Category Archives: Opinions and Analysis

10th Circuit: If you think someone’s stealing your beer, take your claim to the bar before it’s barred

by Emil J. Kiehne Posted on August 26, 2014

Eric Alden knew something funny was going on at the Wyoming liquor store that he managed and operated. In 2005, the store’s accountant notified him that beer purchases had exceeded beer sales for some time. Mr. Alden also learned about significant discrepancies … Continue reading →

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Non-parties who seek to enforce contract are bound by arbitration agreement, says NM Court of Appeals

by Emil J. Kiehne Posted on August 26, 2014

Normally, arbitration is a matter of contract. If you didn’t sign an arbitration agreement, you’re not bound by it. But there are exceptions, and the New Mexico Court of Appeals recognized one of them in Damon v. StrucSure Home Warranty, … Continue reading →

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Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there

by Emil J. Kiehne Posted on August 6, 2014

Peggy Lujan-Silva was driving on Interstate 25 near Santa Fe, when her car struck tire debris on the highway. Her car rolled over several times, and she was killed. No one knows how long the debris was on the highway. … Continue reading →

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New Mexico Supreme Court upholds “tax lightning” statute

by Emil J. Kiehne Posted on July 1, 2014

In New Mexico, a state statute provides that residential property taxes cannot be raised more than 3% per year, unless the home is sold, in which case the next property tax assessment can be for the home’s full value. This means that when a … Continue reading →

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NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

by Emil J. Kiehne Posted on June 16, 2014

The New Mexico Medicaid Fraud Act does not impose liability whenever a medical provider violates any federal, state, or local law that applies to it, but only when the provider violates a law that is an actual precondition for payment. So held the New … Continue reading →

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Temporary total disability benefits available “for life,” says NM Supreme Court

by Emil J. Kiehne Posted on June 13, 2014

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading →

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NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … Continue reading →

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NM Court of Appeals holds that workers’ compensation covers medical marijuana

by Emil J. Kiehne Posted on May 20, 2014

In an interesting decision, Vialpando v. Ben’s Automotive Services, the Court of Appeals has affirmed an order by a Workers’ Compensation Judge directing an employer and insurer to reimburse an injured worker for medical marijuana prescribed to relieve pain resulting … Continue reading →

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Is “independent intervening cause” alive in New Mexico?

by Emil J. Kiehne Posted on May 12, 2014

In Silva v. Lovelace Health System, Inc. (May 6, 2014), the New Mexico Court of Appeals (in a 2-1 decision) reversed a jury verdict in a wrongful death case for failure to instruct the jury on the doctrine of independent intervening … Continue reading →

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No, police experts can’t testify that a defendant isn’t credible, 10th Circuit says

by Emil J. Kiehne Posted on May 2, 2014

For your weekend pleasure reading, I recommend the Tenth Circuit’s decision this week in United States v. Hill, a case that raises the question “What were they all thinking?” At Stanley Hill’s trial on criminal charges arising from his alleged involvement in … Continue reading →

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