Legal Opinion

Ramirez v. State Children, Youth & Families Department, Dorian Dodson

New Mexico Supreme Court

Decided April 14, 2016No. 34,613PublishedCited by 3 opinions

1Opinion of the Court

OPINION

NAKAMURA, Justice.

{1} We are called to decide whether a New Mexico National Guard member may assert a claim against the State as employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. §§ 4301-4335 (2012). Phillip Ramirez, a member of the New Mexico Army National Guard, was employed by the New Mexico Children, Youth and Families Department (CYFD). In July 2005, Ramirez was ordered to federal active duty and deployed to Iraq. After Ramirez returned to work in New Mexico, CYFD terminated his employment. Ramirez sued CYFD, asserting a…

2Cases cited27 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  5. Alden v. MaineSupreme Court of the United States · 1999

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3Cited by3 opinions

  1. Nash v. Bd. of Cnty. Comm'rs of Catron Cnty. and Belen Consol. Sch. Dist. v. Valencia Cnty.New Mexico Supreme Court · 2020
  2. N.M. State Land Off. v. Siddens & Dodson, LLPNew Mexico Court of Appeals · 2025
  3. Ramirez v. CYFDNew Mexico Supreme Court · 2016

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