Author Archives: Emil J. Kiehne

Abuse of licensing statute to stifle unwanted criticism violates 1st Amendment, says NM Court of Appeals

by Emil J. Kiehne Posted on May 13, 2013

A recent case from the New Mexico Court of Appeals demonstrates that professional licensing statutes exist to protect consumers and members of the public, not to shield the tender feelings of government officials from unwelcome criticism. William Turner, a board member … Continue reading →

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NM Supreme Court adopts rule from Hadley v. Baxendale in a case that proves Murphy’s Law is alive and well

by Emil J. Kiehne Posted on April 29, 2013

Don’t forget to pay your electric bill. That’s one lesson to be learned from Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc., a recent decision from the New Mexico Supreme Court written by Justice Edward Chavez, which settles … Continue reading →

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NM Court of Appeals reinstates “green” building codes

by Emil J. Kiehne Posted on April 12, 2013

Several news reports, including this one from KRQE, state that the New Mexico Court of Appeals has reinstated the “green” building code regulations enacted during the last days of Governor Bill Richardson’s administration. The regulations were revoked in 2011 after … Continue reading →

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NM Court of Appeals holds oral argument at Grants High School

by Emil J. Kiehne Posted on April 2, 2013

Continuing with its program of holding oral arguments in high schools throughout New Mexico, last week the Court of Appeals heard argument at Grants High School in a case (State v. Judith Dean) involving methamphetamine trafficking, according to this report in … Continue reading →

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Tenth Circuit Grants Hobby Lobby En Banc Hearing

by Emil J. Kiehne Posted on April 2, 2013

This past Friday, the Tenth Circuit issued this order granting Hobby Lobby’s petition for an initial en banc hearing in Hobby Lobby Stores, Inc. v. Sebelius.  This means that instead of being heard by a three-judge panel, as usually occurs, the … Continue reading →

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New Mexico Court of Appeals holds that Anti-SLAPP Statute does not apply to judicial proceedings

by Emil J. Kiehne Posted on March 14, 2013

A “strategic lawsuit against public participation,” or SLAPP, is a lawsuit that is intended to punish members of the public for criticizing or opposing actions that the plaintiff wants a public body to take. The usual objective of such a lawsuit is not … Continue reading →

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NM Attorney General Gary King signs amicus brief supporting same-sex marriage

by Emil J. Kiehne Posted on February 28, 2013

New Mexico Attorney General Gary King has joined the attorneys general of the District of Columbia and 12 other states today in filing this amicus brief urging the Supreme Court of the United States to affirm the Ninth Circuit’s judgment striking … Continue reading →

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Senate confirms Judge Robert Bacharach to the Tenth Circuit

by Emil J. Kiehne Posted on February 26, 2013

The Blog of the Legal Times has this report on the Senate’s 93-0 vote to confirm U.S. Magistrate Judge Robert Bacharach to the Tenth Circuit.  Although Judge Bacharach’s nomination seems to have been uncontroversial, he still had to wait over 260 … Continue reading →

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Tenth Circuit holds that 2nd Amendment does not protect right to concealed carry

by Emil J. Kiehne Posted on February 25, 2013

On Friday, the Tenth Circuit held, in Peterson v. Martinez, that the Second Amendment does not protect a right to carry a concealed firearm. The plaintiff, a resident of Washington state, also claimed that Colorado’s concealed carry statutory scheme, which … Continue reading →

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10th Circuit holds that corporate entities likely can’t bring hostile work environment claims

by Emil J. Kiehne Posted on February 8, 2013

The Tenth Circuit held yesterday, in Allstate Sweeping, LLC v. Black, that an artificial entity likely cannot bring a hostile work environment claim under the Equal Protection Clause or 42 U.S.C. § 1981. The plaintiff, Allstate Sweeping, LLC, was owned … Continue reading →

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