Tag Archives: Justice Barbara Vigil

NM Supreme Court: Texas doctor’s sovereign immunity will be upheld in medical malpractice case

by Emil J. Kiehne Posted on March 14, 2017

Yesterday, the New Mexico Supreme Court issued its decision in the closely-watched case of Montaño v. Frezza. The case arose out of medical treatment that a New Mexico resident, Kimberly Montaño, received from a physician at Texas Tech University Hospital … Continue reading →

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Chief Justice Vigil speaks at Eastern NM University

by Emil J. Kiehne Posted on October 24, 2015

Jackie Johnson has this story in the Clovis News Journal about yesterday’s visit by Chief Justice Barbara Vigil to students at Eastern New Mexico University in Portales.

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Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

by Emil J. Kiehne Posted on September 14, 2015

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading →

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The Spring 2014 edition of NM’s appellate practice section newsletter is out

by Emil J. Kiehne Posted on February 19, 2014

The Spring 2014 edition of Appellate News, the newsletter of the State Bar of New Mexico Appellate Practice Section, is now out, and contains an interesting interview with Justice Barbara Vigil. You can also read my own interview with Justice … Continue reading →

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New Mexico Supreme Court establishes new standard for peremptory excusals of judges

by Emil J. Kiehne Posted on September 9, 2013

After spending the first four years of my legal career in Philadelphia, I returned to New Mexico in 2004. While I expected that New Mexico practice would differ from Pennsylvania’s, by far the biggest surprise was that each party to … 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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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … 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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