11 New Mexico opinions name it 2 courts 2000–2025 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 |
|---|---|---|
Ettenson v. Burkegreen2 sentences2017The amended complaint 11 generally alleges that Defendants worked in collusion to cause harm to Plaintiffs by 12 violating provisions of UORRA, and that Plaintiffs were damaged as a result. [RP 52] 13 See Ettenson v. Burke, 2001-NMCA-003, ¶ 23 , 130 N.M. 67 , 17 P.3d 440 (holding 14 that a civil conspiracy claim requires an underlying claim independent of the 15 conspiracy cause of action). 2017The amended complaint 11 generally alleges that Defendants worked in collusion to cause harm to Plaintiffs by 12 violating provisions of UORRA, and that Plaintiffs were damaged as a result. [RP 52] 13 See Ettenson v. Burke, 2001-NMCA-003, ¶ 23 , 130 N.M. 67 , 17 P.3d 440 (holding 14 that a civil conspiracy claim requires an underlying claim independent of the 15 conspiracy cause of action). | 2 | 7 |
Keeton v. Hustler Magazine, Inc.green2 sentences2025Keeton v. Hustler Mag., Inc., 465 U.S. 770 , 775 5 (1984) (internal quotation marks and citation omitted); see, e.g., Ashby v. State, 779 6 N.W.2d 343 , 361 (Neb. 2010) (“The difficulty with establishing personal jurisdiction 7 based on an alleged conspiracy is that it merges the jurisdiction issue with the merits 8 of the case.”); Nat’l Indus. 2025Keeton v. Hustler Mag., Inc., 465 U.S. 770, 775 (1984) (internal quotation marks and citation omitted); see, e.g., Ashby v. State, 779 N.W.2d 343, 361 (Neb. 2010) (“The difficulty with establishing personal jurisdiction based on an alleged conspiracy is that it merges the jurisdiction issue with the merits of the case.”); Nat’l Indus. | 2 | 2 |
Ashby v. Stategreen1 sentence2025Keeton v. Hustler Mag., Inc., 465 U.S. 770, 775 (1984) (internal quotation marks and citation omitted); see, e.g., Ashby v. State, 779 N.W.2d 343, 361 (Neb. 2010) (“The difficulty with establishing personal jurisdiction based on an alleged conspiracy is that it merges the jurisdiction issue with the merits of the case.”); Nat’l Indus. | 1 | 1 |
Adcock v. Brakegate, Ltd.green2 sentences2003See Ettenson, 2001-NMCA-003, ¶12 , 130 N.M. 67 , 17 P.3d 440 (“The purpose of a civil conspiracy claim is to impute liability to make members of the conspiracy jointly and severally liable for the torts of any of its members.”); Adcock v. Brakegate, Ltd., 164 Ill.2d 54 , 206 Ill.Dec. 636 , 645 N.E.2d 888, 894 (1994) (“The function of a conspiracy claim is to extend liability in tort beyond the active wrongdoer to those who have merely planned, assisted or encouraged the wrongdoer’s acts.”), abrogation on other grounds recognized by Burgess v. Abex Corp. ex rel. 2003See Ettenson, 2001-NMCA-003, ¶12 , 130 N.M. 67 , 17 P.3d 440 (“The purpose of a civil conspiracy claim is to impute liability to make members of the conspiracy jointly and severally liable for the torts of any of its members.”); Adcock v. Brakegate, Ltd., 164 Ill.2d 54 , 206 Ill.Dec. 636 , 645 N.E.2d 888, 894 (1994) (“The function of a conspiracy claim is to extend liability in tort beyond the active wrongdoer to those who have merely planned, assisted or encouraged the wrongdoer’s acts.”), abrogation on other grounds recognized by Burgess v. Abex Corp. ex rel. | 1 | 1 |
Burgess v. ABEX CORP. EX REL. PNEUMO ABEXgreen2 sentences2003Pneumo Abex Corp., 311 Ill.App.3d 900 , 244 Ill.Dec. 319 , 725 N.E.2d 792, 795 (2000). 2003Pneumo Abex Corp., 311 Ill.App.3d 900 , 244 Ill.Dec. 319 , 725 N.E.2d 792, 795 (2000). | 1 | 1 |
Beck v. Prupisgreen1 sentence2000See Beck v. Prupis, 162 F.3d 1090 , 1099 n. 18 (11th Cir. 1998) (citing W. | 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 |
|---|---|---|
Payne v. Hall
green
2 sentences2013“The purpose of a civil conspiracy claim is to impute liability to make members of the conspiracy jointly and severally liable for the torts of any of its members.” Id. (citation omitted). {15} “Under the theory of joint and several liability, each tortfeasor is liable for the entire injury, regardless of proportional fault, leaving it to the defendants to sort out among themselves individual responsibility based on theories of proportional indemnification or contribution.” Payne v. Hall, 2006-NMSC-029, ¶ 11 , 139 N.M. 659 , 137 P.3d 599 . 2013“The purpose of a civil conspiracy claim is to impute liability to make members of the conspiracy jointly and severally liable for the torts of any of its members.” Id. (citation omitted). {15} “Under the theory of joint and several liability, each tortfeasor is liable for the entire injury, regardless of proportional fault, leaving it to the defendants to sort out among themselves individual responsibility based on theories of proportional indemnification or contribution.” Payne v. Hall, 2006-NMSC-029, ¶ 11 , 139 N.M. 659 , 137 P.3d 599 . | 3 | 2013–2013 |
Deflon v. Sawyers
green
2 sentences2010Deflon v. Sawyers, 2006-NMSC-025, ¶ 16 , 139 7 N.M. 637 , 137 P.3d 577 . 2010Deflon v. Sawyers, 2006-NMSC-025, ¶ 16 , 139 7 N.M. 637 , 137 P.3d 577 . | 1 | 2010–2010 |
Bauer v. College of Santa Fe
green
2 sentences2005The City Defendants' immunity defense is personal to them and cannot be raised as a defense by the VanderVossens. {22} The VanderVossens rely on Bauer v. College of Santa Fe, 2003-NMCA-121 , 134 N.M. 439 , 78 P.3d 76 , and cases from other jurisdictions for the proposition that "where the underlying claim fails as a matter of law, there can be no derivative liability under the doctrine of civil conspiracy." We are not persuaded. 2005The City Defendants' immunity defense is personal to them and cannot be raised as a defense by the VanderVossens. {22} The VanderVossens rely on Bauer v. College of Santa Fe, 2003-NMCA-121 , 134 N.M. 439 , 78 P.3d 76 , and cases from other jurisdictions for the proposition that "where the underlying claim fails as a matter of law, there can be no derivative liability under the doctrine of civil conspiracy." We are not persuaded. | 1 | 2005–2005 |
Hill v. Cray Research, Inc.
green
2 sentences2005As the court in Hill stated, “the value and validity of prima facie tort as a separate cause of action depends upon its ability to offer relief for the intentional infliction of harm where the actor’s otherwise lawful conduct cannot be brought within other more traditional categories of liability.” Hill, 864 F.Supp. at 1080 . {37} Finally, since we have held that Plaintiff has failed to state a claim for any underlying cause of action that would support a civil conspiracy claim, the district court was correct in dismissing that claim as well. 2005As the court in Hill stated, "the value and validity of prima facie tort as a separate cause of action depends upon its ability to offer relief for the intentional infliction of harm where the actor's otherwise lawful conduct cannot be brought within other more traditional categories of liability." Hill, 864 F. Supp. at 1080 . {37} Finally, since we have held that Plaintiff has failed to state a claim for any underlying cause of action that would support a civil conspiracy claim, the district court was correct in dismissing that claim as well. | 1 | 2005–2005 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.