Author Archives: Emil J. Kiehne

Obama Administration asks SCOTUS to overrule Tenth Circuit’s decision in Hobby Lobby

by Emil J. Kiehne Posted on September 24, 2013

The Solicitor General has filed this petition for writ of certiorari, asking the Supreme Court to overturn the Tenth Circuit’s en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, which held that for-profit corporations may challenge the Obamacare contraceptive mandate under the … Continue reading →

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Arbitration agreements can be enforced in wrongful death cases, says NM Court of Appeals

by Emil J. Kiehne Posted on September 17, 2013

When a personal representative files a wrongful death case, is he or she bound by an arbitration agreement signed by the deceased person (or someone holding a power of attorney for the deceased)? Yesterday, the Court of Appeals answered that question … Continue reading →

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Interesting interview with appellate lawyer Brian Keller posted at lawyerist.com

by Emil J. Kiehne Posted on September 10, 2013

  Lawyerist.com has posted an interesting, two-part interview with appellate lawyer Brian Keller here and here.  Keller is a supervisory appellate attorney in the U.S. Department of the Navy’s appellate division. If you are interested in what makes us appellate law … Continue reading →

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Read the New Mexico County Clerks’ petition in same-sex marriage case

by Emil J. Kiehne Posted on September 10, 2013

As a follow-up to my earlier post on the County Clerks’ petition to the New Mexico Supreme Court asking for guidance on whether they may, or may not, issue same-sex marriage licenses, here are the following documents from the case: 1. The Verified Petition … Continue reading →

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NM Supreme Court proposes changes to rule governing peremptory excusal of judges

by Emil J. Kiehne Posted on September 10, 2013

As a follow-up to its decision in Quality Automotive Center, LLC v. Arrieta, which I discussed earlier in this post, the New Mexico Supreme Court yesterday issued proposed changes to New Mexico Rule of Civil Procedure 1-088.1, which governs the … Continue reading →

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NM Supreme Court will hear same-sex marriage petition on October 23

by Emil J. Kiehne Posted on September 9, 2013

Last week, New Mexico’s 33 county clerks asked the New Mexico Supreme Court to issue a definitive opinion on whether they may, or must, issue marriage licenses to same-sex couples. As things stand, several county clerks are now issuing same-sex … Continue reading →

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New Mexico Supreme Court establishes new standard for peremptory excusals of judges

by Emil J. Kiehne Posted on September 9, 2013

After spending the first four years of my legal career in Philadelphia, I returned to New Mexico in 2004. While I expected that New Mexico practice would differ from Pennsylvania’s, by far the biggest surprise was that each party to … Continue reading →

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Federal Bar Association chapter forms in New Mexico, will host several prominent speakers

by Emil J. Kiehne Posted on September 3, 2013

The end of August brought the welcome news that a chapter of the Federal Bar Association is being organized in New Mexico.  According to an informational notice posted on the U.S. District Court’s website, the Association “is dedicated to the … Continue reading →

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New Mexico Supreme Court issues decision in high-profile Elane Photography case

by Emil J. Kiehne Posted on August 22, 2013

Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, … Continue reading →

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Watch those verdict forms, says Tenth Circuit

by Emil J. Kiehne Posted on August 20, 2013

As an appellate lawyer, I have a continuing (and probably unhealthy) obsession with verdict forms. Just like any other jury instruction, they can make or break your appeal. So it’s important to know when you must object to them, and … Continue reading →

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