17 New Mexico opinions name it 2 courts 1989–2024 2 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rist v. Design Center at Floor Conceptsgreen1 sentence2024See Rist v. Design Ctr. at Floor Concepts, 2013-NMCA-109, ¶ 21 , 314 P.3d 681 (stating that under our notice pleading standard a plaintiff is only required to state general allegations of conduct in a complaint as long as those allegations are detailed enough to give the parties and the court a fair idea of the plaintiff’s complaint and the relief requested). {31} Defendants next argue that the “crooks” comment cannot form the basis of a defamation claim because it is not a statement of fact but a subjective conclusion or opinion about the speaker. | 1 | 1 |
Schatz v. Republican State Leadership Committeegreen1 sentence2021See Schatz v. Republican State Leadership Comm., 669 F.3d 50, 56 (1st Cir. 2012) (examining whether the complaint “plausibly allege[d]” the actual malice requirement for a defamation claim by a public figure); Barnett v. Denver Pub. | 1 | 1 |
Barnett v. Denver Pub. Co., Inc.green1 sentence2021Co., 36 P.3d 145, 147-48 (Colo. App. 2001) (analyzing the dismissal of defamation claim under the “doctrine of substantial truth”); Bertrand v. Mullin, 846 N.W.2d 884, 901 (Iowa 2014) (reviewing whether there was sufficient evidence to establish actual malice); Seaquist v. Caldier, 438 P.3d 606, 615-16 (Wash. Ct. App. 2019) (considering the falsity requirements for defamation and false light claims). | 1 | 1 |
Larry Seaquist v. Michelle Caldiergreen1 sentence2021Co., 36 P.3d 145, 147-48 (Colo. App. 2001) (analyzing the dismissal of defamation claim under the “doctrine of substantial truth”); Bertrand v. Mullin, 846 N.W.2d 884, 901 (Iowa 2014) (reviewing whether there was sufficient evidence to establish actual malice); Seaquist v. Caldier, 438 P.3d 606, 615-16 (Wash. Ct. App. 2019) (considering the falsity requirements for defamation and false light claims). | 1 | 1 |
Rick Bertrand v. Rick Mullin and the Iowa Democratic Partygreen1 sentence2021Co., 36 P.3d 145, 147-48 (Colo. App. 2001) (analyzing the dismissal of defamation claim under the “doctrine of substantial truth”); Bertrand v. Mullin, 846 N.W.2d 884, 901 (Iowa 2014) (reviewing whether there was sufficient evidence to establish actual malice); Seaquist v. Caldier, 438 P.3d 606, 615-16 (Wash. Ct. App. 2019) (considering the falsity requirements for defamation and false light claims). | 1 | 1 |
Donald B. Rinsley, M.D. v. Anthony Brandt and William Morrow and Company, Inc., a Corporationgreen1 sentence2017Ammerman, 1977-NMCA-127 , ¶¶ 15, 22 19 (internal quotation marks and citation omitted); see also Rinsley, 700 F.2d at 1307 25 1 (“[E]ssential to both a false light privacy claim and a defamation claim is a 2 determination that ‘the matter published concerning the plaintiff is not true.’ Thus, 3 in a false light privacy action, as in a defamation action, truth is an absolute defense.” 4 (quoting Restatement (Second) of Torts § 652E cmt. a)). | 1 | 1 |
Chavarria v. Fleetwood Retail Corp.green2 sentences2012See Chavarria, 2006-NMSC-046, ¶¶ 35-39 (engaging in a detailed review of the guideposts, and remanding the matter for re-assessment by the district court of its reduction of its initial punitive damages award of $250,000 down to $150,000, in a case involving fraud and conversion); Aken, 2002-NMSC-021, ¶¶ 19-28 (engaging in a detailed review of the guideposts, and affirming the district court with an adjustment of the punitive damages award on a defamation claim from $1 million down to $300,000); Bogle v. Summit Inv. 2012See Chavarria, 2006-NMSC-046, ¶¶ 35-39 (engaging in a detailed review of the guideposts, and remanding the matter for reassessment by the district court of its reduction of its initial punitive damages award of $250,000 down to $150,000, in a case involving fraud and conversion); Aken, 2002-NMSC-021, ¶¶ 19-28 (engaging in a detailed review of the guideposts, and affirming the district court with an adjustment of the punitive damages award on a defamation claim from $1 million down to $300,000); Bogle v. Summit Inv. | 1 | 1 |
Akins v. United Steelworkers of Americagreen2 sentences2012See Chavarria, 2006-NMSC-043 ¶ 36 (stating that our review is essentially one for reasonableness). {44} This Court has recognized that although the second BMW of N. Am. factor requires consideration of the ratio of punitive damages to compensatory damages, it nevertheless remains “the general rule in New Mexico ... that a punitive damages award can be justified even when supported only by an award of nominal damages.” Akins v. United Steelworkers of Am., 2009-NMCA-051, ¶ 34 , 146 N.M. 237 , 208 P.3d 457 (internal quotation marks and citation omitted). 2012See Chavarria, 2006-NMSC-043 ¶ 36 (stating that our review is essentially one for reasonableness). {44} This Court has recognized that although the second BMW of N. Am. factor requires consideration of the ratio of punitive damages to compensatory damages, it nevertheless remains “the general rule in New Mexico ... that a punitive damages award can be justified even when supported only by an award of nominal damages.” Akins v. United Steelworkers of Am., 2009-NMCA-051, ¶ 34 , 146 N.M. 237 , 208 P.3d 457 (internal quotation marks and citation omitted). | 1 | 1 |
State v. Huntergreen1 sentence2012See Chavarria, 2006-NMSC-043 ¶ 36 (stating that our review is essentially one for reasonableness). {44} This Court has recognized that although the second BMW of N. Am. factor requires consideration of the ratio of punitive damages to compensatory damages, it nevertheless remains “the general rule in New Mexico ... that a punitive damages award can be justified even when supported only by an award of nominal damages.” Akins v. United Steelworkers of Am., 2009-NMCA-051, ¶ 34 , 146 N.M. 237 , 208 P.3d 457 (internal quotation marks and citation omitted). | 1 | 1 |
Aken v. Plains Electric Generation & Transmission Cooperative, Inc.green2 sentences2012See Chavarria, 2006-NMSC-046, ¶¶ 35-39 (engaging in a detailed review of the guideposts, and remanding the matter for re-assessment by the district court of its reduction of its initial punitive damages award of $250,000 down to $150,000, in a case involving fraud and conversion); Aken, 2002-NMSC-021, ¶¶ 19-28 (engaging in a detailed review of the guideposts, and affirming the district court with an adjustment of the punitive damages award on a defamation claim from $1 million down to $300,000); Bogle v. Summit Inv. 2012See Chavarria, 2006-NMSC-046, ¶¶ 35-39 (engaging in a detailed review of the guideposts, and remanding the matter for reassessment by the district court of its reduction of its initial punitive damages award of $250,000 down to $150,000, in a case involving fraud and conversion); Aken, 2002-NMSC-021, ¶¶ 19-28 (engaging in a detailed review of the guideposts, and affirming the district court with an adjustment of the punitive damages award on a defamation claim from $1 million down to $300,000); Bogle v. Summit Inv. | 1 | 1 |
Ezrailson v. Rohrichgreen1 sentence2003Cf. Ezrailson v. Rohrich, 65 S.W.3d 373, 382 (Tex.App.2001) (“[C]riticism of the creative research ideas of other medical scientists should not be restrained by fear of a defamation claim... ”). | 1 | 1 |
Newberry v. Allied Stores, Inc.green1 sentence2002Newberry v. Allied Stores, Inc., 108 N.M. 424, 430 , 773 P.2d 1231, 1237 (1989). | 1 | 1 |
Baker v. Bhajangreen2 sentences1999L.Rev. 264 (1989); Deborah Daniloff, Note, Employer Defamation: Reasons and Remedies for Declining References and Chilled Communications in the Workplace, 40 Hastings L.J. 687 (1989); Bradley Saxton, Flaws in the Laws Governing Employment References: Problems of “Overdeterence” and a Proposal for Reform, 13 Yale L. & Pol’y Rev. 45 (1995) (advocating a limited affirmative duty on employers to disclose even without volunteering a referral); Janet Swerdlow, Note, Negligent Referral: A Potential Theory For Employer Liability, 64 S. Cal. L.Rev. 1645 (1991) (same). {29} New Mexico’s common law refle 1999L.Rev. 264 (1989); Deborah Daniloff, Note, Employer Defamation: Reasons and Remedies for Declining References and Chilled Communications in the Workplace, 40 Hastings L.J. 687 (1989); Bradley Saxton, Flaws in the Laws Governing Employment References: Problems of “Overdeterence” and a Proposal for Reform, 13 Yale L. & Pol’y Rev. 45 (1995) (advocating a limited affirmative duty on employers to disclose even without volunteering a referral); Janet Swerdlow, Note, Negligent Referral: A Potential Theory For Employer Liability, 64 S. Cal. L.Rev. 1645 (1991) (same). {29} New Mexico’s common law refle | 1 | 1 |
Johnson v. Delta-Democrat Pub. Co.green2 sentences1995See Saenz v. Morris, 106 N.M. 530, 534 , 746 P.2d 159, 163 (Ct. App.) (impersonal criticism of government is not libel of government official), cert. denied, 106 N.M. 511 , 745 P.2d 1159 (1987); cf. Johnson v. Delta-Democrat Publishing Co., 531 So.2d 811, 815 (Miss.1988) (editorial focusing on city council did not defame defendant individually). 1995See Saenz v. Morris, 106 N.M. 530, 534 , 746 P.2d 159, 163 (Ct. App.) (impersonal criticism of government is not libel of government official), cert. denied, 106 N.M. 511 , 745 P.2d 1159 (1987); cf. Johnson v. Delta-Democrat Publishing Co., 531 So.2d 811, 815 (Miss.1988) (editorial focusing on city council did not defame defendant individually). | 1 | 1 |
Saenz v. Morrisgreen2 sentences1995See Saenz v. Morris, 106 N.M. 530, 534 , 746 P.2d 159, 163 (Ct. App.) (impersonal criticism of government is not libel of government official), cert. denied, 106 N.M. 511 , 745 P.2d 1159 (1987); cf. Johnson v. Delta-Democrat Publishing Co., 531 So.2d 811, 815 (Miss.1988) (editorial focusing on city council did not defame defendant individually). 1995See Saenz v. Morris, 106 N.M. 530, 534 , 746 P.2d 159, 163 (Ct. App.) (impersonal criticism of government is not libel of government official), cert. denied, 106 N.M. 511 , 745 P.2d 1159 (1987); cf. Johnson v. Delta-Democrat Publishing Co., 531 So.2d 811, 815 (Miss.1988) (editorial focusing on city council did not defame defendant individually). | 1 | 1 |
Phantom Touring, Inc. v. Affiliated Publicationsgreen2 sentences1995See Phantom Touring, 953 F.2d at 729-30 ; Mathias v. Carpenter, 402 Pa.Super. 358 , 587 A.2d 1, 3 (1991), appeal denied, 529 Pa. 650 , 602 A,2d 860 (1992). 1995See Phantom Touring, 953 F.2d at 729-30 ; Mathias v. Carpenter, 402 Pa.Super. 358 , 587 A.2d 1, 3 (1991), appeal denied, 529 Pa. 650 , 602 A.2d 860 (1992). | 1 | 1 |
Mathias v. Carpentergreen2 sentences1995See Phantom Touring, 953 F.2d at 729-30 ; Mathias v. Carpenter, 402 Pa.Super. 358 , 587 A.2d 1, 3 (1991), appeal denied, 529 Pa. 650 , 602 A,2d 860 (1992). 1995See Phantom Touring, 953 F.2d at 729-30 ; Mathias v. Carpenter, 402 Pa.Super. 358 , 587 A.2d 1, 3 (1991), appeal denied, 529 Pa. 650 , 602 A,2d 860 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fikes v. Furst
green
2 sentences2010Although Fikes recited some compelling and direct language discussing the principles of injury to reputation as the "primary basis of an action [in] libel or defamation," it did not exclude the other established basis for such a defamation claim and did not analyze either of the actual injury provisions that are at issue in this case. 2003-NMSC-033, ¶¶ 12-19 , 134 N.M. 602 , 81 P.3d 545 . 2010Although Fikes recited some compelling and direct language discussing the principles of injury to reputation as the "primary basis of an action [in] libel or defamation," it did not exclude the other established basis for such a defamation claim and did not analyze either of the actual injury provisions that are at issue in this case. 2003-NMSC-033, ¶¶ 12-19 , 134 N.M. 602 , 81 P.3d 545 . | 3 | 2008–2010 |
Marchiondo v. Brown
green
2 sentences1989Marchiondo II, 98 N.M. at 403, 649 P.2d at 471 . 1989Marchiondo II, 98 N.M. at 403, 649 P.2d at 471 . | 2 | 1989–1989 |
Cordova v. Cline
green
1 sentence2021In Cordova, parents of children enrolled in the Taos Municipal School District, working as an unincorporated association, sought to recall a school board member, pursuant to the Local School Board Member Recall Act, (the Recall Act). 2 Cordova, 2017-NMSC-020, ¶ 3 . | 1 | 2021–2021 |
Self v. United Parcel Service, Inc.
green
2 sentences2017It is of no benefit either to the parties 2 or to future litigants for this Court to promulgate case law based on our own 3 speculation rather than the parties’ carefully considered arguments.” Id. 4 A. Standard of Review 5 {28} “Summary judgment is appropriate where there are no genuine issues of 6 material fact and the movant is entitled to judgment as a matter of law.” Self v. United 7 Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . “[W]e view 8 the facts in a light most favorable to the party opposing the motion and draw all 9 reasonable inferences in support of a tr 2017It is of no benefit either to the parties 2 or to future litigants for this Court to promulgate case law based on our own 3 speculation rather than the parties’ carefully considered arguments.” Id. 4 A. Standard of Review 5 {28} “Summary judgment is appropriate where there are no genuine issues of 6 material fact and the movant is entitled to judgment as a matter of law.” Self v. United 7 Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . “[W]e view 8 the facts in a light most favorable to the party opposing the motion and draw all 9 reasonable inferences in support of a tr | 1 | 2017–2017 |
Tichinin v. City of Morgan Hill
green
1 sentence2017Thus, just as the malice requirement in a defamation claim against a public official “protects some false statements to ensure that the right of free speech remains robust and unfettered, so too the improper-motive requirement of the sham exception protects some baseless petitions . . . to ensure that citizens may enjoy the right to petition the government through access to the courts without fear of . . . liability.” Tichinin, 99 Cal. Rptr. 3d at 675 . {41} We conclude that the allegations in the complaint are not sufficient to establish an improper motive but rather are differences of opinio | 1 | 2017–2017 |
Handmaker v. Henney
green
2 sentences2017It is of no benefit either to the parties 2 or to future litigants for this Court to promulgate case law based on our own 3 speculation rather than the parties’ carefully considered arguments.” Id. 4 A. Standard of Review 5 {28} “Summary judgment is appropriate where there are no genuine issues of 6 material fact and the movant is entitled to judgment as a matter of law.” Self v. United 7 Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . “[W]e view 8 the facts in a light most favorable to the party opposing the motion and draw all 9 reasonable inferences in support of a tr 2017It is of no benefit either to the parties 2 or to future litigants for this Court to promulgate case law based on our own 3 speculation rather than the parties’ carefully considered arguments.” Id. 4 A. Standard of Review 5 {28} “Summary judgment is appropriate where there are no genuine issues of 6 material fact and the movant is entitled to judgment as a matter of law.” Self v. United 7 Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . “[W]e view 8 the facts in a light most favorable to the party opposing the motion and draw all 9 reasonable inferences in support of a tr | 1 | 2017–2017 |
Andrews v. Stallings
green
2 sentences2016The basis for ruling—the 19 need to protect the attorney/client relationship—says nothing about the propriety of 61 1 immunizing an entire field of human activity from scrutiny for wrongdoing.16 And 2 Andrews v. Stallings, 1995-NMCA-015 , 119 N.M. 478 , 892 P.2d 611 , is a run-of-the- 3 mill case in which the defamation claim was the appropriate tort to pursue. 2016The basis for ruling—the 19 need to protect the attorney/client relationship—says nothing about the propriety of 61 1 immunizing an entire field of human activity from scrutiny for wrongdoing.16 And 2 Andrews v. Stallings, 1995-NMCA-015 , 119 N.M. 478 , 892 P.2d 611 , is a run-of-the- 3 mill case in which the defamation claim was the appropriate tort to pursue. | 1 | 2016–2016 |
Bogle v. Summit Investment Co., LLC
green
2 sentences2012Co., LLC., 2005-NMCA-024, ¶¶ 34-37 , 137 N.M. 80 , 107 P.3d 520 (engaging in analysis of the guideposts and determining that all three guideposts supported the modest punitive damages award). 2012Co., LLC., 2005-NMCA-024, ¶¶ 34-37 , 137 N.M. 80 , 107 P.3d 520 (engaging in analysis of the guideposts and determining that all three guideposts supported the modest punitive damages award). | 1 | 2012–2012 |
Fikes v. Furst
green
2 sentences2008Fikes v. Furst, 2003-NMCA-006, ¶ 7 , 133 N.M. 146 , 61 P.3d 855 , rev’d in part on other grounds, 2003-NMSC-033, ¶ 1 , 134 N.M. 602 , 81 P.3d 545 . 2008Fikes v. Furst, 2003-NMCA-006, ¶ 7 , 133 N.M. 146 , 61 P.3d 855 , rev’d in part on other grounds, 2003-NMSC-033, ¶ 1 , 134 N.M. 602 , 81 P.3d 545 . | 1 | 2008–2008 |
Freyd v. Whitfield
green
1 sentence2003This is so because an academic audience will often be able to recognize the “subjective character” of the statements and “discount them accordingly.” Freyd, 972 F.Supp. at 946 . | 1 | 2003–2003 |
Newberry v. Allied Stores, Inc.
green
1 sentence2002Newberry v. Allied Stores, Inc., 108 N.M. 424, 430 , 773 P.2d 1231, 1237 (1989). | 1 | 2002–2002 |
BMW of North America, Inc. v. Gore
green
2 sentences2002In any event, while reprehensibility is “the most important indicium,” BMW, 517 U.S. at 575 , 116 S.Ct. 1589 and the ratio factor is the “most commonly cited indicium,” id. at 580 , 116 S.Ct. 1589 the comparable sanctions factor is the least important indicium. 2002In any event, while reprehensibility is “the most important indicium,” BMW, 517 U.S. at 575 , 116 S.Ct. 1589 and the ratio factor is the “most commonly cited indicium,” id. at 580 , 116 S.Ct. 1589 the comparable sanctions factor is the least important indicium. | 1 | 2002–2002 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.