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New Mexico Case Commentaries

Substantial Compliance Doctrine in Contractor Licensing: Insights from Roth v. Thompson

Substantial Compliance Doctrine in Contractor Licensing: Insights from Roth v. Thompson

Date: Jan 24, 1992
Substantial Compliance Doctrine in Contractor Licensing: Insights from Roth v. Thompson Introduction James William Roth, operating as Bill Roth Plastering, appealed a decision from the District Court...
Establishing the Finality of Judgments with Reserved Attorney's Fees in New Mexico Jurisprudence

Establishing the Finality of Judgments with Reserved Attorney's Fees in New Mexico Jurisprudence

Date: Jan 8, 1992
Establishing the Finality of Judgments with Reserved Attorney's Fees in New Mexico Jurisprudence Introduction In the landmark case of Kelly Inn No. 102, Inc. v. Kapnison, the Supreme Court of New...
Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: New Precedents from STATE v. OROSCO

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: New Precedents from STATE v. OROSCO

Date: Jan 8, 1992
Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: New Precedents from STATE v. OROSCO Introduction State of New Mexico v. Edmundo Orosco is a landmark decision by the...
New Mexico Supreme Court Upholds Mens Rea Requirement in Felony-Murder Rule

New Mexico Supreme Court Upholds Mens Rea Requirement in Felony-Murder Rule

Date: Oct 10, 1991
New Mexico Supreme Court Upholds Mens Rea Requirement in Felony-Murder Rule Introduction In STATE of New Mexico v. Richard Michael Ortega, Defendant-Appellant (112 N.M. 554, 1991), the New Mexico...
Supreme Court of New Mexico Overrules Lynch: Illegal Search Does Not Justify Voluntary Manslaughter

Supreme Court of New Mexico Overrules Lynch: Illegal Search Does Not Justify Voluntary Manslaughter

Date: Sep 26, 1991
Supreme Court of New Mexico Overrules Lynch: Illegal Search Does Not Justify Voluntary Manslaughter Introduction In State of New Mexico v. Merrill Chamberlain, the Supreme Court of New Mexico...
C.R. Anthony Company v. Loretto Mall Partners: Establishing the Right to Reformation in Commercial Leasing Agreements

C.R. Anthony Company v. Loretto Mall Partners: Establishing the Right to Reformation in Commercial Leasing Agreements

Date: Aug 10, 1991
C.R. Anthony Company v. Loretto Mall Partners: Establishing the Right to Reformation in Commercial Leasing Agreements Introduction The case of C.R. Anthony Company v. Loretto Mall Partners (112 N.M....
Rescue Doctrine in Comparative Negligence: Establishing New Precedent in New Mexico

Rescue Doctrine in Comparative Negligence: Establishing New Precedent in New Mexico

Date: Jul 23, 1991
Rescue Doctrine in Comparative Negligence: Establishing New Precedent in New Mexico Introduction This commentary examines the Supreme Court of New Mexico's 1991 decision in Roane Govich and Daniel...
Reinforcing the "Knowing" Requirement in Unfair Trade Practices: Insights from Stevenson v. Dreyfus Corporation

Reinforcing the "Knowing" Requirement in Unfair Trade Practices: Insights from Stevenson v. Dreyfus Corporation

Date: May 21, 1991
Reinforcing the "Knowing" Requirement in Unfair Trade Practices: Insights from Stevenson v. Dreyfus Corporation Introduction Stevenson v. Dreyfus Corporation, 112 N.M. 97 (1991), adjudicated by the...
Two-Part Test for Legislative Intent in Multiple Punishment Cases: Swafford v. State of New Mexico (1991)

Two-Part Test for Legislative Intent in Multiple Punishment Cases: Swafford v. State of New Mexico (1991)

Date: May 2, 1991
Two-Part Test for Legislative Intent in Multiple Punishment Cases: Swafford v. State of New Mexico (1991) Introduction Ron Swafford v. State of New Mexico is a pivotal case decided by the Supreme...
Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: State v. Osborne

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: State v. Osborne

Date: Apr 17, 1991
Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: State v. Osborne Introduction State of New Mexico v. Donald Wayne Osborne, 111 N.M. 654 (1991), is a landmark case...
Expanding Landowner Liability Beyond Property Boundaries: Insights from Bober v. New Mexico State Fair

Expanding Landowner Liability Beyond Property Boundaries: Insights from Bober v. New Mexico State Fair

Date: Mar 29, 1991
Expanding Landowner Liability Beyond Property Boundaries: Insights from Bober v. New Mexico State Fair Introduction The case of Ingrid Bober v. New Mexico State Fair (111 N.M. 644, 1991) serves as a...
Multiplicity and Double Jeopardy in Criminal Sexual Penetration: Herron v. State of New Mexico

Multiplicity and Double Jeopardy in Criminal Sexual Penetration: Herron v. State of New Mexico

Date: Mar 7, 1991
Multiplicity and Double Jeopardy in Criminal Sexual Penetration: Herron v. State of New Mexico Introduction James Herron v. State of New Mexico, 111 N.M. 357 (1991), adjudicated by the Supreme Court...
Establishing Parameters for Quasi-Judicial Immunity of Guardians ad Litem: The Curtis Collins v. Tabet Decision

Establishing Parameters for Quasi-Judicial Immunity of Guardians ad Litem: The Curtis Collins v. Tabet Decision

Date: Feb 26, 1991
Establishing Parameters for Quasi-Judicial Immunity of Guardians ad Litem: The Curtis Collins v. Tabet Decision Introduction The case of Curtis COLLINS and Annie Collins, on Behalf of their son,...
Contractual Obligations and Scope of Relief in Intervention: An Analysis of Farmers, Inc. v. Dal Machine and Fabricating, Inc.

Contractual Obligations and Scope of Relief in Intervention: An Analysis of Farmers, Inc. v. Dal Machine and Fabricating, Inc.

Date: Nov 20, 1990
Contractual Obligations and Scope of Relief in Intervention: An Analysis of Farmers, Inc. v. Dal Machine and Fabricating, Inc. Introduction The case of Farmers, Inc., a New Mexico corporation,...
New Mexico Supreme Court Establishes 'Single Occurrence' Liability Cap and Clarifies Wrongful Death Damages under Tort Claims Act

New Mexico Supreme Court Establishes 'Single Occurrence' Liability Cap and Clarifies Wrongful Death Damages under Tort Claims Act

Date: Aug 9, 1990
New Mexico Supreme Court Establishes 'Single Occurrence' Liability Cap and Clarifies Wrongful Death Damages under Tort Claims Act Introduction The case of Dorothy M. Folz v. State of New Mexico...
Enhancement of Consumer Protection: Hale v. Basin Motor Company

Enhancement of Consumer Protection: Hale v. Basin Motor Company

Date: Jul 31, 1990
Enhancement of Consumer Protection: Hale v. Basin Motor Company Introduction The case of Gregory L. Hale and Donna M. Hale v. Basin Motor Company, decided by the Supreme Court of New Mexico on July...
Court Holds Landlords Liable for Unsafe Common Areas: Fred M. Calkins, Jr. v. Cox Estates

Court Holds Landlords Liable for Unsafe Common Areas: Fred M. Calkins, Jr. v. Cox Estates

Date: May 3, 1990
Court Holds Landlords Liable for Unsafe Common Areas: Fred M. Calkins, Jr. v. Cox Estates Introduction In the landmark case, Fred M. Calkins, Jr., Personal Representative of the Estate of Daniel...
Al v. N Smith: Establishing Enhanced Protections Against Age and Race Discrimination in Employment

Al v. N Smith: Establishing Enhanced Protections Against Age and Race Discrimination in Employment

Date: Feb 16, 1990
Al v. N Smith: Establishing Enhanced Protections Against Age and Race Discrimination in Employment Introduction The Alvin Smith v. FDC Corporation case, adjudicated by the Supreme Court of New Mexico...
New Mexico Supreme Court Recognizes Prima Facie Tort: Establishing a Balancing Approach for Intentional Independent Liability

New Mexico Supreme Court Recognizes Prima Facie Tort: Establishing a Balancing Approach for Intentional Independent Liability

Date: Jan 11, 1990
New Mexico Supreme Court Recognizes Prima Facie Tort: Establishing a Balancing Approach for Intentional Independent Liability Introduction In the landmark case of Roger SCHMITZ, Plaintiff v. Leo R....
Establishing Agency Authority and Punitive Damages in Contract Breach: ROMERO v. MERVYN'S

Establishing Agency Authority and Punitive Damages in Contract Breach: ROMERO v. MERVYN'S

Date: Dec 20, 1989
Establishing Agency Authority and Punitive Damages in Contract Breach: ROMERO v. MERVYN'S 1. Introduction The case of Lucy ROMERO v. MERVYN'S and Dennis Wolf (109 N.M. 249) adjudicated by the Supreme...
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