NMSC Clarifies Framework for Substantive Unconscionability

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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

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NMSC: No Workers Compensation for Workers Injured at Isleta Casino

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

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

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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

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

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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

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NMSC Examines Technical Violations of Probation

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The New Mexico Supreme Court released an opinion earlier this week in State v. Aslin. The opinion clarifies Rule 5-805, which allows districts to set local rules establishing technical violation

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

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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

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NMSC Applies Notice Pleading Standard to the Medical Malpractice Act

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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.

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NMSC: A Business Cannot Sue for Unfair Competition Under the Unfair Practices Act

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The Unfair Practices Act is one of the most useful laws in New Mexico for consumers. But it protects consumers, not businesses: businesses cannot sue each other for

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State v. Sloan: NMSC Affirms Felony Murder Conviction

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State v. Sloan is a direct appeal of a felony murder conviction. The defendant and two other people broke into the victim’s house to obtain money or drugs. During the

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New Mexico Supreme Court Reverses Grant of Habeas Petition in Resident Child Molestation Case

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In State v. Lente, filed last week, the New Mexico Supreme Court reversed a district court order granting habeas relief to a defendant convicted of criminal sexual penetration and contact

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