Legal Opinion
Flemma v. Halliburton Energy Services, Inc.
New Mexico Supreme Court
Decided May 30, 2013No. Docket 33,353PublishedCited by 3 opinions
1Opinion of the Court
OPINION
VIGIL, Justice.
This case presents a conflict of laws issue that requires us to determine whether enforcement of an arbitration agreement, formed in the State of Texas, would offend New Mexico public policy to overcome our traditional choice of law rule, which requires that we apply the law of the jurisdiction in which the contract was formed. We conclude that the agreement formed in Texas would be unconscionable under New Mexico law, and it therefore violates New Mexico public policy. Thus, we apply New Mexico law and conclude that no valid agreement to arbitrate exists between the…
2Cases cited26 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Perry v. ThomasSupreme Court of the United States · 1987
- Catherine Ingle v. Circuit City Stores, Inc., a Virginia CorporationCourt of Appeals for the Ninth Circuit · 2003
- Teresita J. Dumais v. American Golf Corporation, Doing Business as Paradise Hills Golf Club, a Foreign Corporation and William WinklerCourt of Appeals for the Tenth Circuit · 2002
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3Cited by3 opinions
- Flemma v. Halliburton Energy Servs., Inc.New Mexico Supreme Court · 2013
- Miller v. Cincinnati Ins. Co.District Court, D. New Mexico · 2018
- Miller v. Cincinnati Ins. Co.District Court, D. New Mexico · 2018