Legal Opinion
Akins v. United Steel Workers of America
New Mexico Supreme Court
Decided June 22, 2010No. 31,637PublishedCited by 27 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future. Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we are asked to limit that liability by imposing a per se exclusion of punitive damages much as the U.S. Supreme Court has done for similar actions against federally regulated labor unions.…
2Cases cited29 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- International Brotherhood of Electrical Workers v. FoustSupreme Court of the United States · 1979
- Torres v. StateNew Mexico Supreme Court · 1995
- Ocana v. American Furniture Co.New Mexico Supreme Court · 2004
24 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
- Bhasker v. Kemper Cas. Ins. Co.District Court, D. New Mexico · 2019
- Obenauf v. Frontier Financial Group, Inc.District Court, D. New Mexico · 2011
- Flagstar Bank v. LichaNew Mexico Court of Appeals · 2015
- State v. CraneNew Mexico Supreme Court · 2014
22 more not listed; retrieve them via the Exa API.