Legal Opinion

Akins v. United Steelworkers of America

New Mexico Court of Appeals

Decided March 13, 2009No. 27,132PublishedCited by 12 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} In this case, we determine that there is no need to address the first-impression question of choosing which statute of limitations applies to civil suits between public employees and their unions. The options rest between the six-month statute of limitations for prohibited practices under the Public Employee Bargaining Act (the PEBA) and the four-year catch-all statute of limitations applied by the district court to this common-law suit for breach of a union’s duty of fair representation (the DFR). Determining that the six-month statute of limitations does not apply…

2Cases cited40 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  5. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003

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3Cited by12 opinions

  1. Wilde v. WESTLAND DEVELOPMENT CO., INC.New Mexico Court of Appeals · 2010
  2. Akins v. United Steel Workers of AmericaNew Mexico Supreme Court · 2010
  3. Flagstar Bank v. LichaNew Mexico Court of Appeals · 2015
  4. Helena Chemical Co. v. UribeNew Mexico Court of Appeals · 2012
  5. Martinez v. New Mexico Department of TransportationNew Mexico Court of Appeals · 2011

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