8 New Mexico opinions name it 2 courts 1995–2018 0 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 |
|---|---|---|
Tull v. City of Albuquerquegreen2 sentences2013This Court has previously rejected the continuing violation theory in the context of employment contracts where there has been a “single-wrong with continuing effects.” Tull v. City of Albuquerque, 120 N.M. 829, 830 , 907 P.2d 1010, 1011 (Ct.App. 1995) (internal quotation marks omitted). 2013This Court has previously rejected the continuing violation theory in the context of employment contracts where there has been a “single-wrong with continuing effects.” Tull v. City of Albuquerque, 120 N.M. 829, 830 , 907 P.2d 1010, 1011 (Ct.App. 1995) (internal quotation marks omitted). | 4 | 4 |
Novella v. Westchester Countygreen2 sentences2013Still other courts have refused to apply it where the plaintiff’s “claims are based on a single decision that results in lasting negative effects.” Novella v. Westchester Cnty., 661 F.3d 128, 146 (2d Cir. 2011) (internal quotation marks and citation omitted); see Schultz v. Texaco Inc., 127 F. Supp. 2d 443, 447 (S.D.N.Y. 2001) (“[T]he mere fact that the effects of a single, wrongful act continue to be felt over a period of time does not render that single, wrongful act a ‘continuing violation.’ ”). {25} This Court has previously rejected the continuing violation theory in the context of employ 2013Still other courts have refused to apply it where the plaintiff’s “claims are based on a single decision that results in lasting negative effects.” Novella v. Westchester Cnty., 661 F.3d 128, 146 (2d Cir. 2011) (internal quotation marks and citation omitted); see Schultz v. Texaco Inc., 127 F. Supp. 2d 443, 447 (S.D.N.Y. 2001) (“[T]he mere fact that the effects of a single, wrongful act continue to be felt over a period of time does not render that single, wrongful act a ‘continuing violation.’ ”). {25} This Court has previously rejected the continuing violation theory in the context of employ | 3 | 3 |
Schultz v. Texaco Inc.green2 sentences2013Still other courts have refused to apply it where the plaintiff’s “claims are based on a single decision that results in lasting negative effects.” Novella v. Westchester Cnty., 661 F.3d 128, 146 (2d Cir. 2011) (internal quotation marks and citation omitted); see Schultz v. Texaco Inc., 127 F. Supp. 2d 443, 447 (S.D.N.Y. 2001) (“[T]he mere fact that the effects of a single, wrongful act continue to be felt over a period of time does not render that single, wrongful act a ‘continuing violation.’ ”). {25} This Court has previously rejected the continuing violation theory in the context of employ 2013Still other courts have refused to apply it where the plaintiff’s “claims are based on a single decision that results in lasting negative effects.” Novella v. Westchester Cnty., 661 F.3d 128, 146 (2d Cir. 2011) (internal quotation marks and citation omitted); see Schultz v. Texaco Inc., 127 F. Supp. 2d 443, 447 (S.D.N.Y. 2001) (“[T]he mere fact that the effects of a single, wrongful act continue to be felt over a period of time does not render that single, wrongful act a ‘continuing violation.’ ”). {25} This Court has previously rejected the continuing violation theory in the context of employ | 3 | 3 |
Concha v. Sanchezgreen1 sentence2018See id. | 1 | 1 |
Gonzales v. New Mexico Department of Healthgreen2 sentences2010Nevertheless, like hostile environment cases, cases involving retaliation resulting in constructive discharge may “involve repeated conduct over days or years and individual acts of [retaliation] may not be separately actionable.” Id; see also Gonzales v. New Mexico Dep’t of Health, 2000-NMSC-029 , ¶¶23, 25, 129 N.M. 586 , 11 P.3d 550 (holding that a jury could reasonably conclude that the evidence supported the plaintiffs claim of retaliation based on evidence that the plaintiff was criticized, called a troublemaker, transferred to a more remote building, not informed of, and denied access to 2010Nevertheless, like hostile environment cases, cases involving retaliation resulting in constructive discharge may “involve repeated conduct over days or years and individual acts of [retaliation] may not be separately actionable.” Id; see also Gonzales v. New Mexico Dep’t of Health, 2000-NMSC-029 , ¶¶23, 25, 129 N.M. 586 , 11 P.3d 550 (holding that a jury could reasonably conclude that the evidence supported the plaintiffs claim of retaliation based on evidence that the plaintiff was criticized, called a troublemaker, transferred to a more remote building, not informed of, and denied access to | 1 | 1 |
Gallegos v. City of Denvergreen1 sentence2006See Lee v. Rocky Mountain UFCW Unions & Employers Trust Pension Plan, No. 92-1308, 13 F.3d 405 , 1993 WL 482951, at *1 (10th Cir. Nov.23, 1993) (unpublished) (“[W]hile the plaintiff in Aldrich alleged specific facts that supported tolling the statute of limitations, Ms. Lee merely makes the bald-faced allegation that if she were given the opportunity to develop additional facts through discovery, she might be able to prove a continuing violation or inequitable conduct by Rocky Mountain. | 1 | 1 |
Fern C. Lee v. Rocky Mountain Ufcw Unions and Employers Trust Pension Plangreen1 sentence2006See Lee v. Rocky Mountain UFCW Unions & Employers Trust Pension Plan, No. 92-1308, 13 F.3d 405 , 1993 WL 482951, at *1 (10th Cir. Nov.23, 1993) (unpublished) (“[W]hile the plaintiff in Aldrich alleged specific facts that supported tolling the statute of limitations, Ms. Lee merely makes the bald-faced allegation that if she were given the opportunity to develop additional facts through discovery, she might be able to prove a continuing violation or inequitable conduct by Rocky Mountain. | 1 | 1 |
Arthur Taylor v. General Motors Corporation and Metropolitan Life Insurance Companygreen1 sentence1995See, e.g., Kyriakopoulos v. George Washington Univ., 866 F.2d 438, 443 (D.C.Cir.1989) (failure to cure a previous breach of contract does not constitute a new breach); Taylor v. General Motors Corp., 826 F.2d 452, 456 (6th Cir.1987) (proper focus is upon the time of the failure to promote, not upon the time of the consequences); Hollinger-Haye v. Harrison Western/Franki-Denys, 729 F.Supp. 1397, 1399 (D.D.C.1990) (mem.) (denial of a promotion alone does not constitute a continuing violation); Prouty v. National R.R. | 1 | 1 |
Nicholas Kyriakopoulos v. George Washington Universitygreen1 sentence1995See, e.g., Kyriakopoulos v. George Washington Univ., 866 F.2d 438, 443 (D.C.Cir.1989) (failure to cure a previous breach of contract does not constitute a new breach); Taylor v. General Motors Corp., 826 F.2d 452, 456 (6th Cir.1987) (proper focus is upon the time of the failure to promote, not upon the time of the consequences); Hollinger-Haye v. Harrison Western/Franki-Denys, 729 F.Supp. 1397, 1399 (D.D.C.1990) (mem.) (denial of a promotion alone does not constitute a continuing violation); Prouty v. National R.R. | 1 | 1 |
Prouty v. National Railroad Passenger Corp.green1 sentence1995Passenger Corp., 572 F.Supp. 200, 207 (D.D.C.1983) (mem.) (no continuing wrong where all of plaintiffs allegations stem from defendant’s failure to promote). | 1 | 1 |
Hollinger-Haye v. Harrison Western/Franki-Denysgreen1 sentence1995See, e.g., Kyriakopoulos v. George Washington Univ., 866 F.2d 438, 443 (D.C.Cir.1989) (failure to cure a previous breach of contract does not constitute a new breach); Taylor v. General Motors Corp., 826 F.2d 452, 456 (6th Cir.1987) (proper focus is upon the time of the failure to promote, not upon the time of the consequences); Hollinger-Haye v. Harrison Western/Franki-Denys, 729 F.Supp. 1397, 1399 (D.D.C.1990) (mem.) (denial of a promotion alone does not constitute a continuing violation); Prouty v. National R.R. | 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 |
|---|---|---|
Ulibarri v. State of New Mexico Corrections Academy
green
2 sentences2010Consequently, “if one act contributing to a [retaliation] claim [based on a series of actions and not a single, discrete act] occurred within the filing period, all acts creating the [retaliation claim] may be considered.” Ulibarri, 2006-NMSC-009, ¶ 10 , 139 N.M. 193 , 131 P.3d 43 . {13} We must therefore consider whether Plaintiffs retaliation claim is based on a discrete act or on a cumulative series of acts. 2010Consequently, “if one act contributing to a [retaliation] claim [based on a series of actions and not a single, discrete act] occurred within the filing period, all acts creating the [retaliation claim] may be considered.” Ulibarri, 2006-NMSC-009, ¶ 10 , 139 N.M. 193 , 131 P.3d 43 . {13} We must therefore consider whether Plaintiffs retaliation claim is based on a discrete act or on a cumulative series of acts. | 1 | 2010–2010 |
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.