Legal Opinion
Ping Lu v. Education Trust Board
New Mexico Court of Appeals
Decided October 22, 2012No. Docket 31,363PublishedCited by 8 opinions
1Opinion of the Court
OPINION
VANZI, Judge.
{1} In this appeal, we consider whether the district court properly dismissed the State of New Mexico as a defendant in a class action suit for breach of contract on the basis of sovereign immunity. The district court dismissed the State after determining that a specific statutory provision of the Education Trust Act (the Act), NMSA 1978, Sections 21-21K-1 to -7 (1997, as amended through 2011), addressing sources of monetary recovery for liabilities or contractual obligations arising under the Act amounted to sovereign immunity for the State. See §21-21K-3(C). We conclude…
2Cases cited22 opinions
- Hicks v. StateNew Mexico Supreme Court · 1976
- Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
- New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007
- State v. SantillanesNew Mexico Supreme Court · 2001
- State v. MaestasNew Mexico Supreme Court · 2006
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3Cited by8 opinions
- Wolinsky v. N.M. Corrections Dep'tNew Mexico Court of Appeals · 2018
- Hamaatsa, Inc. v. Pueblo of San FelipeNew Mexico Supreme Court · 2013
- Hamaatsa, Inc. v. Pueblo of San FelipeNew Mexico Court of Appeals · 2013
- Hamaatsa, Inc. v. Pueblo of San FelipeNew Mexico Court of Appeals · 2013
- Rodarte v. Presbyterian Ins. Co.New Mexico Court of Appeals · 2016
3 more not listed; retrieve them via the Exa API.