia Appellate Law Blog,” has this post on a videotaped forum with six justices of the Supreme Court of Virginia, in which they discuss appellate practice. Although some of the content naturally focuses on … Continue reading →

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10th Circuit rules against Little Sisters of the Poor on contraceptive mandate “accommodation”

by Emil J. Kiehne Posted on July 14, 2015

Today the 10th Circuit issued its long-awaited (and just plain long) opinion in Little Sisters of the Poor v. Burwell, in which several religious groups are challenging the so-called accommodation that the Department of Health and Human Services is providing to … Continue reading →

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Save the date for the 26th annual New Mexico Appellate Practice Institute

by Emil J. Kiehne Posted on July 14, 2015

The New Mexico State Bar has announced that the 26th annual New Mexico Appellate Practice Institute will be held on Friday, September 11, 2015 at the State Bar Center in Albuquerque. This year’s keynote speaker will be the Honorable Jimmie … Continue reading →

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10th Circuit affirms Windstream’s win in sex and age discrimination case

by Emil J. Kiehne Posted on July 10, 2015

The Tenth Circuit has affirmed a summary judgment that Windstream Communications obtained against the plaintiff, Susan Bennett, who alleged that the company had engaged in sex and age discrimination. See Bennett v. Windstream Communications, Inc.  One wonders why this case … Continue reading →

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Justice Harry Stowers, RIP

by Emil J. Kiehne Posted on July 9, 2015

Today brings with it the sad news that former New Mexico Supreme Court Justice Harry Stowers has passed away. Ryan Boetel has this story in today’s Albuquerque Journal. Justice Stowers served on the Court from 1982 to 1989. My condolences … Continue reading →

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NM Court of Appeals explains how to resolve land-use conflicts between state governmental bodies

by Emil J. Kiehne Posted on July 8, 2015

What should courts do when governmental entities have land use fights? The Legislature created the Eastern New Mexico Water Utility Authority to construct a water delivery system from the Ute Reservoir to nearby local governments. The Authority planned to construct a facility … Continue reading →

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