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NM Court of Appeals Schedules August 26 Hearing

August 23, 2011 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Friday, August 26, 2011. The oral argument is open to the public and begins at 10 am.

A three-judge panel will preside: Judge Jonathan B. Sutin (`63), Judge Cynthia A. Fry ('81), and Judge Timothy L. Garcia ('84).

Following are the details of the case:

State of New Mexico, ex rel., Solsbury Hill, LLC, d/b/a Neumark Irrigation, Plaintiff-Appellee/Cross-Appellant, represented by James Rasmussen and Justin Breen


Liberty Mutual Insurance Company, Defendant-Appellant/Cross-Appellee, represented by Lillian G. Apodaca

Defendant-Appellant/Cross-Appellee appeals a reward to Plaintiff-Appellee/Cross-Appellant under a public works payment bond based on the argument that the burden of proof was on the plaintiff to show that unpaid materials were used in the particular project related to the bond, rather than on the defendant to show that they were not used. Plaintiff-Appellee/Cross-Appellant appeals the district court's decision to not award attorney's fees or post-judgment interest on on the unpaid claim.

Defendant-Appellant/Cross-Appellee's Brief in Chief
Plaintiff-Appellee/Cross-Appellant's Answer Brief
Defendant-Appellant/Cross-Appellee's Reply Brief
Plaintiff-Appellee/Cross-Appellant's Brief in Chief on Cross-Appeal
Defendant-Appellant/Cross-Appellee's Answer Brief on Cross-Appeal
Plaintiff-Appellee/Cross-Appellant's Reply Brief on Cross-Appeal

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