Category Archives: Opinions and Analysis

You’ve got to know when to fold ’em: Tenth Circuit slaps down EEOC for frivolous lawsuit

by Emil J. Kiehne Posted on September 18, 2012

The first paragraph of the Tenth Circuit’s recent decision in EEOC v. TriCore Reference Laboratories says: “Substantiating the old saw that no good deed goes unpunished, the EEOC persisted in litigating this case in spite of clear evidence that TriCore went … Continue reading →

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“The tangled web of conflicting rights”

by Emil J. Kiehne Posted on September 17, 2012

National op-ed columnist George Will has this column in the Washington Post about Elane Photography, LLC v. Willock, which was decided by the New Mexico Court of Appeals in May.  The New Mexico Supreme Court has granted Elane Photography’s petition for … Continue reading →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , | 2 Comments

“A Bit of the Wild West Survives in New Mexico”

by Emil J. Kiehne Posted on September 5, 2012

One aspect of New Mexico law that surprises city slickers from Back East (besides the fact that we are actually part of the United States) is that livestock owners are generally not responsible for damages caused by their animals to the unfenced … Continue reading →

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“You Forgot to Swear In the Jury? No Prob”

by Emil J. Kiehne Posted on September 3, 2012

Joe Palazzolo has this report from the Wall Street Journal’s Law Blog about the Tenth Circuit’s decision in United States v. Turrietta, which reinforces the lesson that a lawyer usually cannot sit by while error occurs and successfuly take advantage of it later.  What makes … Continue reading →

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NM Court of Appeals sets standard for personal jurisdiction over foreign defendants

by Emil J. Kiehne Posted on August 21, 2012

Minimum contacts.  Purposeful availment.  Haled into court. Stream of commerce. You may not have heard those phrases since your first year of law school, but last week the Court of Appeals, in Sproul v. Rob & Charlie’s, Inc., took up … Continue reading →

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NM Court of Appeals strikes down another nursing home arbitration agreement

by Emil J. Kiehne Posted on August 20, 2012

In response to a wrongful death lawsuit arising from the death of a resident, a Belen nursing home sought to enforce an arbitration agreement, which required that all disputes between the resident (or his family) and the nursing home be … Continue reading →

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A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim

by Emil J. Kiehne Posted on August 14, 2012

The New Mexico Rules of Civil Procedure are usually identical to the Federal Rules of Civil Procedure.  But Rule 1-054 is decidedly not identical to its federal counterpart, Rule 54, and a failure to appreciate the difference can be fatal … Continue reading →

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

by Emil J. Kiehne Posted on August 5, 2012

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading →

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Court of Appeals largely invalidates arbitration agreement in dispute arising from repo man shooting

by Emil J. Kiehne Posted on July 30, 2012

Harry Clay borrowed $2,400 from New Mexico Title Loans, secured by his vehicle.  When he failed to repay it, two employees of Certified Adjusters tried to repossess it.  Clay resisted, and one of the employees shot him, leaving him unable … Continue reading →

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Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals

by Emil J. Kiehne Posted on July 27, 2012

Over the past week and a half, the Court of Appeals has issued a trifecta of decisions dealing with arbitration agreements. The first of these, Figueroa v. THI of New Mexico at Casa Arena Blanca LLC, addressed a nursing home … Continue reading →

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