Author Archives: Emil J. Kiehne

Former NM Supreme Court Justice Dan Sosa, Jr. to be honored on May 31

by Emil J. Kiehne Posted on May 30, 2013

Tomorrow night (May 31), from 6 to 10 p.m., the Honorable Dan Sosa, Jr. will be honored at the National Hispanic Cultural Center at its first annual Trailblazers en el Camino Award Ceremony (click on the link for more information, or … Continue reading →

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Watch Tom Goldstein’s address at the UNM Law School Commencement

by Emil J. Kiehne Posted on May 30, 2013

Tom Goldstein, the founder of the indispensable SCOTUSblog, recently delivered the Hooding Address at the University of New Mexico Law School’s 2013 commencement ceremony. In his entertaining address, he actually promised to take one lucky member of the graduating class … Continue reading →

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Rule 11 sanction upheld by NM Court of Appeals

by Emil J. Kiehne Posted on May 29, 2013

New Mexico Rule of Civil Procedure 1-011 serves the same function as Federal Rule of Procedure 11 — to deter baseless filings. Such sanctions are rarely imposed, so the Court of Appeals’ recent decision in Bernier v. Bernier makes for an … Continue reading →

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“Argument Audio: The Four Holdout Circuits”

by Emil J. Kiehne Posted on May 28, 2013

At her terrific Appellate Daily blog, Michelle Olsen has this post about the four federal circuit courts of appeal that do not yet post audio files of oral arguments on their websites. The Tenth Circuit is one of them. To … Continue reading →

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Tenth Circuit to hear challenge to HHS contraceptive mandate in Hobby Lobby Stores, Inc. v. Sebelius

by Emil J. Kiehne Posted on May 22, 2013

Tomorrow afternoon, in an unusual procedure, the en banc Tenth Circuit will consider Hobby Lobby Stores, Inc. v. Sebelius, a challenge to a Department of Health and Human Services regulation requiring employers to provide insurance coverage for contraceptives and abortifacient … Continue reading →

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Statute of limitations for age discrimination claim runs at firing, not when plaintiff discovers younger replacement has been hired

by Emil J. Kiehne Posted on May 21, 2013

The New Mexico Court of Appeals has held that the 300-day statute of limitations for age discrimination claims under the New Mexico Human Rights Act begins to run when the plaintiff suffers an adverse employment action, not when she discovers that a … Continue reading →

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Registration now open for the 2013 10th Circuit Bench & Bar Conference

by Emil J. Kiehne Posted on May 21, 2013

You can now register for the Tenth Circuit’s Bench & Bar Conference at this link. The Conference will be held on August 29-31 at the Broadmoor Resort in Colorado Springs. Reservations at the special conference room rate are now available. The schedule … Continue reading →

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Two new workers’ comp decisions from the New Mexico Court of Appeals

by Emil J. Kiehne Posted on May 21, 2013

Yesterday the New Mexico Court of Appeals issued two decisions dealing with workers’ compensation claims: 1.  Laughlin v. Convenient Management Services, Inc.  In an opinion by Judge Wechsler, the Court held that the Workers’ Compensation Judge correctly determined that a … Continue reading →

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Obama appoints Judge Carolyn McHugh to the Tenth Circuit

by Emil J. Kiehne Posted on May 17, 2013

President Obama has named Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit, according to this report in the Salt Lake Tribune. The White House’s announcement is here.  Judge McHugh’s Wikipedia page, which seems more informative than … Continue reading →

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Proposed rule change would require disclosure for amicus briefs in New Mexico

by Emil J. Kiehne Posted on May 13, 2013

The New Mexico Supreme Court’s Rules of Appellate Procedure Committee (of which I am a member) has proposed a change to Rule 12-215 that would require an amicus curiae to disclose when a party to the case, or the party’s … Continue reading →

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