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NM Court of Appeals Schedules May 15, 10:00 AM Hearing

May 7, 2018 - Logan Migliore

COA LogoThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, May 15, 2018. The oral argument is open to the public and begins at 10 A.M.

A three-judge panel will preside: Judge M. Monica Zamora (’87), Judge Stephen G. French and Judge Henry Bohnhoff

Following are the details of the case:

ALISHA TAFOYA LUCERO, Plaintiff-Appellee, represented by Daniel M. Faber

v.

NEW MEXICO CORRECTIONS DEPARTMENT, Defendant-Appellant, represented by Ellen S. Casey and Jaclyn M. McLean

AMICI CURIAE SWLC, NOW NM, AAUW NM, Alice T. Lorenz and Angelica Hall

AMICUS CURIAE NM ASS’N OF COUNTIES, Peter Auh

Plaintiff-Appellee filed suit against Defendant-Appellant in state district court under New Mexico's Fair Pay for Women Act. Defendant-Appellant filed a Motion and Memorandum in Support of Defendant's Motion to Dismiss, arguing that the State was immune from suit under FPWA and that the Legislature had neither waived that immunity nor expressed an intent to include the State or its agencies within the Act's universe of possible defendant employers. The court issued its Order Denying Defendant's Motion to Dismiss on Tort Claim Immunity and Granting Immunity Protection to Punitive Damages Claim. Defendant-Appellee filed a Petition for Writ of Error which the Court granted. The Court's Order granting the Petition instructed the parties to specifically address "whether the gove1nmental immunity at issue in this case satisfies the requirements of the collateral order doctrine; specifically, whether the immunity at issue should be construed as immunity from suit or as immunity from liability."

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