 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Labor & Indus. Div. v. Echostar Commun. Corp., Docket No. 25,777,
COURT OF APPEALS OF NEW MEXICO, February 28, 2006, Filed
View this case - free |
|||||
Overview: The employer erred in calculating overtime based on a fluctuating workweek, pursuant to which an employee earned diminishing hourly overtime wages as the number of overtime hours increased, which was inconsistent with N.M. Stat. Ann. § 50-4-22(C); the calculation of the employee's wages based on a forty-hour week was proper.
|
|||||
| Medina v. Medina, Docket No. 25,584,
COURT OF APPEALS OF NEW MEXICO, February 28, 2006, Filed
View this case - free |
|||||
Overview: Wife did not automatically forfeit her community property rights to a share of her husband's retirement benefits upon the commission of bigamy, and the case was remanded to the trial court to make findings regarding the parties' conduct after the wife's marriage to another man and the husband's knowledge of the marriage.
|
|||||
| State v. Degraff, Docket No. 28,306,
SUPREME COURT OF NEW MEXICO, February 28, 2006, Filed
View this case - free |
|||||
Overview: Prosecutor's comments on defendant's silence, Fifth Amendment, although erroneous, did not rise to the level of fundamental error in light of the evidence of forcible entry into the victim's house, an extended struggle within the house, defendant's flight, and his attempt to hide evidence of the attack.
|
|||||
| McMinn v. MBF Operating, Inc., Docket No. 25,006,
COURT OF APPEALS OF NEW MEXICO, March 1, 2006, Filed
View this case - free |
|||||
Overview: Judgment entered for dissenting minority shareholder who challenged a merger was reversed because shareholder failed to avail himself of the exclusive appraisal remedy in N.M. Stat. Ann. §§ 53-15-3 to 53-15-4 or to establish fraud or illegality by directors or corporation sufficient to fall within the exception to the exclusive appraisal remedy.
|
|||||
| State Farm Mut. Auto. Ins. Co. v. Jones, Docket No. 25,507,
COURT OF APPEALS OF NEW MEXICO, March 8, 2006, Filed
View this case - free |
|||||
Overview: Where passenger was injured by third-party tortfeasor, who was entirely at fault, and damages exceeded amount of underinsured motorist benefits coverage from both primary Class II insurer and secondary Class I insurer, primary insurer, who was required to pay first, was entitled to statutory liability offset.
|
|||||
| Chevron U.S.A., Inc. v. State ex rel. Dep't of Taxation & Revenue, Docket No. 24,518,
COURT OF APPEALS OF NEW MEXICO, March 9, 2006, Filed
View this case - free |
|||||
Overview: Gas severance tax deficiency was properly assessed where N.M. Stat. Ann. § 7-29-4.2 did not mandate how processing costs were to be calculated and where corresponding regulations were valid; taxpayer failed to show that processing agreements were arms' length and to rebut presumption that, as part owner of plants, it was affiliated with operators.
|
|||||
| Herrington v. State ex rel. Office of the State Eng'r, Docket No. 28,628,
SUPREME COURT OF NEW MEXICO, March 9, 2006, Filed
View this case - free |
|||||
Overview: Trial court's findings conflicted as to whether the applicants' supplemental well, at the proposed depth and location, would draw from the same source as their original surface rights that had been diminished by junior groundwater wells as permitted under the Templeton doctrine; therefore the case was remanded for a clarification of the findings.
|
|||||
| State v. Rubio, Docket No. 25,310,
COURT OF APPEALS OF NEW MEXICO, March 13, 2006, Filed
View this case - free |
|||||
Overview: Officer's asking defendant passenger, the owner of the vehicle, for identification, registration, and insurance, and pursuing a computer warrants check was constitutionally permissible, Fourth Amendment, because defendant was responsible for assuring that the vehicle was properly registered and insured, and for giving permission to the driver.
|
|||||
| Aguilera v. Bd. of Educ., Docket No. 29,190,
SUPREME COURT OF NEW MEXICO, March 14, 2006, Filed
View this case - free |
|||||
Overview: School board failed to prove "just cause" under N.M. Stat. Ann. § 22-10A-2(F) for its termination of an arts teacher due to a reduction in force (RIF) because neither board or arbitrator considered the Swisher standard to prove that there was no other position for which the teacher was qualified consistent with academic necessities of the district.
|
|||||
| State v. Lobato, Docket No. 24,910,
COURT OF APPEALS OF NEW MEXICO, March 15, 2006, Filed
View this case - free |
|||||
Overview: In a criminal sexual penetration of a minor case, State proved voluntariness of defendant's confession by a preponderance of the evidence and trial court did not err in admitting it as 1) his fatigue did not contribute to a finding of involuntariness of his confession; and 2) officer did not imply that he would get treatment instead of prison time.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
