Recently a lawsuit was filed by three state legislators attempting to stop the implementation of a water settlement with members of the Navajo Indian nation unless and until it received approval of the deal from the New Mexico Legislature. Now a similar issue arises –...
Month: May 2014
Extinguishing an Easement by Correcting the Record
The Amethyst Land Company, Inc. ("Amethyst") purchased a 22-acre parcel of land in the Santa Fe foothills via quitclaim deed from a development corporation, Desert Sunrise, which had itself two years earlier bought the parcel from Keith McDuffee. McDuffee was selling...
Plan of Adjustment in Detroit Bankruptcy facing difficult hurdles
When the City of Detroit proposed a plan of adjustment in its Chapter 9 bankruptcy action, there appeared to be some hope that the case could be wrapped up before the end of September. Currently, the City’s interests in the bankruptcy case have been handled by its...
Powers of all Three Branches at Issue in Navajo Water Settlement
Three members of the New Mexico Legislature filed a lawsuit challenging the validity of a settlement allocating a discrete amount of water from the San Juan River to the Navajo Indian nation. Back in 1948 a compact between the states of New Mexico, Colorado, Utah and...
New England Compounding Pharmacy in Bankruptcy Offers Fund to Compensate Claimants
In September 2012, the Centers for Disease Control and Prevention (CDC), in collaboration with state and local health departments and the Food and Drug Administration (FDA) , began investigating a multistate outbreak of fungal meningitis and other infections among...
New Mexico Unfair Practices Act Utilized by Victim of Improperly-Conducted Repossession
A particular repossession of an automobile belonging to a Rio Rancho resident who, in fact, had defaulted on his car loan, fell afoul of New Mexico's Unfair Practices Act ("UPA"), according to a recent United States District Court ruling. The court's opinion in Duke...
Otero County Ranchers Challenge Forest Service over Fence in Lincoln National Forest
As drought conditions erode the water supply throughout New Mexico, ranchers have become concerned over whether they can utilize sufficient water to profitably maintain their operations. The recent placement by the United States Forest Service of a fence preventing...
Trustee of Alleged “Sham Trust” Slated to Defend Its Operation At Trial
Frequently people facing particular legal problems will establish trusts for the benefit of their children or grandchildren when they fear that, if assets are not set aside for their beneficiaries, there will not be sufficient funds to maintain support of their...
Receiver’s Authority to Pursue Claims Tested in Stanford Ponzi Scheme Case
While the arrest of Bernie Madoff over 5 years ago for running a multibillion dollar Ponzi scheme which financially destroyed many of the people and institutions for which he promised to invest garnered the largest headlines, in fact, a much bigger swindle was...
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