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7 New Mexico opinions name it 2 courts 1976–2015 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 |
|---|---|---|
Terrazas v. Garland & Loman, Inc.green2 sentences2015Terrazas v. Garland & Loman, Inc., 2006-NMCA-111, ¶¶ 12, 14 , 140 N.M. 293 , 142 P.3d 374 (stating that “New Mexico courts have steadfastly applied the lex loci delicti rule in tort cases”); see Restatement (Second) of Conflict of Laws § 6 (1971); 15A C.J.S. 2015Terrazas v. Garland & Loman, Inc., 2006-NMCA-111, ¶¶ 12, 14 , 140 N.M. 293 , 142 P.3d 374 (stating that “New Mexico courts have steadfastly applied the lex loci delicti rule in tort cases”); see Restatement (Second) of Conflict of Laws § 6 (1971); 15A C.J.S. | 2 | 2 |
FIRST NAT. BANK IN ALBUQUERQUE v. Bensongreen2 sentences2006E.g., Benson, 89 N.M. at 481 , 553 P.2d at 1288 (applying New Mexico law to a wrongful death action arising out of an airplane crash in New Mexico in which all of the plaintiffs decedents were Missouri residents and the accident occurred as the plane was flying from Las Vegas, Nevada, to Missouri); State Farm Mut. 2006E.g., Benson, 89 N.M. at 481 , 553 P.2d at 1288 (applying New Mexico law to a wrongful death action arising out of an airplane crash in New Mexico in which all of the plaintiffs decedents were Missouri residents and the accident occurred as the plane was flying from Las Vegas, Nevada, to Missouri); State Farm Mut. | 2 | 2 |
Torres v. Stategreen2 sentences2008Even were we to apply a Restatement (Second) analysis, New Mexico law would still govern the outcome of this particular dispute.”); In Re Gilmore, 1997-NMCA-103, ¶ 20 , 124 N.M. 119 , 946 P.2d 1130 ("The approach, if not the result, [taken by the New Mexico Supreme Court] in Torres is consistent with the Restatement Second____Although our Supreme Court has followed the Restatement Second in some respects — principally, with regard to forum non conveniens, and jurisdiction' — we are well aware that it has not embraced the Restatement Second with respect to choice-of-law issues in either tort or 2008Even were we to apply a Restatement (Second) analysis, New Mexico law would still govern the outcome of this particular dispute.”); In Re Gilmore, 1997-NMCA-103, ¶ 20 , 124 N.M. 119 , 946 P.2d 1130 ("The approach, if not the result, [taken by the New Mexico Supreme Court] in Torres is consistent with the Restatement Second____Although our Supreme Court has followed the Restatement Second in some respects — principally, with regard to forum non conveniens, and jurisdiction' — we are well aware that it has not embraced the Restatement Second with respect to choice-of-law issues in either tort or | 1 | 2 |
Zamora v. Smalleygreen2 sentences1995See Zamora v. Smalley, 68 N.M. 45, 47 , 358 P.2d 362, 363 (1961) (stating that because accident occurred in Colorado, the law of that state applied); First Nat’l Bank in Albuquerque v. Benson, 89 N.M. 481, 481-82 , 553 P.2d 1288, 1288-89 (Ct.App.) (applying Zamora), cert. denied, 90 N.M. 7 , 558 P.2d 619 (1976). 1995See Zamora v. Smalley, 68 N.M. 45, 47 , 358 P.2d 362, 363 (1961) (stating that because accident occurred in Colorado, the law of that state applied); First Nat’l Bank in Albuquerque v. Benson, 89 N.M. 481, 481-82 , 553 P.2d 1288, 1288-89 (Ct.App.) (applying Zamora), cert. denied, 90 N.M. 7 , 558 P.2d 619 (1976). | 1 | 2 |
Bartlett v. New Mexico Welding Supply, Inc.red2 sentences2006Welding Supply, Inc., 98 N.M. 152, 159 , 646 P.2d 579, 586 (Ct.App.1982). {13} Plaintiffs and Texas Mutual argue that once Texas Mutual was allowed to intervene in order to enforce its statutory subrogation rights, 1 the character of this lawsuit changed from a personal injury lawsuit governed by New Mexico tort law into a workers’ compensation dispute governed by Texas law. 2 We are not persuaded that the facts of this case justify a departure from binding Supreme Court precedent endorsing the lex loci delicti rule. 2006Welding Supply, Inc., 98 N.M. 152, 159 , 646 P.2d 579, 586 (Ct.App.1982). {13} Plaintiffs and Texas Mutual argue that once Texas Mutual was allowed to intervene in order to enforce its statutory subrogation rights, 1 the character of this lawsuit changed from a personal injury lawsuit governed by New Mexico tort law into a workers’ compensation dispute governed by Texas law. 2 We are not persuaded that the facts of this case justify a departure from binding Supreme Court precedent endorsing the lex loci delicti rule. | 1 | 1 |
Wittkowski Ex Rel. Wittkowski v. State, Corrections Departmentgreen2 sentences1997We have said that the “place of the wrong is the location of the last act necessary to complete the injury.” Wittkowski v. State Corrections Dep’t, 103 N.M. 526, 528 , 710 P.2d 93, 95 (Ct.App.1985), overruled on other grounds by Silva v. State, 106 N.M. 472, 477 , 745 P.2d 380, 385 (1987). 1997We have said that the “place of the wrong is the location of the last act necessary to complete the injury.” Wittkowski v. State Corrections Dep’t, 103 N.M. 526, 528 , 710 P.2d 93, 95 (Ct.App.1985), overruled on other grounds by Silva v. State, 106 N.M. 472, 477 , 745 P.2d 380, 385 (1987). | 1 | 1 |
Silva v. Stategreen2 sentences1997We have said that the “place of the wrong is the location of the last act necessary to complete the injury.” Wittkowski v. State Corrections Dep’t, 103 N.M. 526, 528 , 710 P.2d 93, 95 (Ct.App.1985), overruled on other grounds by Silva v. State, 106 N.M. 472, 477 , 745 P.2d 380, 385 (1987). 1997We have said that the “place of the wrong is the location of the last act necessary to complete the injury.” Wittkowski v. State Corrections Dep’t, 103 N.M. 526, 528 , 710 P.2d 93, 95 (Ct.App.1985), overruled on other grounds by Silva v. State, 106 N.M. 472, 477 , 745 P.2d 380, 385 (1987). | 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 |
|---|---|---|
Matter of Estate of Gilmore
green
2 sentences2008Even were we to apply a Restatement (Second) analysis, New Mexico law would still govern the outcome of this particular dispute.”); In Re Gilmore, 1997-NMCA-103, ¶ 20 , 124 N.M. 119 , 946 P.2d 1130 ("The approach, if not the result, [taken by the New Mexico Supreme Court] in Torres is consistent with the Restatement Second____Although our Supreme Court has followed the Restatement Second in some respects — principally, with regard to forum non conveniens, and jurisdiction' — we are well aware that it has not embraced the Restatement Second with respect to choice-of-law issues in either tort or 2008Even were we to apply a Restatement (Second) analysis, New Mexico law would still govern the outcome of this particular dispute.”); In Re Gilmore, 1997-NMCA-103, ¶ 20 , 124 N.M. 119 , 946 P.2d 1130 ("The approach, if not the result, [taken by the New Mexico Supreme Court] in Torres is consistent with the Restatement Second____Although our Supreme Court has followed the Restatement Second in some respects — principally, with regard to forum non conveniens, and jurisdiction' — we are well aware that it has not embraced the Restatement Second with respect to choice-of-law issues in either tort or | 1 | 2008–2008 |
Hall Motor Freight v. Montgomery
green
2 sentences1976Hall Motor Freight v. Montgomery, 357 Mo. 1188 , 212 S.W.2d 748 (1948); 16 Am.Jur.2d, Conflict of Laws § 71 (1964). 1976Hall Motor Freight v. Montgomery, 357 Mo. 1188 , 212 S.W.2d 748 (1948); 16 Am.Jur.2d, Conflict of Laws § 71 (1964). | 1 | 1976–1976 |
First National Bank in Fort Collins v. Rostek
green
2 sentences1976For a review of those states which follow the lex loci delicti rule and the "significant contacts choice of laws" rule, together with extensive law review articles on this subject, see, First National Bank in Fort Collins v. Rostek, 182 Colo. 437 , 514 P.2d 314 (1973). 1976For a review of those states which follow the lex loci delicti rule and the "significant contacts choice of laws" rule, together with extensive law review articles on this subject, see, First National Bank in Fort Collins v. Rostek, 182 Colo. 437 , 514 P.2d 314 (1973). | 1 | 1976–1976 |
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.