Blog Archives – Ferrance Law, P.C.

NMSC: To Claim Duress, Defendants Must Admit Committing the Crime

April 27, 2020 dave 0 Comments

The New Mexico Supreme Court issues its fifth published opinion of the year late last week, State v. Ortiz. In a short opinion, Justice Nakamura reiterates the established rule that

Read Full

NMSC Clarifies Framework for Substantive Unconscionability

April 10, 2020 dave 0 Comments

Earlier this week the New Mexico Supreme Court published its fourth precedential opinion this year, Peavy v. Skilled Healthcare Group, Inc. Justice Bacon, writing for a unanimous Court, clarified the

Read Full

NMSC: No Workers Compensation for Workers Injured at Isleta Casino

January 22, 2020 dave 0 Comments

The Court holds that workers injured at Isleta Casino whose claims are denied have no venue in which to pursue a claim.

Read Full

New Mexico Contract Law – Formation of Contracts

January 15, 2020 dave 0 Comments

As I mentioned in a recent post, I’ve undertaken the somewhat ridiculous task of compiling a resource comparing New Mexico contract law to the Restatement (Second) of Contracts. Since I’m

Read Full

NMSC: Officer’s Training and Experience Can Be the Difference Between Reasonable Suspicion and a “Hunch”

January 8, 2020 dave 0 Comments

The New Mexico Supreme Court filed its first case of 2020 last week: State v. Martinez, a 5-0 opinion written by Justice Nakamura. The opinion sets out to clarify the

Read Full

NMSC: Legislature Cannot Extend Terms Beyond What Is Allowed by Constitution

December 31, 2019 dave 0 Comments

The New Mexico Supreme Court released two opinions last week: In re Padilla, and State ex rel. Sugg v. Tolouse Oliver. I’ve previously blogged about Padilla. In this post, I

Read Full

New Mexico Contract Law

December 23, 2019 dave 0 Comments

It’s not quite the new year yet, but I’ve already made a resolution to embark on a new writing project. And, in a change of pace, I’m going to be

Read Full

NMSC Indefinitely Suspends Attorney for Failing to Provide Competent and Diligent Representation

December 20, 2019 dave 0 Comments

The New Mexico Supreme Court released an opinion yesterday in In re Padilla, a disciplinary board matter. In New Mexico, attorneys are governed by the Rules of Professional Conduct. Two

Read Full

NMSC: Independent Medical Examiner Required to Determine Cause of Death in Workers Compensation Claims

December 6, 2019 dave 0 Comments

Just before the Thanksgiving holiday the New Mexico Supreme Court released an opinion in a worker’s compensation case, Lewis v. Albuquerque Public Schools. I try to blog about these cases

Read Full

NMSC Applies Notice Pleading Standard to the Medical Malpractice Act

December 6, 2019 dave 0 Comments

The New Mexico Supreme Court published an opinion this week applying New Mexico’s liberal notice pleading standard to applications to the Medical Review Commission (“MRC”) under the Medical Malpractice Act.

Read Full