Phillip Trujillo and Salvador Gonzalez v. Roger Foster, et al.

Santa Fe, New Mexico environmental law lawyers represent petitioners seek and writ of mandamus.

{1} This mandamus proceeding concerns the scope of the public’s right to use public water flowing over private property. Article XVI, Section 2 of the New Mexico Constitution provides that “[t]he unappropriated water of every natural stream, perennial or torrential, within th... More...    $0 (09-09-2022 - NM)

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...    $0 (12-02-2015 - NM)

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center). ... More...    $0 (08-25-2015 - NM)

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)

This case requires us to consider state campaign finance regulations in light of the Supreme Court’s ruling in Citizens United v. FEC, 558 U.S. 310 (2010). Citizens United held that federal election law violated the First Amendment by restricting independent political spending because the speaker was a corporation—the holding allowed corporate entities to make unlimited independent expenditure... More...    $0 (12-18-2013 - NM)

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...    $0 (01-11-2012 - NM)

Plaintiff Nancy Lewis’s pro se complaint for copyright infringement charged that defendant, New Mexico newspaper Rio Grande Sun, ran a front page story she had written without crediting her authorship and published another article with an editorial change she had not approved.1 The district court referred the case to a magistrate judge who recommended that it be dismissed for lack of jurisdic... More...    $0 (09-10-2009 - NM)

Plaintiff-Appellant La Resolana Architects, PA, (“La Resolanaâ€�) brought an action against Reno, Inc., its president Lance Clay (collectively “Reno, Inc.â€�), Southwest Investment Trust, and its president Gary Plante (collectively “SWITâ€�) for copyright infringement, violation of the Lanham Act, and violation of the New Mexico Unfair Trade Practices Act (“UTPAâ€�). After a bench trial, t... More...    $0 (02-17-2009 - NM)

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district court’s denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico (“UNMâ€�). Captain Gonzales raises six challenges to the district court’s order: the district court erred when it denied summary ju... More...    $0 (12-09-2008 - 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, “Defendantsâ€�). 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)

{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)

{2} A 1996 settlement agreement resolved an action filed in 1996 (the 1996 action) by Residents against the City and Estates to resolve ... 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)

Quintina Deschenie, a former employee of Central Consolidated School District ("CCSD"), sued the CCSD Board of Education and individual members of the Board and district administration (collectively, the "Board" or "School Board") pursuant to 42 U.S.C. § 1983. In her complaint, she alleged the defendants took adverse employment actions against her in retaliation for engaging in speech protected... More...    $0 (01-25-2007 - NM)

Former Albuquerque Police Officer Sheryl Paloni sued the City of Albuquerque Police Department ("City" or "Department"), claiming various violations of Title VII, state law constructive discharge, and First Amendment retaliatory discharge. The district court determined Paloni had not demonstrated a genuine issue of material fact whether she had suffered an adverse employment action. The distric... More...    $0 (12-29-2006 - NM)

This is a trademark infringement and unfair competition suit under the Lanham Act, 15 U.S.C. §§ 1114 and 1125. The plaintiff, Team Tires Plus, Ltd., owns the federally registered "Tires Plus" trademark; the defendant, Tires Plus Inc., operates a retail tire store of the same name in Albuquerque, New Mexico. The district court dismissed the plaintiff's claims on summary judgment, and we REVERS... More...    $0 (01-06-2005 - NM)

{1} Plaintiff-Appellee Tempest Recovery Services, Inc. (Tempest) repossessed Defendant-Appellant Leonard Belone's (Belone) vehicle from his residence outside the Navajo Nation reservation boundaries on allotted Indian land in McKinley County, New Mexico. The principal question presented to this Court is whether the tribal court civil jurisdiction of the Navajo Nation extends beyond reserva... More...    $0 (06-10-2003 - 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-Appellee Tempest Recovery Services, Inc. (Tempest) repossessed Defendant-Appellant Leonard Belone's (Belone) vehicle from his residence outside the Navajo Nation reservation boundaries on allotted Indian land in McKinley County, New Mexico. The principal question presented to this Court is whether the tribal court civil jurisdiction of the Navajo Nation extends beyond reservation boun... More...    $0 (06-10-2003 - NM)

{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)