In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading
For those of you who follow developments in Native American Law, you might be interested in a publication written by my colleagues, Native American Law Watch. The latest issue has several interesting articles, including the following: “Jurisdiction for Injuries Arising … Continue reading
Just as the Jeopardy! gameshow has an annual College Championship, so too our federal appellate courts apparently have special days when they issue opinions addressing events on our nation’s college campuses. Last Monday, December 23, 2013, was one of those … Continue reading
Last week, in Republican Party of New Mexico v. King (Dec. 18, 2013), the Tenth Circuit upheld an injunction against enforcement of a New Mexico statute (NMSA 1978, § 1-19-34.7(A)(1)) which prevents individuals from making contributions to political committees in excess of $5,000. … Continue reading
In what will surely be regarded as the most important decision issued this year, the New Mexico Supreme Court today issued its decision in Griego v. Oliver, holding that the state constitution requires that same-sex couples be allowed to marry. … Continue reading
I apologize for the lack of posts recently. Over the past two weeks I’ve been assisting with a trial in Santa Fe. Now that it’s over, I’m glad to be back with you all. The New Mexico Court of Appeals … Continue reading
Last week, in State v. Strauch (Oct. 28, 2013), the Court of Appeals held that New Mexico’s child abuse reporting statute imposes obligations only on certain listed professionals, despite the statute’s language saying that it applies to “every person.” This decision … Continue reading
When a personal representative files a wrongful death case, is he or she bound by an arbitration agreement signed by the deceased person (or someone holding a power of attorney for the deceased)? Yesterday, the Court of Appeals answered that question … Continue reading
After spending the first four years of my legal career in Philadelphia, I returned to New Mexico in 2004. While I expected that New Mexico practice would differ from Pennsylvania’s, by far the biggest surprise was that each party to … Continue reading
Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, … Continue reading
