Author Archives: Emil J. Kiehne

U.S. Chamber of Commerce files amicus brief in 10th Circuit arguing against excessive punitive damages

According to this post from the Mayer Brown law firm’s terrific Punitive Damages Blog, the U.S. Chamber of Commerce has filed an amicus curiae brief in Lompe v. Sunridge Partners, LLC, arguing that a federal district court in Wyoming incorrectly … Continue reading

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I’ve joined the board of the New Mexico Foundation for Open Government

I’m pleased to announce that I’ve been elected to the board of the New Mexico Foundation for Open Government. The Foundation is a non-profit organization dedicated to helping the public understand and exercise its rights under the First Amendment and … Continue reading

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10th Circuit: Appellant must actually explain how the trial court erred to win on appeal

“The first task of an appellant is to explain to us why the district court’s decision was wrong.” So begin’s today’s opinion in Nixon v. City and County of Denver, in which the Tenth Circuit again had the unfortunate task … Continue reading

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Former NM public officials can be sued for whistleblower violations

In 2010, New Mexico Secretary of State Mary Herrera fired two employees of her office, James Flores and Manny Vildasol, after they reported to the FBI what they considered to be criminal activity by Herrera. At the time, she was … Continue reading

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Learn about Magna Carta at Albuquerque’s Law Day Luncheon on May 1

The Albuquerque Bar Association will be hosting its annual Law Day Luncheon at the Hyatt Regency Downtown on Friday, May 1, at noon. Since 2015 marks the 800th anniversary of Magna Carta, special guest Prof. Renee Lettow Lerner of George Washington … Continue reading

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Erwin Chemerinsky to speak in Santa Fe on April 30

Dean Erwin Chemerinsky will be giving a talk called “An Amazing Time in the Supreme Court” on Thursday, April 30 at noon at the La Fonda Hotel in Santa Fe. The event is hosted by the New Mexico Chapter of … Continue reading

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Copper Rule affirmed by New Mexico Court of Appeals

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading

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10th Circuit explains how not to handle an appeal

Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case. The order describes the remarkable conduct of appellant’s counsel, who apparently did not cite the record or any … Continue reading

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Jess Bravin to speak at UNM Law School on April 2

Jess Bravin, the Wall Street Journal’s Supreme Court correspondent, will deliver the John Field Simms, Sr. Memorial Lecture at UNM Law School in Albuquerque on Thursday, April 2, beginning at 4:30 p.m. (The lecture is named for a founding member … Continue reading

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NM Supreme Court denies emergency petition to fill state Senate vacancy

Due to the recent resignation of state Senator Phil Griego, there has been a push to replace him before the current legislative session comes to an end. Senator Griego represented District 39, a large district that includes parts of six … Continue reading

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