Author Archives: Emil J. Kiehne

Self-dealing trustees must both disgorge profits and pay restoration damages, says NM Supreme Court

by Emil J. Kiehne Posted on June 19, 2015

In Miller v. Bank of America, N.A. (June 15, 2015), the New Mexico Supreme Court has held that trustees who engage in self-dealing transactions are required both to pay restoration damages (for any losses sustained) and to disgorge any profits … Continue reading →

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NM Supreme Court sides with labor unions in prevailing wage dispute

by Emil J. Kiehne Posted on June 18, 2015

On Monday, in New Mexico Building & Construction Trades Council v. Dean, the New Mexico Supreme Court granted a writ of mandamus against the Labor Relations Division of the state’s Department of Workforce Solutions, requiring it to set prevailing wage rates … Continue reading →

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“Tenth Circuit to Tackle Second Amendment Appeal”

by Emil J. Kiehne Posted on June 17, 2015

Peter Krumholz of the Rocky Mountain Appellate Blog has this post about an interesting Second Amendment case recently briefed in the Tenth Circuit. The appellants are challenging a Colorado statute that (a) bans magazines with more than 15 rounds and … Continue reading →

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New Mexico’s heightened search-and-seizure protections don’t apply at Mexican border

by Emil J. Kiehne Posted on June 16, 2015

The New Mexico Constitution provides greater protection to citizens than the Fourth Amendment when it comes to searches and seizures. For example, in State v. Cardenas-Alvarez, the New Mexico Supreme Court held that at interior border control checkpoints (such as those … Continue reading →

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Justice Richard Bosson to retire in November

by Emil J. Kiehne Posted on June 8, 2015

Justice Richard Bosson has announced that he will be retiring this November. He made this announcement towards the end of last week at both the Judicial Conclave and the brown-bag lunch sponsored by the Appellate Practice Section of the State … Continue reading →

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10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court

by Emil J. Kiehne Posted on May 28, 2015

Todd Cahill was sued by his former employer. Mr. Cahill removed the case to federal district court, argued that the lawsuit was subject to an arbitration agreement, and asked the lawsuit be stayed so that the dispute could be arbitrated. For … Continue reading →

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Uber & taxi companies challenge new regulations in NM Supreme Court

by Emil J. Kiehne Posted on May 28, 2015

Anyone who’s used Uber knows why it is so highly popular — it’s usually cheaper than using a taxi, you can summon a ride easily by using the Uber app, you’re given an estimate of the cost (no more “broken meters”), and … Continue reading →

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Conan Doyle Estate files suit in New Mexico over upcoming film “Mr. Holmes”

by Emil J. Kiehne Posted on May 27, 2015

According to this report by Eriq Gardner in the Hollywood Reporter, the Conan Doyle Estate has filed a lawsuit in New Mexico’s federal district court against Miramax, author Mitch Cullin, and others for alleged copyright violations in the upcoming film … Continue reading →

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Law nerd alert: An examination of New Mexico’s unique case-citation rule

by Emil J. Kiehne Posted on May 22, 2015

Peter W. Martin, the Jane M. G. Foster Professor of Law (Emeritus) at Cornell Law School, has a blog which is a law nerd’s delight. The blog is called Citing Legally: Occasional observations concerning the citation of legal authorities by … Continue reading →

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NM Supreme Court: County must provide a defense for anyone it commissions to act as a deputy sheriff

by Emil J. Kiehne Posted on May 21, 2015

In New Mexico, one can easily pass back and forth between Indian tribal lands and non-tribal lands, often without knowing it. Under federal law, Indian tribal police officers have extremely limited authority to enforce state and tribal criminal laws against non-Indians. Thus, many New Mexico … Continue reading →

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