Category Archives: Opinions and Analysis

Tenth Circuit holds that 2nd Amendment does not protect right to concealed carry

by Emil J. Kiehne Posted on February 25, 2013

On Friday, the Tenth Circuit held, in Peterson v. Martinez, that the Second Amendment does not protect a right to carry a concealed firearm. The plaintiff, a resident of Washington state, also claimed that Colorado’s concealed carry statutory scheme, which … Continue reading →

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10th Circuit holds that corporate entities likely can’t bring hostile work environment claims

by Emil J. Kiehne Posted on February 8, 2013

The Tenth Circuit held yesterday, in Allstate Sweeping, LLC v. Black, that an artificial entity likely cannot bring a hostile work environment claim under the Equal Protection Clause or 42 U.S.C. § 1981. The plaintiff, Allstate Sweeping, LLC, was owned … Continue reading →

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NM Supreme Court holds Department of Transportation may be sued for not installing cross-over barriers on highway

by Emil J. Kiehne Posted on February 1, 2013

A head-on collision is every driver’s nightmare, and in 2004 one happened on State Road 502 east of Los Alamos, killing Amelia Martinez and Donald Espinoza. The crash occurred because another driver, coming from the opposite direction, was attempting to … Continue reading →

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Opponents of subdivision may appeal from either preliminary or final approval of plat, says NM Court of Appeals

by Emil J. Kiehne Posted on January 30, 2013

Normally, appeals may only taken from final orders or decisions — i.e. those orders or decisions that resolve all of the issues in a case.  Appellate courts don’t usually hear appeals from non-final orders, because a non-final order could be … Continue reading →

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Motion to compel arbitration is not a Get-Out-Of-Discovery-Free card, says NM Court of Appeals

by Emil J. Kiehne Posted on January 29, 2013

In Weiss v. THI of New Mexico at Valle Norte, LLC, the New Mexico Court of Appeals has held that the mere filing of a motion to compel arbitration does not automatically stay a party’s discovery obligations. I think the Court’s … Continue reading →

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If the other side argues that your appeal should be dismissed, don’t ignore it, says NM Court of Appeals.

by Emil J. Kiehne Posted on December 31, 2012

Recently legal writing guru Bryan Garner had an interesting piece on when you can ignore a point raised by your opponent on appeal. While that may be possible in some circumstances, it’s probably not a good idea to ignore an … Continue reading →

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NM Court of Appeals explains how to calculate the average weekly wage when a worker has more than one job, and affirms attorney fee award

by Emil J. Kiehne Posted on November 20, 2012

Earlier this month the NM Court of Appeals, in Vinyard v. Palo Alto, Inc., decided the proper method for calculating the weekly average in a workers’ compensation case when the injured employee has two jobs.  The proper method, according to … Continue reading →

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This week’s NM Court of Appeals Opinions

by Emil J. Kiehne Posted on October 26, 2012

The New Mexico Court of Appeals has issued several interesting opinions this week. I hope to have time to discuss some of them next week, but here is a list so that you can decide which ones to take home … Continue reading →

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“Rule 401 gags judges when it comes to judicial candidates”

by Emil J. Kiehne Posted on October 22, 2012

District Judge Alan Malott of the Second Judicial District Court has this op-ed piece in today’s Albuquerque Journal. Although New Mexico voters have the opportunity to elect state court judges in this year’s election, it’s fair to say that most … Continue reading →

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Court of Appeals holds interlock devices are required for drug-impaired drivers

by Emil J. Kiehne Posted on September 24, 2012

Tara Valdez was convicted of driving while intoxicated.  No proof existed that she had drunk any alcohol, but a blood test detected the presence of oxycodone, diazepam, and nordiazepam in her system. A New Mexico statute requires that anyone convicted of DWI be … Continue reading →

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