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| Gulf Ins. Co. v. Cottone, Docket No. 25,354,
COURT OF APPEALS OF NEW MEXICO, November 2, 2006, Filed
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Overview: Where an insurer settled a tort victim's suit against an insured, the insurer could not seek reimbursement from others, because the insurer was not subrogated to the victim's rights, defendants were not successive tortfeasors, and there was no connection between defendants and the allegedly dangerous activity under N.M. Stat. Ann. § 41-3A-1(C)(4).
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| Heath v. La Mariana Apts., Docket No. 24,991,
COURT OF APPEALS OF NEW MEXICO, November 2, 2006, Filed
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Overview: A finding against the mother in her tort action against her landlord after the mother's son fell from a balcony was appropriate because the Uniform Building Code lacked the requisite level of specificity to justify the submission of a negligence per se instruction to the jury.
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| Johnson v. Vigil-Giron, Docket No. 30,039,
SUPREME COURT OF NEW MEXICO, November 2, 2006, Filed
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Overview: New Mexico Secretary of State did not err in printing 2006 general election ballot; judge candidate's nomination was properly rejected when state central committee did not nominate candidate and house representative position was not vacant when the party did not enter a candidate in the primary election as required by N.M. Stat. Ann. § 1-8-8(A)(1).
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| Southwest Steel Coil, Inc. v. Redwood Fire & Cas. Ins. Co., Docket No. 25,598,
COURT OF APPEALS OF NEW MEXICO, November 2, 2006, Filed
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Overview: A trial court erroneously granted a workers' compensation insurer and an independent adjuster summary judgment in an insured's action for the insurer's failure to pay a claim because the fact that a second insurer settled the claim with a decedent's estate did not eliminate any independent damages the insured may have suffered.
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| Calkins v. Stearley, Docket No. 25,790,
COURT OF APPEALS OF NEW MEXICO, November 7, 2006, Filed
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Overview: A mayoral candidate was permitted to challenge the legality of voters in a district court without a challenge prior to or during an election under N.M. Stat. Ann. § 3-8-64; however, the district court did not have the power to determine the intent of all voters who were qualified and attempted to vote where statutory requirements were not met.
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| State v. Jimenez, Docket No. 25,056,
COURT OF APPEALS OF NEW MEXICO, November 8, 2006, Filed
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Overview: The dismissal of defendant's pending second-degree murder charge was improper because, as to the theory on which the jury found guilt, he could be retried. The jury was presented with two separate theories of murder and retrial on the one murder conviction did not violate double jeopardy under the Fifth Amendment.
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| Howell v. Marto Elec., Docket No. 26,180,
COURT OF APPEALS OF NEW MEXICO, November 9, 2006, Filed
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Overview: Where a worker was transferred to a rehabilitation hospital after an injury, the rehabilitation hospital was the initial health care provider (HCP) under N.M. Stat. Ann. § 52-1-49 because the employer had notice of the injury and failed to communicate its decision regarding selection of an HCP within a reasonable period of time.
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| State v. Vargas, Docket No. 24,880,
COURT OF APPEALS OF NEW MEXICO, November 9, 2006, Filed
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Overview: District court erred by denying defendant's motion to suppress because the officers failed to announce the fact that they had an arrest warrant, and therefore they violated defendant's rights under the Fourth Amendment and N.M. Const. art. II, § 10 by entering his apartment.
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| In re N.M. Indirect Purchasers Microsoft Corp. Antitrust Litig., Docket No. 25,789,
COURT OF APPEALS OF NEW MEXICO, November 15, 2006, Filed
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Overview: Class counsel's fee of $6.1 million in antitrust action was affirmed because district court did not abuse its discretion in choosing percentage method to calculate fee award on basis of common fund, in applying method, or in using lodestar method as crosscheck. Court also properly applied N.M. R. Ann. 16-105 to determine reasonableness of award.
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| State ex rel. Office of the State Eng'r v. Lewis, Docket No. 25,522,
COURT OF APPEALS OF NEW MEXICO, November 16, 2006, Filed
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Overview: A district court properly granted the State and various water districts summary judgment on their request to approve a settlement agreement establishing a water plan for the Pecos River as the downstream, senior water users failed to show that it violated N.M. Const. art. XVI, § 2, N.M. Stat. Ann. § 72-15-19, or N.M. Const. art. IX, § 14.
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