United States of America v. Malachi Alan Crockett

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution ... More...    $0 (06-17-2014 - NM)

02/05/2014 STIPULATION
Stipulation Regarding Plaintiffs' Claims for Economic Damages, Loss of Business Income, Loss of Personal Income, Loss of Future Business Income, and Loss of Future Personal Income from Loss of Plaintiffs Former Clients Walton, Budd, Sam, and Dazzo
01/29/2014 DISCOVERY P 1
01/29/2014 RESPONSE P 1
Plaintiff's Response to Affi... More...    $0 (01-15-2014 - NM)

06/18/2012 CLS: DISMISSAL WITH PREJUDICE P 1
Notice of Stipulated Dismissal with Prejudice
03/09/2012 CERTIFICATE OF SERVICE P 1
Certificate of Service (Plaintiff's First Set of Interrogatories, Request for Production & Request for Admissions to Defendant)
02/24/2012 NTC: OF HEARING
Notice of Hearing on Plaintiff's Motion for default judg... More...    $0 (05-10-2012 - NM)

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHSâ€�), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in... More...    $0 (10-10-2012 - NM)

Azhar Said and Bina Shahani had an unconventional, and short, marriage. The case before us is one of the repercussions of its demise. Mr. Said was the sole officer and shareholder of Abbasid, Inc., a Texas corporation, which opened Azhar’s Oriental Rugs in Santa Fe in August 2004. Shortly thereafter Ms. Shahani moved to Santa Fe, and she married Mr. Said in December. During the marriage Mr. Said... More...    $0 (01-24-2012 - NM)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...    $0 (04-22-2011 - NM)

This appeal is from a district court award of attorneys’ fees under 28 U.S.C. § 1927. Discerning no abuse of discretion in that award, we affirm.

René Ostrochovsky, a lawyer, represented minority shareholders of Mineral Energy and Technology Corporation (“METCOâ€�) in a Racketeer Influenced and Corrupt Organizations Act (“RICOâ€�) suit against the company’s directors and attorneys... More...    $0 (11-23-2010 - NM)

{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)

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying upâ€� Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp... More...    $0 (10-15-2009 - NM)

Gilbert Sanchez, the personal representative of the estate of Mike Sanchez, appeals the district court’s order dismissing this action for lack of jurisdiction. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

The original plaintiff in this case, Mike Sanchez, was a World War II veteran and New Mexico resident. In approximately March of 2006, following the death... More...    $0 (01-09-2009 - NM)

{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)

II.... More...    $0 (12-07-2007 - NM)

{1} In DeVaney v. Thriftway Marketing Corporation, 1998-NMSC-001, 124 N.M. 512, 953 P.2d 277, we merged the torts of abuse of process and malicious prosecution to create the new tort of malicious abuse of process and allowed defendants to assert malicious abuse of process claims as counterclaims in the underlying proceedings. In the matter before us, Defendant Alisa LeDoux ("LeDoux") broug... More...    $0 (08-10-2007 - NM)

{1} In this case, it is undisputed that employees of Fleetwood Mobile Homes committed fraud during the sale of a mobile home to Roddie Chavarria and Norma Castaneda (Plaintiffs). It is also undisputed on appeal that Fleetwood failed to deliver the customized mobile home it promised and set up the home it did deliver in an unworkmanlike manner. The district court judge, sitting without a ju... More...    $17900 (09-06-2006 - NM)

{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)

The petition argues that our opinion conflicts with more recent Tenth Circuit decisions on the scope of issue preclusion, relying on the well-established rule cited in Turney v. O'Toole, 898 F.2d 1470, 1472 n.1 (10th Cir. 1990), that is... More...    $0 (12-18-2000 - NM)

Neighbors for Rational Development, Inc. ("Neighbors"), appeals a district court order upholding a decision made by the Secretary of the United States Department of Interior ("Secretary") to acquire certain property in trust for the nineteen Indian Pueblos of New Mexico. After reviewing the record and the parties' arguments, we conclude that to the extent Neighbors requested relief would divest... More...    $0 (08-05-2004 - NM)

{1} Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a c... More...    $0 (12-23-2002 - NM)

The Cities of Albuquerque and Santa Fe and the Counties of Bernalillo and Santa Fe, among others, (collectively, the Local Governments) appeal the approval of a tariff by the New Mexico Public Regulation Commission (PRC) that allows Public Service Company of New Mexico (PNM) to recover costs incurred in complying with any local ordinance to place utility systems underground, including placing new ... More...    $0 (09-30-2003 - NM)

Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a counterclaim al... More...    $0 (12-23-2002 - NM)

Defendants, all members of the Board of Commissioners of the County of Rio Arriba, New Mexico (hereinafter "the County") appeal from a decision of the district court holding that the Rio Arriba County Timber Harvest Ordinance is invalid because it is preempted by the New Mexico Forest Conservation Act, N.M.S.A. 1978 §§ 68-2-1 et seq., and also holding that the ordinance's provisions for requiring ... More...    $0 (08-21-2002 - NM)

{1} This case requires us to decide whether NMSA 1978, § 55-3-406 (1992) creates a statutory cause of action against a depositary bank for allegedly failing to exercise ordinary care in taking for collection numerous checks bearing a forged drawer's signature. We hold that Section 55-3-406 does not create a statutory negligence action against a depositary bank for alleged negligence in taking c... More...    $0 (06-10-2002 - NM)

The question before us is whether the use of the criminal process to assist in the collection of money mistakenly deposited into the wrong account gives rise to civil liability under the tort of malicious abuse of process. See DeVaney v. Thriftway Mktg. Corp., 1998-NMSC-001, 17, 124 N.M. 512, 953 P.2d 277 (defining the elements of malicious abuse of process). In addition, we address whether NMSA ... More...    $200000 (11-16-2001 - NM)

{1} This is a case involving error by a court clerk, neglect by a courier service, the result that a complaint was not file-stamped prior to the expiration of the statute of limitations, and a trial court's practical ruling permitting the case to proceed, which we affirm notwithstanding Defendant's several technical, procedural arguments. Defendant appeals from a judgment, finding it liable fo... More...    $700000 (09-06-2001 - NM)

At the underlying trial in this case, the jury awarded plaintiff Ag Services o... More...    $12591 (12-05-2001 - NM)

Dispute over the ownership rights to a deposit of scoria on Red Hill, a parcel of property located in Rio Arriba County, New Mexico. Plaintiffs own a surface estate in Red Hill as successors in interest of United States patents issued under the Stock Raising Homestead Act of 1916, 43 U.S.C. § 299 (SRHA), which reserve "coal and other minerals" and access to the reserved minerals to the United Stat... More...    $0 (06-14-2001 - NM)

Complaint for declaratory judgment on contract, violation of Unfair Practices Act, Violation of the Uniform Commercial Code and Conversion and Fraud Claims with counterclaim for breach of contract and malicious abuse of process.... More...    $70200 (10-20-2000 - NM)