Category Archives: Opinions and Analysis

New Mexico Supreme Court rules against Barnes & Noble in internet sales tax dispute

by Emil J. Kiehne Posted on June 3, 2013

Today the New Mexico Supreme Court held, in New Mexico Department of Taxation & Revenue v. Barnesandnoble.com, LLC, that the State may impose New Mexico gross receipts tax on Barnes & Noble’s online sales transactions. In an opinion by Justice … Continue reading →

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NM Supreme Court rules against Halliburton in dispute over employment arbitration agreement

by Emil J. Kiehne Posted on May 31, 2013

Yesterday, in Flemma v. Halliburton Energy Services, Inc., the New Mexico Supreme Court ruled that an employment arbitration agreement was unconscionable under New Mexico law. As explained in Justice Barbara Vigil‘s opinion, the arbitration agreement in question allowed Halliburton to … Continue reading →

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Rule 11 sanction upheld by NM Court of Appeals

by Emil J. Kiehne Posted on May 29, 2013

New Mexico Rule of Civil Procedure 1-011 serves the same function as Federal Rule of Procedure 11 — to deter baseless filings. Such sanctions are rarely imposed, so the Court of Appeals’ recent decision in Bernier v. Bernier makes for an … Continue reading →

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Tenth Circuit to hear challenge to HHS contraceptive mandate in Hobby Lobby Stores, Inc. v. Sebelius

by Emil J. Kiehne Posted on May 22, 2013

Tomorrow afternoon, in an unusual procedure, the en banc Tenth Circuit will consider Hobby Lobby Stores, Inc. v. Sebelius, a challenge to a Department of Health and Human Services regulation requiring employers to provide insurance coverage for contraceptives and abortifacient … Continue reading →

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Statute of limitations for age discrimination claim runs at firing, not when plaintiff discovers younger replacement has been hired

by Emil J. Kiehne Posted on May 21, 2013

The New Mexico Court of Appeals has held that the 300-day statute of limitations for age discrimination claims under the New Mexico Human Rights Act begins to run when the plaintiff suffers an adverse employment action, not when she discovers that a … Continue reading →

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Two new workers’ comp decisions from the New Mexico Court of Appeals

by Emil J. Kiehne Posted on May 21, 2013

Yesterday the New Mexico Court of Appeals issued two decisions dealing with workers’ compensation claims: 1.  Laughlin v. Convenient Management Services, Inc.  In an opinion by Judge Wechsler, the Court held that the Workers’ Compensation Judge correctly determined that a … Continue reading →

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Abuse of licensing statute to stifle unwanted criticism violates 1st Amendment, says NM Court of Appeals

by Emil J. Kiehne Posted on May 13, 2013

A recent case from the New Mexico Court of Appeals demonstrates that professional licensing statutes exist to protect consumers and members of the public, not to shield the tender feelings of government officials from unwelcome criticism. William Turner, a board member … Continue reading →

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NM Supreme Court adopts rule from Hadley v. Baxendale in a case that proves Murphy’s Law is alive and well

by Emil J. Kiehne Posted on April 29, 2013

Don’t forget to pay your electric bill. That’s one lesson to be learned from Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc., a recent decision from the New Mexico Supreme Court written by Justice Edward Chavez, which settles … Continue reading →

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NM Court of Appeals reinstates “green” building codes

by Emil J. Kiehne Posted on April 12, 2013

Several news reports, including this one from KRQE, state that the New Mexico Court of Appeals has reinstated the “green” building code regulations enacted during the last days of Governor Bill Richardson’s administration. The regulations were revoked in 2011 after … Continue reading →

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New Mexico Court of Appeals holds that Anti-SLAPP Statute does not apply to judicial proceedings

by Emil J. Kiehne Posted on March 14, 2013

A “strategic lawsuit against public participation,” or SLAPP, is a lawsuit that is intended to punish members of the public for criticizing or opposing actions that the plaintiff wants a public body to take. The usual objective of such a lawsuit is not … Continue reading →

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