James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading
The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading
Marcia J. Silvers, an attorney from Florida, has published a useful article entitled “How Not to Regret Your Appeal: Ten Tips for Soothing Your Appellate Lawyer” in the Winter 2015 issue of Litigation. I’m not a huge fan of the … Continue reading
The New Mexico Court of Appeals, in an opinion by Judge Jonathan Sutin, has decided Firstenberg v. Monribot, a case that has generated considerable attention in the news media and on some blogs. See here, here, and here. The plaintiff, Arthur Firstenberg, claims that … Continue reading
The New Mexico State Bar’s Appellate Practice Section and Young Lawyers division are hosting a brown-bag lunch with Judge Michael Bustamante of the New Mexico Court of Appeals. The lunch will begin at noon on Friday, March 13, 2015 at … Continue reading
In the Weekly Standard, Joseph Bottum has written a story called “Fracking the Constitution: Secessionism on the Left,” which criticizes the Mora County ordinance banning oil and gas drilling. (Hat tip to Overlawyered). Among other things, the ordinance purports to deprive corporations … Continue reading
Joe Palazzolo of the Wall Street Journal’s Law Blog has this interesting post about Judge Robert C. Brack, a federal district court judge in Las Cruces, and reports that he has sentenced 6,708 criminal defendants over the past five years, … Continue reading
In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading
Chief Justice Barbara Vigil has published this editorial in the UNM Daily Lobo, making the case for an increase in funding to the state judiciary. Among other things, she proposes creating two new judgeships in Las Cruces and Albuquerque, and … Continue reading
Yesterday, David Corn of Mother Jones Magazine published the following article: “As a Lawyer, Ted Cruz Defended Huge Jury Awards. As a Politician, He Opposed Them.” The article describes Ted Cruz’s involvement in two New Mexico appellate cases while in private … Continue reading
