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10 New Mexico opinions name it 2 courts 1998–2024 1 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 |
|---|---|---|
Claussen v. Aetna Casualty & Surety Co.green2 sentences2011Even when used to describe the onset of an event, the word has an elastic temporal connotation that varies with expectations: Suddenly, it's spring. 259 Ga. 333 , 380 S.E.2d 686, 688 (1989) (footnote omitted). {58} I agree that multiple dictionary definitions do not necessarily, by themselves, render a term ambiguous; however, they can serve as an appropriate starting point for analysis. 2011Even when used to describe the onset of an event, the word has an elastic temporal connotation that varies with expectations: Suddenly, it's spring. 259 Ga. 333 , 380 S.E.2d 686, 688 (1989) (footnote omitted). {58} I agree that multiple dictionary definitions do not necessarily, by themselves, render a term ambiguous; however, they can serve as an appropriate starting point for analysis. | 2 | 2 |
New Castle County v. Hartford Accident And Indemnity Companygreen2 sentences2011See New Castle County, 933 F.2d at 1194 (“Having consulted the dictionary, the [lower] court proceeded to consider other factors relevant to determining whether the word “sudden” is, in the context of [the] policies, ambiguous.” (internal quotation marks omitted)). 16 {59} The meaning of “sudden and accidental” cannot be determined in this case by considering only dictionary definitions of “sudden.” Context of The Policy {60} UNC argues that the insurance policies contain provisions that, when viewed as a whole, suggest that the policy intended coverage for continuing pollution. 2011See New Castle County, 933 F.2d at 1194 ("Having consulted the dictionary, the [lower] court proceeded to consider other factors relevant to determining whether the word "sudden" is, in the context of [the] policies, ambiguous." (internal quotation marks omitted)). {59} The meaning of "sudden and accidental" cannot be determined in this case by considering only dictionary definitions of "sudden." Context of The Policy {60} UNC argues that the insurance policies contain provisions that, when viewed as a whole, suggest that the policy intended coverage for continuing pollution. | 2 | 2 |
Vegas v. Compania Anonima Venezolana De Navegaciongreen1 sentence2012Co. v. Gomez, 688 N.E.2d 951 , 953 (Mass. 1998), dictionary definitions “can serve as an appropriate starting point for analysis.” United Nuclear, 2011-NMCA-039 , ¶ 58 (Vigil, J., dissenting); see also Vegas v. Compania Anonima Venezolana de Navegacion, 720 F.2d 629, 631 (11th Cir. 1983) (acknowledging that dictionary definitions “provide at least a starting point in th[e] inquiry.”). {21} Dictionaries define “sudden” as either synonymous with “unexpected,” or as the temporal descriptor of a brief occurrence, or both. | 1 | 1 |
State v. Krausegreen2 sentences2006Section 40-13-7(E) (“A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of domestic abuse.”); see also State v. Krause, 1998-NMCA-013, ¶ 8 , 124 N.M. 415 , 951 P.2d 1076 (“In determining what kind of appeal a defendant is entitled to, we must view the conviction, not the charging document.”). 2006Section 40-13-7(E) (“A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of domestic abuse.”); see also State v. Krause, 1998-NMCA-013, ¶ 8 , 124 N.M. 415 , 951 P.2d 1076 (“In determining what kind of appeal a defendant is entitled to, we must view the conviction, not the charging document.”). | 1 | 1 |
State v. Rowellgreen2 sentences1999See State v. Rowell, 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995); State v. Arellano, 1997-NMCA-074, ¶ 3 , 123 N.M. 589 , 943 P.2d 1042 . {6} The starting point for our analysis is the language of the statutes themselves. 1999See State v. Rowell, 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995); State v. Arellano, 1997-NMCA-074, ¶ 3 , 123 N.M. 589 , 943 P.2d 1042 . {6} The starting point for our analysis is the language of the statutes themselves. | 1 | 1 |
Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a Partnershipgreen1 sentence1998See, e.g., Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536, 545-46 (8th Cir.1996). {11} However, these observations only serve as a starting point in an inquiry concerning the extent of IGRA’s preemptive power here. | 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 |
|---|---|---|
Atlixco Coalition v. County of Bernalillo
green
2 sentences2006In Atlixco Coalition v. County of Bernalillo, 1999-NMCA-088 , 127 N.M. 549 , 984 P.2d 796 , Southwest was granted a permit to include municipal waste in addition to the construction debris accepted at the landfill. 2006In Atlixco Coalition v. County of Bernalillo, 1999-NMCA-088 , 127 N.M. 549 , 984 P.2d 796 , Southwest was granted a permit to include municipal waste in addition to the construction debris accepted at the landfill. | 2 | 2006–2006 |
State v. Calhoun
green
2 sentences2024State v. Platero, 2017-NMCA-083 , ¶¶ 6-7, 406 P.3d 557 (stating that a decision of the district court to dismiss a charge pursuant to Rule 5-601 and Foulenfont is reviewed de novo). 1Doe is also contrary to the holding in State v. Calhoun, 1917-NMSC-090 , ¶ 8, 23 N.M. 681 , 170 P. 750 , which held, “[w]here an illegal arrest is made by an officer, the person arrested may resist the arrest or the continuation of custody thereunder, but not to the extent of excessive violence.” This is contrary to Doe, 1978-NMSC-072 , ¶ 11, and our holding here, both of which prohibit such resistance. {23} The s 2024State v. Platero, 2017-NMCA-083 , ¶¶ 6-7, 406 P.3d 557 (stating that a decision of the district court to dismiss a charge pursuant to Rule 5-601 and Foulenfont is reviewed de novo). 1Doe is also contrary to the holding in State v. Calhoun, 1917-NMSC-090 , ¶ 8, 23 N.M. 681 , 170 P. 750 , which held, “[w]here an illegal arrest is made by an officer, the person arrested may resist the arrest or the continuation of custody thereunder, but not to the extent of excessive violence.” This is contrary to Doe, 1978-NMSC-072 , ¶ 11, and our holding here, both of which prohibit such resistance. {23} The s | 1 | 2024–2024 |
United Nuclear Corp. v. Allstate Insurance
green
1 sentence2012Co. v. Gomez, 688 N.E.2d 951 , 953 (Mass. 1998), dictionary definitions “can serve as an appropriate starting point for analysis.” United Nuclear, 2011-NMCA-039 , ¶ 58 (Vigil, J., dissenting); see also Vegas v. Compania Anonima Venezolana de Navegacion, 720 F.2d 629, 631 (11th Cir. 1983) (acknowledging that dictionary definitions “provide at least a starting point in th[e] inquiry.”). {21} Dictionaries define “sudden” as either synonymous with “unexpected,” or as the temporal descriptor of a brief occurrence, or both. | 1 | 2012–2012 |
State v. Savedra
green
1 sentence2011“The focus of administration of the [182-day] rule should be on the 5 defendant and his or her right to have a prompt disposition of his or her criminal 6 charges.” Id. 7 As relevant to this case, Rule 6-506(B) provides that “[t]he trial of a criminal 8 citation or complaint shall be commenced within one hundred eighty-two (182) days 9 after whichever of the following events occurs latest: (1) the date of arraignment or 10 the filing of a waiver of arraignment of the defendant[.]” Thus, the date of 11 Defendant’s arraignment in magistrate court is the starting point of our analysis. 12 In his | 1 | 2011–2011 |
State v. Arellano
green
2 sentences1999See State v. Rowell, 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995); State v. Arellano, 1997-NMCA-074, ¶ 3 , 123 N.M. 589 , 943 P.2d 1042 . {6} The starting point for our analysis is the language of the statutes themselves. 1999See State v. Rowell, 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995); State v. Arellano, 1997-NMCA-074, ¶ 3 , 123 N.M. 589 , 943 P.2d 1042 . {6} The starting point for our analysis is the language of the statutes themselves. | 1 | 1999–1999 |
Montoya v. Mentor Corp.
green
2 sentences1998It is important to recognize that there exists “a reluctance to preempt state laws relating to health and safety matters because those matters generally have been the exclusive concern of the states.” Montoya, 122 N.M. at 4 , 919 P.2d at 412 (citing New York State Conference of Blue Cross and Blue Shield Plans v. Travelers Ins. 1998It is important to recognize that there exists “a reluctance to preempt state laws relating to health and safety matters because those matters generally have been the exclusive concern of the states.” Montoya, 122 N.M. at 4 , 919 P.2d at 412 (citing New York State Conference of Blue Cross and Blue Shield Plans v. Travelers Ins. | 1 | 1998–1998 |
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.