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New Mexico Abandonment Law
 
United States of America v. Carl Ernesto Romero

Defendant Carl Romero was convicted by a jury of assaulting and killing Naayaitch Friday. He challenges the district court’s refusal to suppress evidence found after searches of the car he drove and his bedroom. We hold that the search warrant for the car was supported by probable cause and that investigating officers properly relied on his stepfather’s consent to search his bedroom. Exercisin... More...   $0 (04-15-2014 - NM)

Rose Griego v. Maggie Toulouse Oliver

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

Carolina Casualty v. Nanodetex Corporation

A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,” which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, whi... More...   $0 (08-19-2013 - NM)

Herman Spencer v. Paul Barber

{1} This case evolved from a wrongful death action filed by Plaintiff Ellen Sam as personal representative of the estates of her daughter, Hermanda Spencer, and her granddaughter, Lydia Burnett. Through her attorneys, third-party Defendants Paul Barber and the law firm of Barber & Borg, LLC (collectively Barber), Sam entered into a settlement agreement with decedent Hermanda Spencer’s father, De... More...   $0 (09-09-2011 - NM)

Village of Wagon Mound v. Mora Trust

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as ... More...   $0 (12-18-2002 - NM)

Bani Chatterjee v. Taya King

{1} This case involves the issue of whether a non-parent has standing to assert a custody and/or visitation claim, absent a finding of unfitness of the natural or adoptive parent, under New Mexico statutory or case law. Petitioner Bani Chatterjee appeals the district court’s dismissal of her petition to establish parentage and determine custody and time sharing with regard to the adopted child o... More...   $0 (12-01-2010 - NM)

Gary Hoffman v. Sandia Resort and Casino

{1} This case presents us with another question regarding the extent of tribal sovereign immunity. Appellant Hoffman brought suit in district court based on his claims that Sandia Resort and Casino (Sandia) wrongfully refused to pay him a gambling prize. Holding that tribal sovereign immunity applies, we affirm the district court’s grant of Sandia’s motion to dismiss based on lack of subject m... More...   $0 (01-26-2010 - NM)

Debra Martinez v. Target Corporation

Debra Martinez appeals from four orders entered by the district court, including a summary judgment in favor of Target Corporation on her claim of age discrimination. See, 29 U.S.C. §§ 621-634. We affirm.

I.

Martinez began working for Target in 1990 at a store in Albuquerque, New Mexico, where she held several positions, the last being Reverse Receiving Specialist. She typicall... More...
   $0 (07-01-2010 - NM)

Desiree Herrera v. City of Albuquerque

Plaintiff Desiree Herrera appeals from the district court’s grant of qualified immunity in favor of defendant Maureen O’Brien, and from the district court’s entry of final judgment in favor of defendants on her claims pursuant to 42 U.S.C. § 1983. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Factual background

On October 5, 2005, Albuquerque poli... More...
   $0 (12-14-2009 - NM)

State of New Mexico ex rel. Gary K. King v. UU Bar Ranch Limited Partnership

{1} The State Attorney General filed this quiet-title action to secure title to a roadway that historically had provided public access to thousands of acres of state trust lands in Colfax and Mora counties. The Attorney General has prevailed in its quest to quiet title, with two Court of Appeals opinions agreeing that the state holds title to the road in question. This appeal arises because t... More...   $0 (03-05-2009 - NM)

State of New Mexico v. UU Bar Ranch Limited Partnership

{1} The State Attorney General filed this quiet-title action to secure title to a roadway that historically had provided public access to thousands of acres of state trust lands in Colfax and Mora counties. The Attorney General has prevailed in its quest to quiet title, with two Court of Appeals opinions agreeing that the state holds title to the road in question. This appeal arises because t... More...   $0 (03-05-2009 - NM)

Suzanne Guest and The Guest Law Firm, P.C. v. David Berardinelli and Cheryl McLean

{1} Plaintiffs, Suzanne Guest and the Guest Law Firm (Guest), appeal the district court’s grant of summary judgment in favor of Defendants, David Berardinelli (Berardinelli) and Cheryl McLean (McLean) (collectively referred to as Defendants), on three claims: (1) malicious abuse of process, (2) interference with existing and prospective contractual relations, and (3) prima facie tort. Guest... More...   $0 (02-29-2008 - NM)

American Civil Liberties Union of New Mexico and Peter G. Simonson v. City of Albuquerque

{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)

American Civil Liberties Union of New Mexic (ACLU) v. City of Albuquerque

{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)

Mary Salas v. Mountain States Mutual Casualty Company

{1} Plaintiff Mary Salas filed a complaint for breach of contract after Mountain States Mutual refused to provide her underinsured motorist coverage under a policy Mountain States had issued to Plaintiff's son and daughter-in-law. Mountain States requested summary judgment arguing that Plaintiff had failed to comply with the consent-to-settle provisions of the policy. The district court ... More...   $0 (12-24-2007 - NM)

John Navani v. Bina Shahani

Bina Shahani appeals the district court's order granting John Navani's petition that their son be returned to England, the child's country of habitual residence, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and its implementing legislation, the International Child Abduction Remedies Act. The district court concluded that Shahani wrongfully retained the ... More...   $0 (07-30-2007 - NM)

State of New Mexico, et al. v. General Electric Company

This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The district court granted summary judgment to Defendants General Electric (GE) and ACF Industries (ACF) because the AG "failed to raise genuine issues of material fact on the essential elements o... More...   $0 (11-03-2006 - NM)

Summit Properties, Inc. v. Public Service Company of New Mexico, etc.

{1} Summit Properties (Summit), a real estate developer, sued the Public Service Company of New Mexico (PNM) and the City of Santa Fe (City) for, among other things, breach of contract and violation of the Unfair Practices Act (UPA). Summit settled its claims against the City. A trial was held on the claims against PNM, which resulted in the jury's awarding damages to Summit. The trial... More...   $0 (07-15-2005 - NM)

MARALEX RESOURCES, INC. v. NORMAN L. GILBREATH, LORETTA E. GILBREATH and CAPROCK ENERGY COMPANY, INC., et al.

1}This is an action to terminate an oil and gas lease in San Juan County, New Mexico. The lessee's gas well stopped producing between December 1990 and March 1991. The lessors asserted the lease had terminated for lack of production because the lessees failed to tender shut-in royalty payments during that time and failed to resume operations within 60 days after the well stopped producing. The ... More...   $0 (08-19-2003 - NM)

In the Matter of Guardianship of Ashleigh R. and Stefanee R., Minor Children, Judith Thomas-Lott and Paul Lott v. Michelle Earles

{1} Mother appeals from a judgment appointing guardians for her two daughters. Mother argues that the trial court had no authority under the Probate Code to appoint guardians for the children when Mother retained the right to custody and objected to the appointment. Mother also argues that the trial court should have applied the parental rights doctrine and granted Mother custody of her daughters... More...   $0 (10-08-2002 - NM)

Wells Fargo Bank New Mexico, N.A. v. United States of America

This is an appeal from a ruling of the United States District Court for the District of New Mexico granting summary judgment to the personal representative of a decedent (the Estate). That judgment requires the Internal Revenue Service to refund taxes paid by the Estate as a consequence of the disallowance by the Commissioner of a gift tax deduction. The district court held the event giving impetu... More...   $1 (02-11-2003 - NM)

Wells Fargo Bank New Mexico, N.A., Personal Representative of the Estate of Mary Kate Nielsen, Deceased v. United States of America

This is an appeal from a ruling of the United States District Court for the District of New Mexico granting summary judgment to the personal representative of a decedent (the Estate). That judgment requires the Internal Revenue Service to refund taxes paid by the Estate as a consequence of the disallowance by the Commissioner of a gift tax deduction. The district court held the event giving imp... More...   $0 (02-11-2003 - NM)

State Farm Mutual Insurance Company v. Carol Ballard, et al.

1} This case involves a single vehicle accident that occurred within New Mexico. Plaintiff State Farm Insurance Company seeks a declaration in the United States District Court for the District of New Mexico that the Georgia policy it issued to Defendant Carol Ballard limits liability coverage to $50,000. This Court accepted certification from Judge Leslie C. Smith on the question of whether <... More...   $0 (09-06-2002 - NM)

Frieda Padilla v. State Farm Mutual Automobile Insurance Company

This case presents the issue of whether the public policy of New Mexico precludes the enforcement of an "escape hatch" arbitration provision found in an uninsured motorist endorsement. The district court viewed the Supreme Court's decision in Bruch v. CNA Ins. Co., 117 N.M. 211, 213, 870 P.2d 749, 751 (1994), as controlling; and, applying Bruch, upheld the provision. We find Bruch to be distinguis... More...   $0 (11-16-2001 - NM)

 
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