This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens� association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, �� ... More...    $0 (05-26-2017 - 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)

This appeal comes to us from the district court’s denial of the defendantsappellants’ motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee’s rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from... More...    $0 (11-08-2011 - NM)

Contending that he was improperly terminated, Billy Merrifield, a former Youth Services Administrator of Santa Fe County’s Youth Development Program at the County’s youth correctional facility, sued the County Board of Commissioners and several County officials (collectively, Defendants) in federal court. He brought civil-rights claims under 42 U.S.C. § 1983 alleging that he had been denied p... More...    $0 (07-25-2011 - NM)

Appearing pro se, as he did in the district court, Miloslav Muller appeals from the court’s order dismissing with prejudice his Title VII and § 1983 claims against the New Mexico Livestock Board (NMLB), and dismissing without prejudice his state law defamation claim. He also appeals the court’s order denying his motions to file first and second amended complaints. We have jurisdiction under 2... More...    $0 (02-01-2011 - NM)

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem... More...    $0 (03-16-2010 - NM)

{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune b... More...    $0 (04-09-2010 - NM)

Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district court’s judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.

I. Background

The main issue rele... More...    $0 (10-20-2009 - NM)

Plaintiff-appellant R. Greg Cory filed suit against Allstate Insurance Company and Allstate Financial Services, LLC (collectively, “Allstateâ€�) for, among other claims, breach of implied contract and defamation. The district court dismissed the implied contract claim under Fed. R. Civ. P. 12(b)(6) and entered summary judgment against him on the defamation claim. Mr. Cory appeals. We have jurisd... More...    $0 (09-09-2009 - NM)

{1} Angela V. Woodhull, Ph.D. (Plaintiff), acting pro se, appeals the trial court’s grant of summary judgment in favor of Carolyn Meinel (Defendant). The trial court ruled that the applicable New Mexico statute of limitations and 47 U.S.C. § 230 (1998), the Communications Decency Act of 1996 (CDA), both bar Plaintiff’s defamation claim. Plaintiff’s appeal presents the first opportunity... More...    $0 (01-07-2009 - NM)

{1} Plaintiffs Florian Castillo and Molly Martinez (Plaintiffs) sued the City of Las Vegas (City) for personal injury and damage caused to their home by a backup in the city sewer system. The jury awarded Plaintiffs damages for the injury to the property and awarded Mr. Castillo damages for the emotional distress that he suffered as a result of the property damage. The City appeals, raising f... More...    $0 (08-27-2008 - 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)

Two former undercover police officers for the City of Albuquerque brought suit against a local television station, KOB-TV, for broadcasting their identities and their undercover status in the context of their suspected involvement in an alleged incident of sexual assault. The officers were never charged, and about a week after the broadcasts, the city police department announced publicly that i... More...    $0 (07-19-2007 - NM)

Vince DiMarco appeals the district court's grant of summary judgment in favor of Presbyterian Healthcare Services, Inc. DiMarco brought suit against Presbyterian under 31 U.S.C. � 3730(h) of the Federal False Claims Act, alleging that Presbyterian retaliated against him for reporting its fraudulent activities. Specifically, DiMarco claimed that Presbyterian provided misleading, defamatory, an... More...    $0 (04-03-2007 - NM)

{1} This case explores the res judicata and collateral estoppel effects of the dismissal of a federal lawsuit on subsequent state court proceedings. Plaintiff originally sued her former employer, Danka Corporation, Inc., in the United States District Court for the District of New Mexico for sex discrimination in violation of Title VII, 42 U.S.C. §§ 2000e-2, 2000e-3 (2000), and in violation... More...    $0 (06-29-2006 - NM)

During his arrest by Farmington, New Mexico, police officers on December 18, 2002, Jeremy Blouin was shot in the hip when a police handgun discharged. Blouin disappeared in a swimming mishap six months after the incident and is presumed dead. Louren Oliveros, Blouin's personal representative, subsequently sued the City of Farmington and the two police officers based on the shooting. Oliveros cl... More...    $0 (05-19-2006 - NM)

{1} This case involves a dispute between two state auditors, Plaintiff Robert E. Vigil and Defendant Domingo P. Martinez. After Vigil left office as state auditor, Martinez took over and had an independent audit performed on Vigil's work at the agency by Defendant Dennis R. Kennedy, C.P.A., and his Albuquerque accounting firm, Dennis R. Kennedy, P.C. The report issued by Kennedy made sev... More...    $0 (06-01-2005 - NM)

{1}Petitioners Running Elk Corp. and Second Running Elk Corp. (Running Elk) petitioned this Court to review an opinion of the Court of Appeals, which held that a liability release signed by Respondent Nicholas Berlangieri was unenforceable. See Berlangieri v. Running Elk Corp., 2002-NMCA-060, 22, 132 N.M. 332, 48 P.3d 70, cert. granted, No. 27,492 (2002). The Court of Appeals reversed an order of... More...    $0 (08-28-2003 - NM)

Maria J. Lundvall appeals pro se from the district court's dismissal of her claims against certain of the defendants in this action under 28 U.S.C. § 1983. Ms. Lundvall alleges that her son, Paul Lundvall, was murdered by persons not parties to this action who were involved in drug-related gang activity. The various defendants to this action (collectively "the Defendants") evidently concluded, con... More...    $0 (10-21-2002 - NM)

{2} On July 28, 1993, Aken had worked for Plains for nine years. He had been selected employee of the mo... More...    $300000 (06-05-2002 - NM)

Plaintiff/Appellant Eloy Garley brought this action against Sandia Corporation (Sandia) in New Mexico State District Court on August 17, 1998 alleging six state law causes of action arising out of his employment at Sandia. Garley alleged: (1) breach of implied contract; (2) breach of the duty of good faith and fair dealing; (3) retaliation; (4) civil conspiracy; (5) defamation; and (6) intentional... More...    $0 (01-03-2001 - NM)

Plaintiff William P. Isham brought this action asserting a variety of claims under 42 U.S.C. § 1983 and state law relating to his employment at the University of New Mexico. The district court dismissed his federal claims under Fed. R. Civ. P. 12(b)(6), and it declined to exercise supplemental jurisdiction over his state law claims. Plaintiff appeals. We review the district court's decision de nov... More...    $0 (05-15-2001 - NM)