Category Archives: Opinions and Analysis

NM Supreme Court: Flat fees for contract public defenders don’t violate right to effective assistance

by Emil J. Kiehne Posted on June 7, 2016

In the first episode of Better Call Saul‘s first season, Jimmy McGill complains about the $700 paycheck he received for representing three teenagers accused of indecent acts as a New Mexico contract public defender. While that scene was played for … Continue reading →

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NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims

by Emil J. Kiehne Posted on May 20, 2016

The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims. The opinion is Estate of Brice v. Toyota Motor Corporation, written by Justice Maes (Justice Nakamura did … Continue reading →

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10th Circuit declines to revisit Utah polygamy decision

by Emil J. Kiehne Posted on May 13, 2016

Today the Tenth Circuit denied a petition for en banc review in Brown v. Buhman, the challenge to Utah’s anti-bigamy statute brought by reality television star Kody Brown and his four “sister wives.” Last month, the Tenth Circuit found that … Continue reading →

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NM Supreme Court: State agencies aren’t immune from — USERRA claims by national guard members

by Emil J. Kiehne Posted on April 20, 2016

In Justice Judith Nakamura’s first opinion, the New Mexico Supreme Court has ruled that state agencies are not immune from claims under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (– USERRA), which prohibits discrimination against members … Continue reading →

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10th Circuit orders “Sister Wives” polygamy case dismissed as moot

by Emil J. Kiehne Posted on April 11, 2016

Today, in the controversial case of Brown v. Buhman, the Tenth Circuit held that a challenge to Utah’s anti-bigamy statute brought by reality television star Kody Brown and his four “sister wives” is moot, and vacated the judgment in their … Continue reading →

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10th Circuit affirms injunction against ban aimed at jury nullification advocacy outside courthouse

by Emil J. Kiehne Posted on April 11, 2016

On Friday, the Tenth Circuit has affirmed a preliminary injunction entered against a Colorado state trial court to prevent it from enforcing a rule prohibiting expressive activities in a plaza outside the courthouse. The rule was targeted at advocates of … Continue reading →

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10th Circuit reduces $25.5 million punitive award to $1.95 million

by Emil J. Kiehne Posted on April 5, 2016

Last week, the Tenth Circuit issued its decision in a closely-watched punitive damages case, Lompe v. Sunridge Partners, LLC. The case arose from a lawsuit filed by Amber Lompe, a 20-year old college student in Wyoming, who suffered carbon monoxide … Continue reading →

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NM Supreme Court: Prison guard’s employers are vicariously liable for sexual assaults on inmates

by Emil J. Kiehne Posted on March 15, 2016

Anthony Townes, a guard at a privately-operated prison, used his power to rape several female inmates. He pled guilty to criminal charges arising from those assaults (and, hopefully, will spend a long time in prison himself). The inmates sued in … Continue reading →

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10th Circuit upholds Colorado’s “Amazon” tax reporting statute

by Emil J. Kiehne Posted on February 29, 2016

Last week the Tenth Circuit issued an important decision affecting the realm of online commerce. In Direct Marketing Association v. Brohl, the Court rejected a Dormant Commerce Clause challenge to a Colorado statute requiring certain online retailers to report sales in Colorado, … Continue reading →

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NM Supreme Court: Traditional indemnity unavailable in comparative fault cases

by Emil J. Kiehne Posted on February 18, 2016

Today the New Mexico Supreme Court issued a decision in Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS, holding that traditional indemnification is not available when a jury has imposed liability on an actively-liable tortfeasor under comparative fault principles. … Continue reading →

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