Category Archives: New Mexico Supreme Court

Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

by Emil J. Kiehne Posted on September 14, 2015

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading →

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Applications for the upcoming NM Supreme Court vacancy are due on October 9

by Emil J. Kiehne Posted on September 11, 2015

The New Mexico Judicial Nominating Commission has announced that it is accepting applications for the seat on the New Mexico Supreme Court that will be vacated by Justice Richard Bosson on October 31, 2015. As I reported here, Justice Bosson … Continue reading →

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NM Supreme Court to review assisted suicide case

by Emil J. Kiehne Posted on September 8, 2015

The New Mexico Supreme Court has granted certiorari in Morris v. Brandenburg, the case in which the plaintiffs are claiming that a right to assistance in committing suicide exists under the New Mexico Constitution. Last month, the Court of Appeals held, in a … Continue reading →

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Have lunch with Justice Chávez on September 25

by Emil J. Kiehne Posted on August 26, 2015

The Appellate Practice Section and Young Lawyers Division of the State Bar will be hosting a brown bag lunch with Justice Edward Chávez of the New Mexico Supreme Court at noon on Friday, September 25, 2015, at the State Bar … Continue reading →

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NM Supreme Court rejects former judge’s argument that she wasn’t up for retention in 2014

by Emil J. Kiehne Posted on August 20, 2015

After the voters declined to retain her in the 2014 general election, Judge Sheri Raphaelson of the First Judicial District Court took the position that she should not have been subjected to a retention election in the first place. Judge … Continue reading →

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NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

by Emil J. Kiehne Posted on August 13, 2015

Today the New Mexico Supreme Court issued its ruling in Kane v. City of Albuquerque, upholding provisions of the City Charter and the City Personnel Rules which prohibit city employees from seeking or holding elective office. Emily Kane, a captain … Continue reading →

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Justice Harry Stowers, RIP

by Emil J. Kiehne Posted on July 9, 2015

Today brings with it the sad news that former New Mexico Supreme Court Justice Harry Stowers has passed away. Ryan Boetel has this story in today’s Albuquerque Journal. Justice Stowers served on the Court from 1982 to 1989. My condolences … Continue reading →

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NM Supreme Court: Retroactive treble damages don’t violate ex post facto clause

by Emil J. Kiehne Posted on June 26, 2015

Yesterday, in State ex rel. Foy v. Austin Capital Management, Ltd., the New Mexico Supreme Court (opinion by Justice Maes) held that retroactive application of the treble damages provision of the Fraud Against Taxpayers Act does not violate the federal or … Continue reading →

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Self-dealing trustees must both disgorge profits and pay restoration damages, says NM Supreme Court

by Emil J. Kiehne Posted on June 19, 2015

In Miller v. Bank of America, N.A. (June 15, 2015), the New Mexico Supreme Court has held that trustees who engage in self-dealing transactions are required both to pay restoration damages (for any losses sustained) and to disgorge any profits … Continue reading →

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NM Supreme Court sides with labor unions in prevailing wage dispute

by Emil J. Kiehne Posted on June 18, 2015

On Monday, in New Mexico Building & Construction Trades Council v. Dean, the New Mexico Supreme Court granted a writ of mandamus against the Labor Relations Division of the state’s Department of Workforce Solutions, requiring it to set prevailing wage rates … Continue reading →

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