exclusivity exception (New Mexico) · Go Syfert
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exclusivity exception in New Mexico

6 New Mexico opinions name it 2 courts 1995–2024 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.

Followed or applied (3)

CaseFollowedCited
Salswedel v. Enerpharm, Ltd.green
nmctapp · 1988 · cited in 2 New Mexico opinions naming this issue, 1995–1997
2 sentences

1997“Under the ‘dual persona’ Doctrine, an employer may become a third person, vulnerable to a tort suit by an employee, if, and only if, [the employer] possesses a second persona completely independent from and unrelated to [its] status as employer.” Salswedel v. Enerpharm, Ltd., 107 N.M. 728, 731 , 764 P.2d 499, 502 (Ct.App.1988) (citing 6 Larson, supra, at § 72.81 (1988)).

1997“The central requirement is that there be a separate and distinct legal persona rather than merely a second theory of liability in the same person.” Id. at 732, 764 P.2d at 503 ; see also 6 Larson, supra, at § 72.61(c). 8 Because both Singhas and Veronica Soriano’s dependents are receiving benefits from the State of New Mexico, and because Section 52-l-3(D) specifically provides that “[f]or purposes of this section, ‘state’ or ‘state agency’ means the State of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions,” § 52-l-3(C), we hold that the “Du

22
Morales v. Reynoldsgreen
nmctapp · 2004 · cited in 1 New Mexico opinions naming this issue, 2024–2024
2 sentences

2024See Morales v. Reynolds, 2004-NMCA-098, ¶ 14 , 136 N.M. 280 , 97 P.3d 612 (determining that the requirements and comparable degree of egregiousness of Delgado guide the plaintiff’s burden to overcome a pretrial motion concerning the conduct alleged by the plaintiff).

2024See Morales v. Reynolds, 2004-NMCA-098, ¶ 14 , 136 N.M. 280 , 97 P.3d 612 (determining that the requirements and comparable degree of egregiousness of Delgado guide the plaintiff’s burden to overcome a pretrial motion concerning the conduct alleged by the plaintiff).

11
Moffat v. Branchgreen
nmctapp · 2002 · cited in 1 New Mexico opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., Moffat v. Branch, 2002- 16 NMCA-067, ¶ 23, 132 N.M. 412 , 49 P.3d 673 (“There is no question that the district 17 court’s letter decision did not constitute a final order.

2013See, e.g., Moffat v. Branch, 2002- 16 NMCA-067, ¶ 23, 132 N.M. 412 , 49 P.3d 673 (“There is no question that the district 17 court’s letter decision did not constitute a final order.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Padilla v. Wall Colmonoy Corp. green
nmctapp · 2006
2 sentences

2015Padilla v. Wall Colmonoy Corp., 2006-NMCA-137, ¶ 9 , 140 N.M. 630 , 145 P.3d 110 .

2015Padilla v. Wall Colmonoy Corp., 2006-NMCA-137, ¶ 9 , 140 N.M. 630 , 145 P.3d 110 .

12015–2015
Delgado v. Phelps Dodge Chino, Inc. green
nm · 2001
2 sentences

2014Plaintiff contends that the district court erred in 4 concluding that the facts alleged in his amended complaint failed to state a claim 5 within the exclusivity exception to the New Mexico Workers’ Compensation Act (the 6 Act), first recognized in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034 , 131 7 N.M. 272 , 34 P.3d 1148 .

2014Plaintiff contends that the district court erred in 4 concluding that the facts alleged in his amended complaint failed to state a claim 5 within the exclusivity exception to the New Mexico Workers’ Compensation Act (the 6 Act), first recognized in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034 , 131 7 N.M. 272 , 34 P.3d 1148 .

12014–2014

Statutes the citing opinions construe

NM § N.M. Stat. § 52-1-1 (3)

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.

Where else courts name it

CA 80 (1981–2026) NY 46 (1964–2026) NJ 28 (1960–2026) PA 23 (1975–2023) TX 21 (1983–2021) IL 21 (1981–2025) ME 20 (1994–2026) CT 19 (1985–2024) MS 17 (1988–2022) FL 17 (1983–2011) MI 15 (1978–2023) MA 13 (1992–2019) MT 12 (1979–2010) GA 12 (2005–2026) OH 11 (1988–2023) MD 11 (1985–2025) DE 10 (1983–2025) CO 10 (1992–2024) WA 10 (1991–2024) IA 9 (1988–2026) AL 9 (1987–2016) MO 9 (1985–2016) MN 9 (1986–2017) WI 8 (1984–2010) NC 7 (1993–2004) ID 6 (2016–2026) NM 6 (1995–2024) IN 6 (1989–2005) VA 6 (1998–2023) LA 6 (1981–2007) VT 5 (2004–2026) RI 5 (1997–2010) WV 5 (1987–2012) TN 4 (1991–2018) AR 4 (1991–2020) DC 3 (1995–2024) VI 3 (2002–2008) SC 3 (1989–2014) UT 2 (2004–2009) OR 2 (1979–2015) NE 2 (1994–2013) AK 2 (1989–2002)

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.

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