{1} A legal malpractice claim against a client’s former attorneys was barred when the court ruled that, as a compulsory counterclaim, the allegations of legal malpractice had to be filed in response to an attorney charging lien previously filed by those same attorneys. Relying upon Bennett v. Kisluk, 112 N.M. 221, 814 P.2d 89 (1991), we conclude that the client’s malpractice claim was not... More...   $0 (06-23-2008 - NM)

{1} In McMinn v. MBF Operating Acquisition Corp. (McMinn II), 2007-NMSC-040, 142 N.M. 160, 164 P.3d 41, we recently interpreted New Mexico’s dissent and appraisal statute, which gives shareholders who dissent from certain corporate transactions the right to receive fair value for their shares from the corporation. See NMSA 1978, § 53-15-3 (1983); McMinn II, 2007-NMSC-040, ¶ 2. We held tha... More...   $0 (06-24-2008 - NM)

{1} The implied covenant of good faith and fair dealing protects the reasonable expectations of the parties to a contract arising from its terms. Here, the jury was allowed to determine those expectations based upon extrinsic evidence that clarified an express term of the contract. The jury then decided whether the parties exercised good faith and fair dealing in addressing those expectations... More...   $0 (06-25-2008 - NM)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (06-27-2008 - NM)

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.



{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims.... More...   $0 (07-22-2008 - NM)

{1} John and Joanne Sheldon (collectively Appellants) appeal the trial court’s order granting summary judgment on their claims against The Hartford Insurance Company (Hartford) arising from an insurance coverage dispute. Appellants contend that Hartford was obligated to provide insurance coverage under the personal automobile policy of James Reynolds, Jr. (Reynolds), the driver of a 1997 Fo... More...   $0 (06-16-2008 - NM)

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information... More...   $0 (09-02-2008 - NM)

Saul Canizales sued Angelo Lovato, James Collins, Mark Garcia, Matthew Schmidt, Mike Broadbeck, Shawn Willoughby, Todd Armendariz, and Tomoyoshi Stewart on a civil rights violation theory under 41 U.S.C. 1983 claiming that the defendants used excessive force when they arrested him after a confrontation in May 2005 outside a bar in Albuquerque. Canizales was arrested on a battery charge which was ... More...   $35000 (08-10-2008 - NM)

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t... More...   $0 (08-08-2008 - NM)

This is an action brought by plaintiff John Vondrak under 42 U.S.C. § 1983 2 against Officer Cindy McCants, Officer Nathan Krause, and the City of Las Cruces, New Mexico (collectively, “Defendants”). Vondrak has alleged claims against McCants and Krause for illegal arrest, excessive force, and inadequate medical attention, and Vondrak has included similar claims against the City for its failu... More...   $0 (08-08-2008 - NM)

Bertha Keylon, brought suit against Officer Scott Barnard, under 42 U.S.C. § 1983, alleging that her Fourth Amendment rights were violated when she was arrested without probable cause for concealing her identity. After a jury found Officer Barnard not liable, Ms. Keylon submitted a post-trial motion including (1) a Rule 50(b) request for judgment as a matter of law; (2) an objection to the distri... More...   $0 (08-08-2008 - NM)

The plaintiff in this case, M.C.,1 is a young child who suffers from severe emotional and mental health problems. During the relevant time period these problems ma-3- school psychologist). In addition to other claims not before us today, she argued that the defendants’ use of the timeout room violated M.C.’s Fourth Amendment right against unreasonable seizures and his Fourteenth Amendment righ... More...   $0 (08-08-2008 - NM)

{1} The Rio Grande Kennel Club and a number of individual dog owners, kennel owners, and veterinarians (collectively, Plaintiffs) filed a complaint in the district court seeking declaratory judgment and injunctive relief against the City of Albuquerque (the City) regarding the City’s Humane and Ethical Animal Regulations and Treatment ordinance (HEART). HEART regulates the ownership and car... More...   $0 (06-02-2008 - NM)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (07-30-2008 - NM)

{1} We granted certiorari to review whether Defendant Dell Computer Corporation’s Motion to Stay and Compel Arbitration pursuant to the Federal Arbitration Act was properly granted. We hold that, in the context of small consumer claims that would be prohibitively costly to bring on an individual basis, contractual prohibitions on class relief are contrary to New Mexico’s fundamental publi... More...   $0 (07-30-2008 - NM)

{1} Defendant appeals from a district court order granting Plaintiff authority to relocate a road used to access Plaintiff’s gas wells on Defendant’s property. Defendant argues that Plaintiff is required to maintain and repair the existing access road, which was washed out by the adjacent river and made impassable, rather than relocate the access road. We affirm the district court, holdin... More...   $0 (04-28-2008 - NM)

{1} The question in this appeal is whether a junior mortgagee who forecloses its mortgage, along with foreclosure of the senior mortgage, and obtains a deficiency judgment has a right to redeem under the New Mexico redemption statute, NMSA 1978, § 39-5-18(A) (1987) (amended 2007), that was applicable at the time of the foreclosure and redemptions at issue in this appeal. For the reasons we e... More...   $0 (05-07-2008 - NM)

{1} Plaintiff sued Defendants City of Albuquerque (the City) and Correctional Medical Services, Inc. (CMS) for the conduct of their employees at the Metropolitan Detention Center (MDC), which, according to Plaintiff, resulted in the death of her son (Decedent). Decedent was an inmate at MDC experiencing the effects of withdrawal from heroin when the metropolitan court ordered his release. Dec... More...   $0 (04-01-2008 - NM)

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t... More...   $0 (07-21-2008 - NM)

Albuquerque police officers Cynthia Orr and Patricia Paiz contend that the City of Albuquerque and Mary Beth Vigil, the Personnel Director for the Albuquerque Police Department, discriminated against them on the basis of pregnancy, in violation of the Pregnancy Discrimination Act of Title VII.

Specifically, Officers Orr and Paiz allege that, when they took maternity leave, the defendants re... More...   $0 (07-14-2008 - NM)

{2} In 1984, the Bassetts sold a parcel of real estate to a buyer, William Turner ... More...   $0 (04-17-2008 - NM)

In this diversity action, Plaintiff Darr Angell appeals the district court's ruling in favor of Defendant Polaris Production Corporation (Polaris) after a two-day bench trial. Mr. Angell brought suit on behalf of the State of New Mexico alleging that Polaris created a public nuisance by contaminating the groundwater beneath his property.1 We exercise jurisdiction pursuant to 28 U.S.C. § 1291 a... More...   $0 (06-07-2008 - NM)

{1} In this appeal, we direct our attention to the Uniform Building Code ("UBC" or "the Code") as a potential source of a jury instruction on negligence per se. We examine the circumstances under which the UBC imposes an obligation to retrofit conditions in older apartment buildings that complied with the UBC edition in effect at the time of construction, but which no longer comply with newer... More...   $0 (03-12-2008 - NM)

{1} This insurance case raises issues about when a liability insurer's duty to defend is triggered. Over twenty years ago, in State Farm Fire & Casualty Co. v. Price, our Court of Appeals stated that "before the duty to defend arises there must be a demand." 101 N.M. 438, 443, 684 P.2d 524, 529 (Ct. App. 1984), overruled on other grounds by Ellingwood v. N.N. Investors Life Ins. Co., 111 N.M.... More...   $0 (03-13-2008 - NM)

Bob and Sue Burrell, who farmed for 17 years on 172 acres of leased tribal land, claimed that their rights were violated by Jerry Kinsman, Lawrence Montoya, Leonard Armijo and the Santa Ana Pueblo when they were prohibited from baling hay at night in 1997 after a noise complaint. They claimed that the actions taken against them were based on illegal discrimination based on race, national orgin, co... More...   $1300000 (05-10-2008 - NM)

Plaintiff James York has sued the defendant police officers, Chris Gallegos, Frank Lucero, and Greg Martinez, under 42 U.S.C. § 1983, for violating his First and Fourth Amendment rights when they arrested him for saying "bitch" in a public place and used excessive force during the arrest. The police officers moved for summary judgment on the grounds of qualified immunity, arguing that their a... More...   $0 (04-25-2008 - NM)

Tamara Chaky, individually and on behalf of the Estate of Philip Chaky sued the New Mexico Department of Transportation on a governmental tort claim negligence theory claiming that defendant acted below the standard of care in failing to make an icy stretch of Interstate 40 safe and, as a direct result, his truck and horse trailer flipped on a bridge and crashed into a guard rail east of Gallup. ... More...   $3550000 (04-05-2008 - NM)

{1} Subcontractor J.R. Hale Contracting Co., Inc. (Hale) sued to enforce a lien claim for labor and materials against owner Union Pacific Railroad (Union Pacific), claiming breach of contract against general contractor K.B. Alexander Co. of Texas, Inc. (Alexander), and also claiming a right to recover in quantum meruit against Union Pacific and Alexander (Defendants). The dispute centered on ... More...   $0 (09-12-2007 - NM)

{2} A 1996 settlement agreement resolved an action filed in 1996 (the 1996 action) by Residents against the City and Estates to resolve issues relat... More...   $0 (02-06-2008 - NM)

{1} In this appeal, we consider the right of surface owners Defendants Clay and Jeri Osborn to equitable compensation resulting from oil, gas, and mineral lessee Plaintiff Smith and Marrs, Inc.'s state-mandated obligation to drill and oversee monitoring wells on Defendants' land. We conclude that (1) the leases at issue do not include express language that permits Plaintiff to drill and overs... More...   $0 (02-14-2008 - NM)

{1} Plaintiff brought this tort action against Defendant for injuries Plaintiff allegedly suffered while working at Defendant's facility. The issue in this case is whether Defendant is considered Plaintiff's special employer under the Workers' Compensation Act, NMSA 1978, Sections 52-1-1 to -70 (1929 and as amended), such that Defendant is immune from tort liability under the exclusivity prov... More...   $0 (02-14-2008 - NM)

Jessica Garcia, on behalf of her daughter Myisha, alleges that the Albuquerque Public School District failed to formulate an individualized education program for Myisha in the Fall semester of 2003, in violation of the Individuals with Disabilities Education Act. By way of remedy, the Garcias seek certain compensatory educational services. The district court, though acknowledging the school d... More...   $0 (03-28-2008 - NM)

Dońa Ana Mutual Domestic Water Consumers Association ("Dońa Ana") - the appellant in Case No. 06-2347 - previously entered into a settlement agreement (the "Settlement") with City of Las Cruces, New Mexico (the "City") - the appellant in Case No. 06-2266 and an appellee in Case No. 06-2347. In the Settlement, the City agreed to recognize Dońa Ana's exclusive rights, under 7 U.S.C. § 1926(b), ... More...   $0 (02-20-2008 - NM)

{1} On motions for rehearing, the opinion filed October 25, 2007, is withdrawn and the following opinion is substituted in its place. The City of Santa Fe's motion for rehearing is otherwise denied. Maria Stennis's motion for rehearing is likewise denied. The Court, after considering the parties' supplemental briefing, decides, as a matter of law, that the Section 3-53-1.1(E) requirement of o... More...   $0 (01-22-2008 - NM)

{1} In this case, we decide whether a domestic corporation resides in a county for venue purposes solely because its registered agent for service of process resides in that county. Resolution of the issue requires us to interpret the meaning of "resides" as it occurs in Section 38-3-1(A) of our venue statute, 1978 NMSA, Section 38-3-1 (1875-76, as amended through 1988). Based on the plain lan... More...   $0 (01-16-2008 - NM)

{1} In this case we must determine whether a declaratory judgment action is an appropriate method for challenging a municipality's authority to deny permits to drill domestic water wells on private property within the municipality. For the reasons that follow, we conclude that a declaratory judgment action may be used to challenge a municipality's authority to regulate the drilling of we... More...   $0 (01-10-2008 - NM)

{1} This appeal involves a dispute over ownership of water rights developed by a mining lessee in connection with certain mining claims owned by the lessor. The district court granted summary judgment in favor of the lessor's successor in interest, quieting title in that party to the disputed water rights, and the Court of Appeals affirmed. We granted certiorari to clarify that under mos... More...   $0 (11-09-2007 - NM)

{1} This case involves a medical malpractice and wrongful death lawsuit filed by Plaintiffs on behalf of their daughter. Plaintiffs appeal the dismissal of their lawsuit. The lawsuit was filed against Thomas Packard, a New Mexico doctor, and Memorial Medical Center, Inc., a New Mexico hospital (New Mexico Defendants), as well as two Texas doctors, Arturo A. Hernandez and Gilbert Handal (... More...   $0 (09-25-2007 - NM)

{1} Jarrett Scanlon was a student at Las Cruces High School when he was suspended for one year for possessing marijuana and a weapon on school property. Jarrett's parents, Ted Scanlon and Ruth Scanlon-Christopher, appeal his suspension on his behalf, claiming: (1) that the school hearing authority should not have considered evidence obtained in violation of Jarrett's federal and state co... More...   $0 (10-01-2007 - NM)

{1} This is the second time this case has come before us for review. Alliance Health of Santa Teresa, Inc. (Alliance) brought suit against National Presto Industries (National Presto) and The Araz Group (Araz) (collectively Defendants) for promissory estoppel, fraud, breach of contract, and ERISA benefits. This case was originally before us for review based on a dismissal of Alliance's s... More...   $0 (10-25-2007 - NM)