Author Archives: Emil J. Kiehne

“It is enough to present a defense; harping on it is not required.”

by Emil J. Kiehne Posted on September 10, 2014

I thought you might enjoy this quote from Judge Frank Easterbrook’s opinion in Jentz v. ConAgra Foods, Inc. (7th Cir., Sept. 9, 2014), at page 6. Judge Easterbrook was responding to an appellee who argued that the defendant did not “feature” a particular defense … Continue reading →

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NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico

by Emil J. Kiehne Posted on September 10, 2014

Christopher Allen was convicted of stealing the identity of a New Mexico resident, and using it to obtain an Arizona driver’s license, to rent cars in Arizona, Nevada, and Georgia, and provided the stolen identity as his own when he … Continue reading →

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NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

by Emil J. Kiehne Posted on September 9, 2014

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading →

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Should the word limit for federal appellate briefs be decreased?

by Emil J. Kiehne Posted on September 8, 2014

Opening and answer briefs in federal court are presently limited to 14,000 words, but a proposed amendment to the Federal Rules of Appellate Procedure would decrease that limit to 12,500 words. The limit on reply briefs would fall from 7,000 … Continue reading →

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10th Circuit: If you think someone’s stealing your beer, take your claim to the bar before it’s barred

by Emil J. Kiehne Posted on August 26, 2014

Eric Alden knew something funny was going on at the Wyoming liquor store that he managed and operated. In 2005, the store’s accountant notified him that beer purchases had exceeded beer sales for some time. Mr. Alden also learned about significant discrepancies … Continue reading →

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Non-parties who seek to enforce contract are bound by arbitration agreement, says NM Court of Appeals

by Emil J. Kiehne Posted on August 26, 2014

Normally, arbitration is a matter of contract. If you didn’t sign an arbitration agreement, you’re not bound by it. But there are exceptions, and the New Mexico Court of Appeals recognized one of them in Damon v. StrucSure Home Warranty, … Continue reading →

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Tenth Circuit proposes changes to its local rules; comment period open through October 20

by Emil J. Kiehne Posted on August 25, 2014

The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk’s Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most … Continue reading →

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Have lunch with Judge Monica Zamora

by Emil J. Kiehne Posted on August 25, 2014

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Court of Appeals Judge Monica Zamora on Friday, September 5, 2014, beginning at noon at the State Bar Center in Albuquerque. If you would like … Continue reading →

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Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there

by Emil J. Kiehne Posted on August 6, 2014

Peggy Lujan-Silva was driving on Interstate 25 near Santa Fe, when her car struck tire debris on the highway. Her car rolled over several times, and she was killed. No one knows how long the debris was on the highway. … Continue reading →

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A trip to Justice Serna’s home town

by Emil J. Kiehne Posted on August 5, 2014

Those who know former New Mexico Supreme Court Justice Patricio “Pat” Serna may, on rare occasions, hear him mention that he hails from the small, western New Mexico town of Reserve, which has a population of between 300 and 400. Reserve … Continue reading →

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