Tag Archives: Arbitration

NM Court of Appeals: Attorney-client arbitration contracts must be supported by informed consent

by Emil J. Kiehne Posted on February 5, 2016

When Ray Castillo retained lawyers to represent him in his personal injury case, he signed a contract with them which provided that “[s]hould any dispute arise, Client and Attorney agree to submit their dispute to arbitration.” When Castillo later sued … Continue reading →

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10th Circuit: Arbitration agreement did not allow plaintiff effective vindication of rights

by Emil J. Kiehne Posted on January 6, 2016

In Nesbitt v. FCNH, Inc., the Tenth Circuit has affirmed a trial court’s decision refusing to enforce an arbitration agreement because it did not allow the plaintiff to effectively vindicate her rights. Rhonda Nesbitt sued defendants, claiming that they violated … Continue reading →

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It’s too late to ask for arbitration after class certification, says 10th Circuit

by Emil J. Kiehne Posted on June 26, 2015

In Healy v. Cox Communications, Inc., an antitrust class action, the Tenth Circuit affirmed an order finding that Cox Communications waived any right it may have had to compel arbitration because it didn’t ask for arbitration until “after extensive discovery, class certification, potentially … Continue reading →

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10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court

by Emil J. Kiehne Posted on May 28, 2015

Todd Cahill was sued by his former employer. Mr. Cahill removed the case to federal district court, argued that the lawsuit was subject to an arbitration agreement, and asked the lawsuit be stayed so that the dispute could be arbitrated. For … Continue reading →

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Non-parties who seek to enforce contract are bound by arbitration agreement, says NM Court of Appeals

by Emil J. Kiehne Posted on August 26, 2014

Normally, arbitration is a matter of contract. If you didn’t sign an arbitration agreement, you’re not bound by it. But there are exceptions, and the New Mexico Court of Appeals recognized one of them in Damon v. StrucSure Home Warranty, … Continue reading →

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Tenth Circuit rejects New Mexico’s view that unbalanced arbitration agreements are unenforceable

by Emil J. Kiehne Posted on February 11, 2014

New Mexico’s appellate courts have held that arbitration agreements are unconscionable if they allow one party to bring its most likely claims in court, while requiring the other party to bring its most likely claims in arbitration. This view is reflected … Continue reading →

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Arbitration agreements can be enforced in wrongful death cases, says NM Court of Appeals

by Emil J. Kiehne Posted on September 17, 2013

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 →

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NM Supreme Court issues four decisions in civil cases

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the New Mexico Supreme Court issued four opinions in civil cases: 1.  Strausberg v. Laurel Healthcare Providers.  In this medical malpractice action, the defendant nursing home moved to compel arbitration. The plaintiff claimed that the agreement was procedurally unconscionable, … 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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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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