Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 New Mexico opinions name it 2 courts 1991–2024 3 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 |
|---|---|---|
Chevron Oil Co. v. Husonred2 sentences2024Second, if the case announcing the 10 new rule does not expressly declare that it should apply prospectively, then the 11 presumption of retroactivity can “be overcome by a sufficiently weighty 12 combination of one or more of the Chevron Oil factors.” Id.; see Chevron Oil 13 Company v. Huson, 404 U.S. 97, 106-07 (1971) (acknowledging that states 14 incorporate the Chevron factors while affirming that “[w]hatever freedom state 15 courts may enjoy to limit the retroactive operation of their own interpretations of 16 state law cannot extend to their interpretations of federal law” (citation omit 2024Second, if the case announcing the 10 new rule does not expressly declare that it should apply prospectively, then the 11 presumption of retroactivity can “be overcome by a sufficiently weighty 12 combination of one or more of the Chevron Oil factors.” Id.; see Chevron Oil 13 Company v. Huson, 404 U.S. 97, 106-07 (1971) (acknowledging that states 14 incorporate the Chevron factors while affirming that “[w]hatever freedom state 15 courts may enjoy to limit the retroactive operation of their own interpretations of 16 state law cannot extend to their interpretations of federal law” (citation omit | 4 | 7 |
Harper v. Virginia Department of Taxationgreen2 sentences2024Second, if the case announcing the 10 new rule does not expressly declare that it should apply prospectively, then the 11 presumption of retroactivity can “be overcome by a sufficiently weighty 12 combination of one or more of the Chevron Oil factors.” Id.; see Chevron Oil 13 Company v. Huson, 404 U.S. 97, 106-07 (1971) (acknowledging that states 14 incorporate the Chevron factors while affirming that “[w]hatever freedom state 15 courts may enjoy to limit the retroactive operation of their own interpretations of 16 state law cannot extend to their interpretations of federal law” (citation omit 2024Second, if the case announcing the 10 new rule does not expressly declare that it should apply prospectively, then the 11 presumption of retroactivity can “be overcome by a sufficiently weighty 12 combination of one or more of the Chevron Oil factors.” Id.; see Chevron Oil 13 Company v. Huson, 404 U.S. 97, 106-07 (1971) (acknowledging that states 14 incorporate the Chevron factors while affirming that “[w]hatever freedom state 15 courts may enjoy to limit the retroactive operation of their own interpretations of 16 state law cannot extend to their interpretations of federal law” (citation omit | 3 | 4 |
Kennecott Copper Corp. v. Chavezgreen2 sentences1994The Court of Appeals reversed the order of the second and third Chevron Oil factors, based on its treatment of the test in Kennecott Copper Corp. v. Chavez, 109 N.M. 439, 442 , 786 P.2d 53, 56 (Ct.App.1990). 1994The Court of Appeals reversed the order of the second and third Chevron Oil factors, based on its treatment of the test in Kennecott Copper Corp. v. Chavez, 109 N.M. 439, 442 , 786 P.2d 53, 56 (Ct.App.1990). | 2 | 2 |
Beavers v. Johnson Controls World Services, Inc.green2 sentences2017We will avoid undue repetition here, and focus instead on the 8 content of the memorandum in opposition. 9 {3} Defendant argues that our decision in Garcia v. Hatch Valley Public Schools, 10 2016-NMCA-034 , 369 P.3d 1 , should not apply retroactively so as to determine the 11 outcome of this appeal. [MIO 2-4] Civil decisions are presumed to apply retroactively 12 unless the opinion expressly directs otherwise or if there is a “sufficiently weighty 13 combination of one or more of the Chevron Oil factors.” Beavers v. Johnson Controls 14 World Servs., Inc, 1994-NMSC-094 , ¶ 22, 118 N.M. 391 , 88 2017We will avoid undue repetition here, and focus instead on the 8 content of the memorandum in opposition. 9 {3} Defendant argues that our decision in Garcia v. Hatch Valley Public Schools, 10 2016-NMCA-034 , 369 P.3d 1 , should not apply retroactively so as to determine the 11 outcome of this appeal. [MIO 2-4] Civil decisions are presumed to apply retroactively 12 unless the opinion expressly directs otherwise or if there is a “sufficiently weighty 13 combination of one or more of the Chevron Oil factors.” Beavers v. Johnson Controls 14 World Servs., Inc, 1994-NMSC-094 , ¶ 22, 118 N.M. 391 , 88 | 1 | 4 |
Stein v. Alpine Sports, Inc.green2 sentences2021We refer to these factors throughout this opinion as “the Beavers/Chevron Oil factors.” Stein v. Alpine Sports, Inc., 1998-NMSC-040, ¶ 9 , 126 N.M. 258 , 968 P.2d 769 (alterations, omission, internal quotation marks, and citation omitted). {27} For the sake of clarity, we review each holding in Maisie Y. separately to determine whether the presumption of retroactivity is overcome. 2021We refer to these factors throughout this opinion as “the Beavers/Chevron Oil factors.” Stein v. Alpine Sports, Inc., 1998-NMSC-040, ¶ 9 , 126 N.M. 258 , 968 P.2d 769 (alterations, omission, internal quotation marks, and citation omitted). {27} For the sake of clarity, we review each holding in Maisie Y. separately to determine whether the presumption of retroactivity is overcome. | 1 | 2 |
Whenry v. Whenrygreen2 sentences2009Second, ... “we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Finally, we ... weigh[ ] the inequity imposed by retroactive application, for “[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the ‘injustice or hardship’ by a holding of nonretroactivity.” Beavers, 118 N.M. at 398 , 881 P.2d at 1383 (quoting Whenry, 98 N.M. at 739 , 652 2009Second, ... “we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Finally, we ... weigh[ ] the inequity imposed by retroactive application, for “[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the ‘injustice or hardship’ by a holding of nonretroactivity.” Beavers, 118 N.M. at 398 , 881 P.2d at 1383 (quoting Whenry, 98 N.M. at 739 , 652 | 1 | 2 |
First Financial Trust Co. v. Scottgreen2 sentences1998Overruling Frost, Scott expressly held, for the first time, that the doctrine of forum non conveniens “is inapplicable to motions to transfer a lawsuit intrastate from one county to another.” Scott, 122 N.M. at 576, 577 , 929 P.2d at 267, 268 . {11} The second aspect of the first Chevron Oil factor requires determining the extent to which the parties or others have relied on the overruled precedent. 1998Overruling Frost, Scott expressly held, for the first time, that the doctrine of forum non conveniens “is inapplicable to motions to transfer a lawsuit intrastate from one county to another.” Scott, 122 N.M. at 576, 577 , 929 P.2d at 267, 268 . {11} The second aspect of the first Chevron Oil factor requires determining the extent to which the parties or others have relied on the overruled precedent. | 1 | 1 |
Stroh Brewery Co. v. Director of New Mexico Department of Alcoholic Beverage Controlgreen2 sentences1993Kennecott Copper Corp. v. Chavez, 109 N.M. 439, 442 , 786 P.2d 53, 56 (Ct.App.1990) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Stroh Brewery Co. v. Department of Alcoholic Beverage Control, 112 N.M. 468, 468-75 , 816 P.2d 1090, 1090-97 (1991) (applying Chevron Oil test). 1993Kennecott Copper Corp. v. Chavez, 109 N.M. 439, 442 , 786 P.2d 53, 56 (Ct.App.1990) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Stroh Brewery Co. v. Department of Alcoholic Beverage Control, 112 N.M. 468, 468-75 , 816 P.2d 1090, 1090-97 (1991) (applying Chevron Oil test). | 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 |
|---|---|---|
Garcia v. Hatch Valley Public Schools
green
2 sentences2017We will avoid undue repetition here, and focus instead on the 8 content of the memorandum in opposition. 9 {3} Defendant argues that our decision in Garcia v. Hatch Valley Public Schools, 10 2016-NMCA-034 , 369 P.3d 1 , should not apply retroactively so as to determine the 11 outcome of this appeal. [MIO 2-4] Civil decisions are presumed to apply retroactively 12 unless the opinion expressly directs otherwise or if there is a “sufficiently weighty 13 combination of one or more of the Chevron Oil factors.” Beavers v. Johnson Controls 14 World Servs., Inc, 1994-NMSC-094 , ¶ 22, 118 N.M. 391 , 88 2017We will avoid undue repetition here, and focus instead on the 8 content of the memorandum in opposition. 9 {3} Defendant argues that our decision in Garcia v. Hatch Valley Public Schools, 10 2016-NMCA-034 , 369 P.3d 1 , should not apply retroactively so as to determine the 11 outcome of this appeal. [MIO 2-4] Civil decisions are presumed to apply retroactively 12 unless the opinion expressly directs otherwise or if there is a “sufficiently weighty 13 combination of one or more of the Chevron Oil factors.” Beavers v. Johnson Controls 14 World Servs., Inc, 1994-NMSC-094 , ¶ 22, 118 N.M. 391 , 88 | 1 | 2017–2017 |
Beavers v. Johnson Controls World Services, Inc.
green
2 sentences1994The Court of Appeals held that the second factor — whether retrospective operation will further or retard operation of the prima facie tort rule— weighed in favor of nonretroactivity by focusing, properly, on the purposes of the prima facie tort action. 9 116 N.M. at 31-32 , 859 P.2d at 499-500 . 1994The Court of Appeals held that the second factor — whether retrospective operation will further or retard operation of the prima facie tort rule— weighed in favor of nonretroactivity by focusing, properly, on the purposes of the prima facie tort action. 9 116 N.M. at 31-32 , 859 P.2d at 499-500 . | 1 | 1994–1994 |
Schmitz v. Smentowski
green
2 sentences1993While the Schmitz Court stated that “[p]rima facie tort is not a recent innovation,” Schmitz, 109 N.M. at 394 , 785 P.2d at 734 , and that recognizing it as a cause of action was consistent with New Mexico’s recognition of other intentional torts, id. at 396 , 785 P.2d at 736 , the Court also acknowledged that, at the time of its decision, only two states had recognized prima facie tort as a specific cause of action. 1993While the Schmitz Court stated that “[p]rima facie tort is not a recent innovation,” Schmitz, 109 N.M. at 394 , 785 P.2d at 734 , and that recognizing it as a cause of action was consistent with New Mexico’s recognition of other intentional torts, id. at 396 , 785 P.2d at 736 , the Court also acknowledged that, at the time of its decision, only two states had recognized prima facie tort as a specific cause of action. | 1 | 1993–1993 |
James B. Beam Distilling Co. v. Georgia
red
2 sentences1991The Court declines to apply the Chevron analysis in Beam claiming that “principles of equality and stare decisis here [prevail] over any claim based on a Chevron Oil analysis.” Beam, — U.S. at-, 111 S.Ct. at 2446 . 1991The Court declines to apply the Chevron analysis in Beam claiming that “principles of equality and stare decisis here [prevail] over any claim based on a Chevron Oil analysis.” Beam, — U.S. at-, 111 S.Ct. at 2446 . | 1 | 1991–1991 |
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.