Category Archives: Opinions and Analysis

Tenth Circuit holds worker can’t convert early retirement pension to a disability pension

by Emil J. Kiehne Posted on July 30, 2015

For those of you who like ERISA, yesterday the Tenth Circuit decided Martinez v. Plumbers & Pipefitters National Pension Plan, affirming a decision that an employee was not entitled to convert an early retirement pension to a disability pension. Judge … Continue reading →

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Tenth Circuit says woman’s statements may constitute “true threats” against abortion doctor

by Emil J. Kiehne Posted on July 30, 2015

In United States v. Dillard, the Tenth Circuit has reversed the dismissal of a civil enforcement action under the Freedom of Access to Clinic Entrances Act, which prohibits (among other things) using threats of force to interfere with abortion clinics. Angel Dillard, … Continue reading →

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10th Circuit affirms Windstream’s win in sex and age discrimination case

by Emil J. Kiehne Posted on July 10, 2015

The Tenth Circuit has affirmed a summary judgment that Windstream Communications obtained against the plaintiff, Susan Bennett, who alleged that the company had engaged in sex and age discrimination. See Bennett v. Windstream Communications, Inc.  One wonders why this case … Continue reading →

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NM Court of Appeals explains how to resolve land-use conflicts between state governmental bodies

by Emil J. Kiehne Posted on July 8, 2015

What should courts do when governmental entities have land use fights? The Legislature created the Eastern New Mexico Water Utility Authority to construct a water delivery system from the Ute Reservoir to nearby local governments. The Authority planned to construct a facility … Continue reading →

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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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It’s too late to ask for arbitration after class certification, says 10th Circuit

by Emil J. Kiehne Posted on June 26, 2015

In Healy v. Cox Communications, Inc., an antitrust class action, the Tenth Circuit affirmed an order finding that Cox Communications waived any right it may have had to compel arbitration because it didn’t ask for arbitration until “after extensive discovery, class certification, potentially … 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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10th Circuit approves “a little judicial jiu-jitsu” in Rocky Flats nuclear class action

by Emil J. Kiehne Posted on June 24, 2015

Litigation over radioactive pollution at Colorado’s Rocky Flats nuclear power plant has been ongoing since the early 1990s, but the Tenth Circuit is trying to bring it to an end, as evidenced by yesterday’s decision in Cook v. Rockwell International … 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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