Author Archives: Emil J. Kiehne

Senator Udall to speak at Albuquerque Bar Association on June 30

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 →

Posted in Events | Comments Off on Senator Udall to speak at Albuquerque Bar Association on June 30

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

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 →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , , | Comments Off on Self-dealing trustees must both disgorge profits and pay restoration damages, says NM Supreme Court

NM Supreme Court sides with labor unions in prevailing wage dispute

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 →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , | Comments Off on NM Supreme Court sides with labor unions in prevailing wage dispute

“Tenth Circuit to Tackle Second Amendment Appeal”

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 →

Posted in News, Tenth Circuit | Tagged , | Comments Off on “Tenth Circuit to Tackle Second Amendment Appeal”

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

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 →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , , | Comments Off on New Mexico’s heightened search-and-seizure protections don’t apply at Mexican border

Justice Richard Bosson to retire in November

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 →

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on Justice Richard Bosson to retire in November

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

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 →

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , | Comments Off on 10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court

Uber & taxi companies challenge new regulations in NM Supreme Court

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 →

Posted in New Mexico Supreme Court, News | Tagged , | 11 Comments

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

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 →

Posted in News | Tagged , , , | Comments Off on Conan Doyle Estate files suit in New Mexico over upcoming film “Mr. Holmes”

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

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 →

Posted in Appellate Practice, Everything Else | Tagged , | 1 Comment