Author Archives: Emil J. Kiehne

Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal

by Emil J. Kiehne Posted on July 8, 2015

In 2010 a scandal involving the New Mexico Secretary of State’s office broke into the news. Several consultants for the office — Armando Gutierrez, Joseph Kupfer, and Elizabeth Kupfer — were indicted in federal court for misusing voter education funds … Continue reading →

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NM Court of Appeals reaffirms that medical marijuana is covered by workers’ compensation

by Emil J. Kiehne Posted on June 29, 2015

Last year, in Vialpando v. Ben’s Automotive Services, the Court of Appeals upheld the validity of a workers’ compensation award directing an employer and insurer to reimburse a worker for the cost of medical marijuana used to relieve pain. (You … Continue reading →

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Employers don’t have to pay workers for traveling to and from work, says NM Court of Appeals

by Emil J. Kiehne Posted on June 29, 2015

In Segura v. J.W. Drilling, Inc., the Court of Appeals has held that the state Minimum Wage Act does not require employers to pay workers overtime wages for the time they spend traveling to and from work. The plaintiffs relied … Continue reading →

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It’s too late to ask for arbitration after class certification, says 10th Circuit

by Emil J. Kiehne Posted on June 26, 2015

In Healy v. Cox Communications, Inc., an antitrust class action, the Tenth Circuit affirmed an order finding that Cox Communications waived any right it may have had to compel arbitration because it didn’t ask for arbitration until “after extensive discovery, class certification, potentially … Continue reading →

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NM Supreme Court: Retroactive treble damages don’t violate ex post facto clause

by Emil J. Kiehne Posted on June 26, 2015

Yesterday, in State ex rel. Foy v. Austin Capital Management, Ltd., the New Mexico Supreme Court (opinion by Justice Maes) held that retroactive application of the treble damages provision of the Fraud Against Taxpayers Act does not violate the federal or … Continue reading →

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10th Circuit revives Jemez Pueblo’s claim to Valles Caldera

by Emil J. Kiehne Posted on June 26, 2015

While many people today are focused on decisions issuing from some court in Washington, D.C., the Tenth Circuit issued an opinion reviving Jemez Pueblo’s efforts to regain ownership of Valles Caldera (i.e. the most beautiful place in New Mexico, in my … Continue reading →

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Exclusion of farm & ranch employees from workers’ comp is unconstitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 26, 2015

Section 52-1-6(A) of the New Mexico’s Workers’ Compensation Act excludes farm and ranch laborers from the benefits (and burdens) of workers’ compensation. This week, the Court of Appeals held that this exclusion violates the equal protection clause of the New Mexico … Continue reading →

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10th Circuit approves “a little judicial jiu-jitsu” in Rocky Flats nuclear class action

by Emil J. Kiehne Posted on June 24, 2015

Litigation over radioactive pollution at Colorado’s Rocky Flats nuclear power plant has been ongoing since the early 1990s, but the Tenth Circuit is trying to bring it to an end, as evidenced by yesterday’s decision in Cook v. Rockwell International … Continue reading →

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Roberta Cooper Ramo to receive ABA’s highest honor

by Emil J. Kiehne Posted on June 24, 2015

One of my law partners, Roberta Cooper Ramo, will receive the American Bar Association Medal, the highest honor that the organization bestows, according to this report by Charlie Moore in the Albuquerque Journal. In 1995, she was the first woman to be … Continue reading →

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Senator Udall to speak at Albuquerque Bar Association on June 30

by Emil J. Kiehne Posted on June 24, 2015

U.S. Senator Tom Udall will deliver a speech entitled “EDD of Bases and National Labs” to the Albuquerque Bar Association at a luncheon on June 30 at the Embassy Suites Hotel, 1000 Woodward Place, NE. (I’ve no idea what “EDD” means, … Continue reading →

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