NM Court of Appeals Schedules August 21 Hearings

NM Court of AppealsThe New Mexico Court of Appeals has scheduled two hearings at the Pamela B. Minzner Law Center on Tuesday, August 21, 2012.

The first oral argument is open to the public and begins at 2:00 pm. A three-judge panel will preside: Judge Jonathan B. Sutin (`63), Judge Linda M. Vanzi ('95) and Judge J. Miles Hanisee.

Following are the details of the case:

PING LU, JILL MCKEON, RICHARD MCKEON, STEPHEN SPENCER, SPENCER STOPA, and JUDY C. WINNEGAR, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, represented by John C. Bienvenu, Kristina Martinez, Brendan K. Egan, Lynn Lincoln Sarko, T. David Copley, Amy Williams-Derry, Benjamin Gould

vs.

THE EDUCATION TRUST BOARD OF NEW MEXICO, THE EDUCATION PLAN TRUST OF NEW MEXICO, and THE STATE OF NEW MEXICO, Defendants-Appellees represented by Matthew E. Jackson, Joseph Goldberg, John W. Boyd, Vincent J. Ward

Plaintiffs-Appellants appeal the finding that the State has immunity against claims that a state college savings plan was mismanaged.

Plaintiffs-Appellants’ Brief in Chief
Defendants-Appellees’ Answer Brief
Plaintiffs-Appellants’ Reply Brief
New Mexico Education Trust and New Mexico Education Trust Board’s Amici Curiae Brief

The second oral argument is open to the public and begins at 3:30 pm.

A three-judge panel will preside: Judge Linda M. Vanzi (’95), Judge Timothy L. Garcia (’84), and Judge J. Miles Hanisee.

Following are the details of the case:

VIRGIL CLAUDE, Plaintiff-Appellee, represented by Adam D. Rafkin

vs.

THI OF NEW MEXICO AT ALBUQUERQUE, LLC, d/b/a SPECIALTY HOSPITAL OF ALBUQUERQUE, Defendant-Appellant represented by Lori D.Proctor

And

HEALTHSOUTH REHABILITATION HOSPITAL OF NEW MEXICO, LTD., d/b/a HEALTHSOUTH REHABILITATION HOSPITAL, THE FOUR HUMOURS HEALTHCARE, L.L.C., and LISA S. NOYA BURNETT, M.D., Defendants.

Defendant-Appellant challenges the trials court’s findings that the Plaintiff-Appellee was not bound by the arbitration agreement because the individual signing the agreement did not have the authority to bind him to such.

Defendant-Appellant’s Brief in Chief
Plaintiff-Appellee’s Answer Brief
Defendant-Appellant’s Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.

August 20, 2012