Category Archives: New Mexico Court of Appeals

Employers don’t have to pay workers for traveling to and from work, says NM Court of Appeals

by Emil J. Kiehne Posted on June 29, 2015

In Segura v. J.W. Drilling, Inc., the Court of Appeals has held that the state Minimum Wage Act does not require employers to pay workers overtime wages for the time they spend traveling to and from work. The plaintiffs relied … Continue reading →

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Exclusion of farm & ranch employees from workers’ comp is unconstitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 26, 2015

Section 52-1-6(A) of the New Mexico’s Workers’ Compensation Act excludes farm and ranch laborers from the benefits (and burdens) of workers’ compensation. This week, the Court of Appeals held that this exclusion violates the equal protection clause of the New Mexico … Continue reading →

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Agency’s failure to review record was abuse of discretion, says NM Court of Appeals

by Emil J. Kiehne Posted on May 15, 2015

Patricia Vigil, a state government employee, claimed she was disabled as a result of her work. A hearing officer of the Public Employees Retirement Board conducted a hearing, concluded she was disabled, and found that no pre-existing condition had significantly … Continue reading →

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NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit

by Emil J. Kiehne Posted on May 13, 2015

The New Mexico Medical Malpractice Act creates a statute of repose, not a statute of limitations. This means that a medical negligence lawsuit against a qualified healthcare provider must be filed within three years of the malpractice, regardless of whether the … Continue reading →

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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

by Emil J. Kiehne Posted on May 5, 2015

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading →

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Possession of “The Girl With the Dragon Tattoo” violated probation, says NM Court of Appeals

by Emil J. Kiehne Posted on May 5, 2015

A defendant was on probation for sex offenses. The conditions of his probation prohibited him from possessing “any sexually oriented or sexually stimulating material.” The New Mexico Court of Appeals held that defendant violated the conditions of his probation by possessing … Continue reading →

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Former NM public officials can be sued for whistleblower violations

by Emil J. Kiehne Posted on April 24, 2015

In 2010, New Mexico Secretary of State Mary Herrera fired two employees of her office, James Flores and Manny Vildasol, after they reported to the FBI what they considered to be criminal activity by Herrera. At the time, she was … Continue reading →

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Copper Rule affirmed by New Mexico Court of Appeals

by Emil J. Kiehne Posted on April 9, 2015

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading →

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

by Emil J. Kiehne Posted on March 19, 2015

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading →

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

by Emil J. Kiehne Posted on March 18, 2015

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading →

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