Author Archives: Emil J. Kiehne

Candidates’ forum for NM Court of Appeals & NM Attorney General on July 1

by Emil J. Kiehne Posted on June 17, 2014

On Tuesday, July 1, the Albuquerque Bar Association will host a Candidates Forum for the New Mexico Court of Appeals, featuring incumbent Judge J. Miles Hanisee, the Republican nominee, and appellate lawyer Kerry C. Kiernan, the Democratic nominee. Their respective campaign websites are … Continue reading →

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NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

by Emil J. Kiehne Posted on June 16, 2014

The New Mexico Medicaid Fraud Act does not impose liability whenever a medical provider violates any federal, state, or local law that applies to it, but only when the provider violates a law that is an actual precondition for payment. So held the New … Continue reading →

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Temporary total disability benefits available “for life,” says NM Supreme Court

by Emil J. Kiehne Posted on June 13, 2014

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading →

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New Mexico Supreme Court overturns Governor’s veto of judicial pay raises

by Emil J. Kiehne Posted on June 12, 2014

Yesterday, the New Mexico Supreme Court heard oral argument, and issued an oral decision, striking down Governor Susana Martinez’s line-item veto of judicial pay raises. You can read about the arguments and decision in this article by Milan Simonich in … Continue reading →

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NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … Continue reading →

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NM Court of Appeals holds that workers’ compensation covers medical marijuana

by Emil J. Kiehne Posted on May 20, 2014

In an interesting decision, Vialpando v. Ben’s Automotive Services, the Court of Appeals has affirmed an order by a Workers’ Compensation Judge directing an employer and insurer to reimburse an injured worker for medical marijuana prescribed to relieve pain resulting … Continue reading →

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Is “independent intervening cause” alive in New Mexico?

by Emil J. Kiehne Posted on May 12, 2014

In Silva v. Lovelace Health System, Inc. (May 6, 2014), the New Mexico Court of Appeals (in a 2-1 decision) reversed a jury verdict in a wrongful death case for failure to instruct the jury on the doctrine of independent intervening … Continue reading →

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No, police experts can’t testify that a defendant isn’t credible, 10th Circuit says

by Emil J. Kiehne Posted on May 2, 2014

For your weekend pleasure reading, I recommend the Tenth Circuit’s decision this week in United States v. Hill, a case that raises the question “What were they all thinking?” At Stanley Hill’s trial on criminal charges arising from his alleged involvement in … Continue reading →

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NM Court of Appeals affirms dismissal due to government’s use of false document

by Emil J. Kiehne Posted on April 29, 2014

When you’re litigating a case, it sometimes happens that your client will lose, or will not have kept, copies of relevant documents. When that situation arises, what do you do? I guess it would depend on the circumstances, but here’s a protip … Continue reading →

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Tenth Circuit: plaintiff cannot manufacture diversity jurisdiction by assigning claims to corporation

by Emil J. Kiehne Posted on April 25, 2014

The federal district court in Utah found that J. Hoyt Stephenson was a resident of Utah, and therefore dismissed his counterclaims and third-party claims against a number of other Utah residents. Mr. Stephenson then incorporated National Fitness Holdings, Inc. in … Continue reading →

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