Author Archives: Emil J. Kiehne

“State Supreme Court hears arguments in widow’s compensation case.”

by Emil J. Kiehne Posted on August 16, 2012

Nico Roesler has this report in the Santa Fe New Mexican about yesterday’s oral argument before the Supreme Court in the case of a Pojoaque tribal police officer, Kevin Schultz, who lost his life while heroically saving a boy from drowning in … Continue reading →

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A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim

by Emil J. Kiehne Posted on August 14, 2012

The New Mexico Rules of Civil Procedure are usually identical to the Federal Rules of Civil Procedure.  But Rule 1-054 is decidedly not identical to its federal counterpart, Rule 54, and a failure to appreciate the difference can be fatal … Continue reading →

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Supreme Court candidate meet and greet in Española

by Emil J. Kiehne Posted on August 9, 2012

The Democratic Party of Rio Arriba County is holding a meet and greet for the five New Mexico Supreme Court candidates tonight from 6:00 p.m. to 9:00 p.m. at the Española Mision Convento (on the Española Plaza), according to this … Continue reading →

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“Two tapped for Supreme Court vacancy”

by Emil J. Kiehne Posted on August 7, 2012

Barry Massey has this report posted at KRQE’s website, which states that the New Mexico Judicial Nominating Commission met this morning and approved the two applicants for the upcoming vacancy on the New Mexico Supreme Court, former justice Paul Kennedy … Continue reading →

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

by Emil J. Kiehne Posted on August 5, 2012

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading →

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“Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election”

by Emil J. Kiehne Posted on July 31, 2012

The BLT: The Blog of Legal Times has this report on the Senate’s vote yesterday to continue blocking the nomination of U.S. Magistrate Judge Robert Bacharach of Oklahoma to the Tenth Circuit. I don’t know much about Judge Bacharach, but he … Continue reading →

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Court of Appeals largely invalidates arbitration agreement in dispute arising from repo man shooting

by Emil J. Kiehne Posted on July 30, 2012

Harry Clay borrowed $2,400 from New Mexico Title Loans, secured by his vehicle.  When he failed to repay it, two employees of Certified Adjusters tried to repossess it.  Clay resisted, and one of the employees shot him, leaving him unable … Continue reading →

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Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals

by Emil J. Kiehne Posted on July 27, 2012

Over the past week and a half, the Court of Appeals has issued a trifecta of decisions dealing with arbitration agreements. The first of these, Figueroa v. THI of New Mexico at Casa Arena Blanca LLC, addressed a nursing home … Continue reading →

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“Santa Fe lawyer drops bid for Supreme Court appointment”

by Emil J. Kiehne Posted on July 26, 2012

Tom Sharpe has this report the Santa Fe New Mexican, stating that Paul D. Mannick has withdrawn his application for the soon-to-be open seat on the New Mexico Supreme Court.  The report does not say why Mr. Mannick withdrew. The remaining … Continue reading →

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Thanks for the kind words

by Emil J. Kiehne Posted on July 24, 2012

Although my blog has been going for less than two weeks, it has already garnered some kind words from Clovis attorney Kirk Chavez, who has been running his own eponymous blog for about a year.  His posts focus on criminal cases in New … Continue reading →

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