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New Mexico Employee Leasing Case Law

Please find, below, selected case laws decided by Supreme Court of New Mexico or Court of Appeals of New Mexico where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Murken v. Solv-Ex Corp. - 10/25/2005
A securities fraud class action was filed against Solv-Ex Corporation (Solv-Ex), two of its executives (John S. Rendall and W. Jack Butler), and Deutsche Morgan Grenfell, Inc. (DMG) on October 29, 1996, after the value of Solv-Ex...

Salazar v. Torres - 9/12/2005
{1} Phillip Salazar (Worker) appeals from an order of the district court granting the motion for summary judgment of Defendants Richard Torres and Richard L. Torres Concrete Company (together, Employer). The question presented on...

Breen v. Carlsbad Municipal Schools - 8/15/2005
Christy Ann Breen and Dahlia Carrasco ("Petitioners") suffered temporary total primary mental impairments compensable under the New Mexico Workers' Compensation Act ("the Act"). They appeal a Workers' Compensation Judge's ("WCJ")...

Blea v. Fields - 8/15/2005
In this medical negligence case we are asked to clarify the state of the law in New Mexico regarding a party's entitlement to a jury trial in a case that involves both legal and equitable claims. The following question was...

Medina v. Hunemuller Construction - 8/11/2005
The principal issue presented by this case is whether an employer who mistakenly notifies the Workers' Compensation Administration (WCA) of its acceptance of a mediator's recommended resolution may obtain relief from the binding...

Piano v. Premier Distributing Co. - 12/20/2004
Defendant appeals from a district court order denying its Motion to Compel Arbitration or, in the Alternative, to Dismiss arguing that an Employee Acknowledgment and Agreement (Arbitration Agreement) signed by Plaintiff requires...

Sanchez v. Santa Ana Golf Club - 11/22/2004
Plaintiff sued Defendant, the Santa Ana Golf Club, Inc., a corporation wholly owned by Santa Ana Pueblo, for wrongful discharge and defamation. Defendant filed a motion to dismiss, arguing that the district court lacked subject...

Horanburg v. Felter - 8/31/2004
At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court...

Kirby v. Tad Resources International - 6/16/2004
Plaintiff was denied long-term disability benefits under her employer's group insurance policy. The gut issue is whether, under ERISA, she can seek judgment against the ERISA plan itself as an entity when the disability insurer in...

Morales v. Reynolds - 6/10/2004
The two cases on appeal here present an opportunity to examine the standard announced in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, which expanded the set of circumstances under which a worker...

Celaya v. Hall - 1/29/2004
Lin Hall ("Defendant") appeals from an opinion of the Court of Appeals reversing a grant of summary judgment entered in his favor. The Court of Appeals found genuine issues of material fact concerning two issues arising under the...

Gormley v. Coca-Cola Enterprises - 12/16/2003
Don Gormley (Plaintiff) appeals the district court's grant of summary judgment on his claims of breach of implied employment contract, constructive discharge, age discrimination, and disability discrimination. We reverse in part...

Jouett v. Tom Growney Equipment Company - 12/16/2003
In this worker's compensation case, James Jouett (Worker) suffered an accidental injury to his shoulder. He received medical treatment and continued working, but with pain to the injured shoulder. Worker was then employed by...

Heye v. American Golf Corporation - 9/30/2003
This case requires us to determine the validity of an arbitration agreement that binds only the employee to arbitration and that was signed by the employee after she was hired. Because we hold that the agreement to arbitrate is...

Banks v. Carlsbad - 9/9/2003
IMC Kalium Carlsbad Potash Company and Crawford & Company ("Employer") appeal from an opinion of the Court of Appeals, see Banks v. IMC Kalium Carlsbad Potash Co., 2003-NMCA-016, 6, 133 N.M.199, 62 P.3d 290, in which that...

Katcher v. Johnson Controls World Services - 6/24/2003
Joseph Katcher (Katcher) appeals from a summary judgment granted to Johnson Controls World Services, Inc., (Johnson Controls) on the grounds that Katcher does not have a "disability" under the Americans with Disabilities Act (ADA),...

Lujan v. city of Albuquerque - 6/19/2003
Plaintiffs John Lujan and Aaron Romero appeal from an unfavorable summary judgment of dismissal entered under the rationale that, under Rule 1-007.1(D) NMRA 2003, Plaintiffs' failure to respond to Defendants' motions for summary...

Smith v. Arizona Public Service Co. - 6/17/2003
Arizona Public Service Company (Employer) appeals from the Workers' Compensation Administration's award of workers' compensation benefits to Henry Smith (Worker) for an injury sustained to his ears in a work-related accident....

Barreras v. State of New Mexico Corrections Department - 12/9/2002
The opinion filed on September 5, 2002, in this case is withdrawn and the following substituted therefor. In this appeal we decide whether a state employee, discharged from employment in violation of the State Personnel...

Hagebak v. Stone - 12/9/2002
This appeal involves two overlapping claims in tort: defamation and prima facie tort. In granting summary judgment against Robert Hagebak on his defamation claim, the district court held, as a matter of first impression in New...

Bovee v. State Highway and Transportation Dep't. - 11/14/2002
Plaintiff Barbara Bovee appeals the district court's judgment in favor of the defendants in this Title VII action. Plaintiff sued the New Mexico State Highway and Transportation Department (the Department) and the other defendants...

Bovee v. State of New Mexico Highway and Transportation Department - 11/14/2002
Plaintiff Barbara Bovee appeals the district court's judgment in favor of the defendants in this Title VII action. Plaintiff sued the New Mexico State Highway and Transportation Department (the Department) and the other defendants...

Banks v. IMC Kalium Carlsbad Potash Co. - 9/6/2002
The opinion filed in this case on May 9, 2002 is hereby withdrawn and the following substituted therefor. The motion for rehearing is denied. This case presents an issue of first impression concerning the standard of...

Hise v. City of Albuquerque - 9/5/2002
This case requires us to decide whether the fee shifting provision of NMSA 1978, § 52-1-54(F)(4) (1987, as amended through 1993), applies to a stipulated compensation order pursuant to which a worker recovers benefits in excess of...

Anthony Water & Sanitation District v. Turney - 6/13/2002
Anthony Water & Sanitation District (AWSD) appeals the district court's dismissal of its appeal from a decision of the New Mexico State Engineer (State Engineer). The district court dismissed the appeal, finding that it lacked...

Martinez v. Northern Rio Arriba Electric Cooperative - 6/12/2002
Verna Martinez, a retired Northern Rio Arriba Electric Cooperative, Inc. (NORA) employee, brought suit against her former employer, arguing that she was not adequately compensated for unused sick leave upon her retirement. NORA...

Aken v. Plains Electric Generation & Transmission Cooperative - 6/4/2002
In this punitive damages case, we are asked to assess jury awards in favor of Jim Aken and against Plains Electric on Aken's claims for retaliatory discharge and defamation. We conduct an analysis on procedural and substantive...

Collado v. City of Albuquerque - 3/13/2002
The City of Albuquerque appeals from a judgment against it ordering that Plaintiff, a Lieutenant in the Albuquerque Fire Department, be promoted to the rank of Captain and receive retroactive back pay and other benefits. The City...

Kerschion v. Public Service Company of New Mexico - 3/4/2002
Public Service Company of New Mexico (PNM) appeals from the trial court's $31,000 judgment in Appellee Richard Kerschion's favor. Kerschion claimed that PNM, by its representatives, negligently misrepresented the terms of a...

San Juan 1990-A - 2/19/2002
This matter comes before the Court on the motion of the Defendants-Appellees, El Paso Production Company, Meridian Oil, Inc., and John Doe, to dismiss this appeal because the notice of appeal was filed late. We agree that the...

Leach v. New Mexico Junior College - 2/19/2002
In this civil rights action claiming retaliatory termination from employment for exercising First Amendment rights, Defendants, the New Mexico Junior College (NMJC), its Board, and several of its officials, appeal from two orders...

Quintana v. Eddins - 12/12/2001
In this appeal, we consider whether a parent is underemployed for the purpose of imputing income in determining child support when the parent is working full time in his area of expertise, but is earning less than he had made...

Seitzinger v. Trans-Lux Corp. - 11/30/2001
This is a retaliatory discharge case. Plaintiff Stacy Seitzinger (Seitzinger) alleged in her complaint that she had been terminated because she reported to her employer allegations of sexual harassment of minor female employees by...

Silva v. American Federation of State - 11/26/2001
In this case, we accepted certification of several questions relating to the tort of retaliatory discharge from the United States Court of Appeals for the Tenth Circuit. See Silva v. Am. Fed'n of State, County, and Mun. Employees,...

Baca v. Complete Drywall Company - 11/8/2001
In this appeal we address an issue of first impression: how long a worker can receive compensation benefits when one on-the-job injury gives rise to both (1) a disability resulting from an injury to a scheduled member pursuant to...

Mealand v. Eastern New Mexico Medical Center - 8/29/2001
The opinion heretofore filed in this case is withdrawn and the following substituted therefor. The motion for rehearing (reconsideration) is denied. This case arises out of a hospital's discharge of a registered nurse. The...

Public Service Company of New Mexico v. Diamond D Construction Company - 8/22/2001
In this appeal we must decide whether the inclusion of an at-will termination clause in a contract relieves the parties of their duty, under the same contract, to use their best efforts to resolve disputes quickly and amicably. In...

Public Service Co. of New Mexico v. Diamond D Construction Co. - 8/22/2001
In this appeal we must decide whether the inclusion of an at-will termination clause in a contract relieves the parties of their duty, under the same contract, to use their best efforts to resolve disputes quickly and amicably. In...

Moriarty Municipal Schools v. New Mexico Public Schools Insurance Authority - 8/21/2001
Moriarty Municipal Schools (Moriarty) appeals the dismissal of its complaint against New Mexico Public Schools Insurance Authority (the Authority). The complaint alleged that the Authority breached a contract by failing to fully...

Derringer v. Turney - 8/13/2001
After the state engineer entered an adverse decision on his application for a permit to acquire water rights, Appellant David Derringer appealed to the district court. The Seventh Judicial District Court dismissed his appeal on the...

Grubelnik v. Four-Four - 6/22/2001
Worker appeals from an adverse summary judgment awarding him reduced temporary total disability benefits pending maximum medical improvement status. The reduction was based on wages Worker received while working for an employer who...

State v. Singleton - 6/5/2001
Defendant was convicted of breaking and entering and false imprisonment. On appeal, Defendant contends that there was insufficient evidence presented at trial to support his convictions. Defendant also claims that the trial court...

Ramirez v. IBP Prepared Foods - 3/20/2001
Concepcion Ramirez (Worker) appeals a compensation order denying her coverage for knee replacement surgery. She also appeals an order on a request for discovery that was entered after the compensation order. The two appeals are...

Ettenson v. Burke - 12/7/2000
A fired corporate officer sued both his employer and his chief executive officer, who was the controlling shareholder of the corporation and his immediate supervisor, for damages arising from his termination. The lawsuit alleges a...

Chavez v. S.E.D. Laboratories - 11/20/2000
S.E.D. Laboratories (SED) and United States Fidelity & Guaranty Company (USF&G; (jointly, SED/USF&G; appeal from an opinion of the Court of Appeals holding that an employer's right of reimbursement is equal to the...

Gonzales v. New Mexico Department Of Health - 9/27/2000
After a four-day trial, a jury found that Defendant Las Vegas Medical Center (LVMC) had retaliated against Plaintiff Ana Gonzales (Gonzales) after she pursued a discrimination claim under the New Mexico Human Rights Act, NMSA 1978,...

Cooper v. Amerada Hess Corp. - 9/15/2000
This case requires us to decide where venue lies in a common-law environmental action involving multiple defendants. The trial court, believing that the action involved an interest in land located in Lea County, ruled that venue...

Reed v. Furr's Supermarkets - 8/22/2000
Plaintiff Arlene Reed appeals the district court's order dismissing her lawsuit against Furr's Supermarkets, Inc. (FSI), with prejudice. The district court dismissed Plaintiff's lawsuit as a sanction for discovery violations. FSI...

Martinez v. New Mexico State Engineer Office - 6/29/2000
This appeal raises the issue whether the New Mexico State Personnel Board is to adjudicate statutory disability discrimination claims in administrative just cause termination proceedings. The terminated employee in this case had a...

Fogleman v. Duke City Automotive Services - 5/2/2000
This case presents an issue of first impression: whether a wheelchair-accessible van is an "artificial member" within the meaning of our workers' compensation statutes. In the present case, the workers' compensation judge (WCJ)...

Garcia v. General Electric - 9/15/1999
{1} Ernest Garcia (Worker) suffered a hip injury in a work-related accident for which General Electric (Employer) paid medical costs and disability payments. Worker recovered damages against a third-party tortfeasor after a jury...

The New Mexico State Highway and Transportation Department v. Gulf Insurance Co. - 8/9/1999
{1} Having considered Gulf Insurance Company's motion for rehearing of our opinion filed June 24, 1999, we deny such motion. In doing so, we withdraw our original opinion and substitute the following. {2} This case requires us...

New Mexico Regulation & Licensing Department v. Lujan - 3/17/1999
{1} This case involves an administrative appeal by the New Mexico Regulation and Licensing Department (the Department) and a cross-appeal by Bernie Lujan (Employee). The Department appeals from orders of the district court and the...

Teague-Strebeck Motors Inc. v. Chrysler Insurance Co. - 3/8/1999
{1} This is another in a seemingly endless stream of cases in which an insurance agent has promised more coverage than is provided in the policy. The insurance at issue in this case was for an automobile dealership about to be...

Coates v. Wal-Mart Stores Inc. - 2/22/1999
{1} Wal-Mart Stores, Inc. (Wal-Mart) appeals the district court's judgment in favor of former employees, Appellees Cathy Jean Coates (Coates) and Madeline Duran (Duran). On cross-appeal, Coates and Duran appeal the court's denial of...

In re Righter - 2/17/1999
{1} This matter came before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, Rules 17-101 through 17-316 NMRA, wherein Michael A. Righter was found to have committed multiple...

West v. Home Care Resources - 2/5/1999
{1} Home Care Resources and its Insurer, United States Fidelity and Guarantee (USF&G; (collectively Respondents), appeal from the compensation order of the Workers' Compensation Judge (WCJ) determining that Janet West (Worker) is...

Key v. Chrysler Motors Corporation - 12/29/1998
{1} This appeal and cross appeal come at the end of protracted litigation that has already found its way to this Court and the Supreme Court once before. At issue now is the district court's order awarding costs. Jack Key and Jack...

Allsup''s Convenience Stores - 12/3/1998
{1} Today we consider the appeal of plaintiff-appellants Allsup's Convenience Stores and Allsup Enterprises and the cross-appeal of North River Insurance Company. This case raises an important question about the appealability of...

Gutierrez v. J & B Mobile Homes - 12/1/1998
{1} Samuel Gutierrez (Worker) appeals from an order of the Workers' Compensation Judge (the WCJ) denying his request for an independent medical examination (IME), pursuant to NMSA 1978, § 52-1-51(A) (1990) of the Workers'...

New Mexico Right to Choose v. Johnson - 11/25/1998
{1} This case concerns the authority of the Secretary of the New Mexico Human Services Department to restrict funding for medically necessary abortions under the State's Medicaid program. The Secretary appeals the district court's...

Self v. United Parcel Service - 11/23/1998
{1} We reverse the trial court's decision that state Minimum Wage Act claims brought by union workers covered by a collective-bargaining agreement are preempted by Section 301 of the Labor Management Relations Act, ch. 120, tit. III,...

Styka v. Styka - 11/19/1998
{1} Petitioner Phillip E. Styka (Father) appeals from the trial court's decree dissolving his marriage to Respondent Jane H. Styka (Mother), dividing the community property, and determining child support. Petitioner raises several...

City of Carlsbad v. Grace - 9/24/1998
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY JAMES L. SHULER, District Judge {1} The City of Carlsbad (City) filed this action for declaratory judgment asking the district court to determine whether Grace Oil Company (Grace) was...

New Mexico Department of Labor v. A.C. Electric - 8/28/1998
{1} In this case of first impression, the Court is asked to interpret the provision for overtime pay in New Mexico's Minimum Wage Act (MWA). NMSA 1978, §§ 50-4-19 to -30 (1955, as amended through 1996). Applying established...

Padilla v. Intel Corp. - 8/7/1998
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY W. Daniel Schneider, District Judge {1} John Padilla (Plaintiff) appeals the district court's order granting summary judgment in favor of Intel Corporation, Specialty Drywall,...

Regents of University of New Mexico v. New Mexico Federation of Teachers 42861 - 6/23/1998
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Petra Jimenez Maes, District Judge {1} The Board of Regents of the University of New Mexico (UNM) appeals a determination by the Public Employee Labor Relations Board (PELRB)...

Lackey v. Darrell Julian Construction - 6/19/1998
APPEAL FROM THE WORKERS' COMPENSATION ADMINISTRATION JOSEPH N. WILTGEN, Workers' Compensation Judge {1} The main issue raised by this case is under what circumstances a worker is entitled to temporary total disability benefits...

Executive Sports Club Inc. v. First Plaza Trust - 3/23/1998
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Gerald R. Cole, District Judge {1} This matter comes before the Court on motion of Defendants-Appellees First Plaza Trust and G. Andrews Smith, Trustee (collectively, First...

Babette Stock v. Grantham - 2/27/1998
Certiorari denied, No. 25,139, June 16, 1998 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY PETRA JIMENEZ MAES, District Judge HARTZ, Chief Judge. {1} On February 9, 1995 Babette Stock began working as a nanny for...

Kahrs v. Sanchez - 2/25/1998
On August 1, 1997, this Court filed its opinion in this case. On August 26, 1997, the New Mexico Human Services Department (HSD) filed a motion for rehearing. Thereafter, this Court ordered Plaintiff to file a response to the motion...

Connick v. County of Bernalillo - 2/9/1998
{1} This workers' compensation case presents a question of first impression. We decide whether a worker who is receiving permanent partial disability benefits may legally continue to receive those benefits, in whole or in part, after...

Turpie v. Southwest Cardiology Associates - 2/6/1998
Opinion Number: 1998-NMCA-042 Filing Date: February 6, 1998 {1} Nancy Turpie, acting as the personal representative of the estate of Hugh Turpie, her deceased husband, and acting in her individual capacity, filed suit...

Weidler v. Big J Enterprises Inc. - 12/15/1997
Opinion Number: 1998-NMCA-021 {1} Big J Enterprises (Big J) appeals a jury verdict, including punitive damages, for Matthew Kehoe (Kehoe) based on a claim of retaliatory discharge. Kehoe cross-appeals the trial court's ruling...

Chavez v. City of Albuquerque - 12/9/1997
WECHSLER, Judge. {1} Plaintiff Peter Chavez appeals the grant of summary judgment to the City of Albuquerque (the City) based on claim preclusion, commonly known as res judicata. We must determine the preclusive effect of...

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