Modrall Sperling Law Firm

Employment Law Alert – May 2016

View as PDF Articles: What New Mexico Employers Need to Know about the U.S. Supreme Court’s Recent Decision Regarding Constructive Discharge Claims  On May 23, 2016, the United States Supreme Court decided that an employee’s time to file a discrimination charge for…

POSTED IN: Alerts

Tribal Nations, CERCLA Litigation, and Sovereign Immunity

Introduction: In Atlantic Richfield Co. v. Pueblo of Laguna, The Federal Court in New Mexico recently ruled that a tribal entity had partially waived sovereign immunity, allowing a limited claim against it under the Comprehensive Environmental, Response, Compensation, and Liability Act (“CERCLA”).[1.No. 15-cv-0056,…

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Deal or no Deal? – Partial Dismissal of CERCLA Claims Against United States and Tribal Entities

Three companion decisions in Atlantic Richfield Co. v. U.S. et. al., Case No. 1:15-cv-00056, in the U.S. District Court for the District of New Mexico, provide insight on the CERCLA statute of limitations, potential pitfalls in pleading CERCLA claims, and the defense of…

POSTED IN: Articles

Endangered Species Act Issues Relevant to Public Lands

On March 1, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Fish and Wildlife Service’s (“Service”) decision to not list the dunes sagebrush lizard.[1. Defenders of Wildlife, v. Sally Jewell, 2016 WL 790900 (D.C. Cir….

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HIPAA for New Mexico Covered Entity Employers: Avoiding Penalties

The complexity of the Health Insurance Portability and Accounting Act (HIPAA) makes it difficult for well-intentioned employers to ensure compliance with its provisions. We often field calls from New Mexico employers asking if HIPAA applies in certain situations and what steps they…

POSTED IN: Articles

The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects

A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National Environmental Policy Act (“NEPA”).  In December 2015, Congress enacted and President Obama signed into law the…

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Are New Mexico Employers Required to Accommodate Obesity Under the ADA?

Between 25% and 30% of all adults in New Mexico are obese.[1. United States Centers for Disease Control and Prevention]  With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly faced with issues regarding whether or not…

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Energy & Resources Notes – Spring 2016

View as PDF The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National…

POSTED IN: Alerts

Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members

Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….

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Two Trailblazing ABA Presidents Meet at UNM School of Law

When the American Bar Association President visited New Mexico in April, it provided a unique opportunity:  Paulette Brown, as the first woman of color to lead the ABA,…

POSTED IN: News

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Employment Law
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