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Rivera v. American General Financial Services, Inc.
New Mexico Supreme Court · 2011-07-27 · cited 144×
In Rivera v. American General Financial Services, Inc., the plaintiff obtained a car title loan from the defendant lender and later disputed the enforceability of arbitration provisions in the contract that required disputes to be resolved by the National Arbitration Forum (NAF) under its rules. The New Mexico Supreme Court reversed the district court and Court of Appeals decisions that had compelled arbitration. The court held the arbitration provisions unenforceable in their entirety because the NAF's involvement was an integral part of the parties' agreement and the NAF was unavailable, and because certain one-sided terms in the provisions were substantively unconscionable and could not be severed without rewriting the contract.
procedurebusiness & regulatory
Concha v. Sanchez
New Mexico Supreme Court · 2011-07-19 · cited 28×
This case involved a district judge who, after a contentious sentencing hearing in a criminal sexual contact case, summarily held 32 courtroom spectators in criminal contempt and ordered their indefinite detention following a brief disruption involving shouting from some attendees. The New Mexico Supreme Court exercised its original jurisdiction to review the detentions and vacated all contempt convictions while ordering the petitioners' immediate release. The Court reasoned that although judges have authority to maintain courtroom order, the exercise of summary contempt power requires individualized findings of willful misconduct and basic due process protections, which were absent here as the judge failed to identify specific violators, provide notice or hearings, or limit sanctions to those directly responsible. The ruling emphasized that constitutional due process obligations cannot be sacrificed even in response to courtroom disturbances.
criminal lawcivil rightsprocedure
San Juan Agricultural Water Users Ass'n v. KNME-TV
New Mexico Supreme Court · 2011-03-08 · cited 64×
This case concerned enforcement actions under New Mexico's Inspection of Public Records Act (IPRA), specifically whether a client could sue to compel production of records after its law firm submitted IPRA requests without disclosing the agency relationship, and whether additional plaintiffs who had not made any requests had standing to join the suit. The district court dismissed the claims, holding that the client lacked standing because the requests did not name it and that the other plaintiffs had no cause of action. The Supreme Court reversed in part, ruling that an undisclosed principal may enforce a request made through an agent and that either the agent or principal has standing under IPRA Section 14-2-12(A)(2) if the request is denied, but affirmed dismissal of the claims by the non-requesting plaintiffs because they suffered no cognizable injury. The Court reasoned from the text of IPRA, principles of agency law allowing undisclosed principals, and standing requirements that injury arises only from denial of one's own request.
procedurecivil rights
Oldham v. Oldham
New Mexico Supreme Court · 2011-02-04 · cited 22×
This case addresses the process for defining and distributing a decedent's estate when one spouse dies during pending divorce proceedings, requiring interpretation of potentially conflicting provisions in New Mexico's domestic relations, probate, and trust statutes. The Supreme Court held that entry of a marital property judgment under Section 40-4-20(B) does not statutorily revoke the decedent's will or trust, and that a personal representative without a conflict of interest must be appointed to represent the estate in continuing the domestic relations proceedings. The court reasoned that the statutes must be harmonized to allow the domestic relations court to determine marital property rights, support, and related issues as if both parties had survived, after which the estate is distributed according to the governing probate statutes and the decedent's estate plan.
family lawpropertyprocedure
In Re Esther
New Mexico Supreme Court · 2011-01-21 · cited 40×
This case concerned the application of the Indian Child Welfare Act (ICWA) in a New Mexico state court proceeding where the Children, Youth and Families Department sought custody of an Indian child based on allegations of abuse and neglect against the mother. The district court adjudicated the child neglected and transferred custody without making the specific factual findings required by ICWA sections 1912(d) and (e) regarding active remedial efforts to prevent family breakup and the likelihood of serious harm from continued parental custody. The New Mexico Supreme Court held that in contested adjudications subject to ICWA, those findings must be made at the adjudication stage based on evidence or supported admissions, reversed the neglect adjudication due to their absence, and remanded for a new adjudicatory hearing rather than dismissing the petition.
family lawcivil rightsfederal power
Jordan v. Allstate Insurance
New Mexico Supreme Court · 2010-10-18 · cited 81×
This case consolidated three disputes in which auto insurance policyholders had selected UM/UIM coverage limits lower than their policies' liability limits. The New Mexico Supreme Court addressed whether those selections constituted valid rejections under NMSA 1978, Section 66-5-301 and 13.12.3.9 NMAC. The Court held that any rejection of UM/UIM coverage equal to liability limits must be in writing, incorporated into the delivered policy, and accompanied by premium information for each available coverage option so the insured can make an informed choice. Because the insurers failed to meet these requirements, the Court affirmed the Court of Appeals and ordered reformation of the policies to provide UM/UIM coverage at the liability limits.
business & regulatorytorts & liability