Legal Opinion

New Mexico Ex Rel. National Education Ass'n of New Mexico, Inc. v. Austin Capital Management Ltd.

District Court, D. New Mexico

Decided November 9, 2009No. CIV 09-0730 BB/KBMPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRUCE D. BLACK, District Judge.

This matter comes before the Court for consideration of a motion to remand filed by the relator Plaintiff, National Education Association of New Mexico (“NEA”). [Doc. 14] The Court has reviewed the submissions of the parties and the relevant law. Based on this review, the motion to remand will be granted. Given this resolution, the Court will not rule on Defendant’s motion to dismiss. [Doc. 13]

Procedural History

This is a qui tom action filed by NEA under New Mexico’s Fraud Against Taxpayers Act (“FATA”), NMSA §§ 44-9-1 to -14. NEA filed the…

2Cases cited9 opinions

  1. Moor v. County of AlamedaSupreme Court of the United States · 1973
  2. Ernst v. RisingCourt of Appeals for the Sixth Circuit · 2005
  3. United States ex rel. Eisenstein v. City of New YorkSupreme Court of the United States · 2009
  4. Sturdevant v. PaulsenCourt of Appeals for the Tenth Circuit · 2000
  5. South Carolina Department of Disabilities & Special Needs v. Hoover Universal, Inc.Court of Appeals for the Fourth Circuit · 2008

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3Cited by12 opinions

  1. Hutto v. South Carolina Retirement SystemCourt of Appeals for the Fourth Circuit · 2014
  2. Public School Retirement System v. State Street Bank & Trust Co.Court of Appeals for the Eighth Circuit · 2011
  3. Hill v. Vanderbilt Capital Advisors, LLCDistrict Court, D. New Mexico · 2011
  4. People ex rel. Foxx v. Facebook (In re Facebook, Inc., Consumer Privacy User Profile Litig.)District Court, N.D. California · 2019
  5. Public Employees Retirement Ass'n v. Clearlend SecuritiesDistrict Court, D. New Mexico · 2011

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