Stansell v. New Mexico Lottery

OPINION

WECHSLER, Judge.

{1} Plaintiffs Randy Stansell, Kenneth Nutt, and Chris Canning appeal the district court order dismissing their Unfair Practices Act claims, and the New Mexico Lottery (the Lottery) appeals the district court order denying its motion for attorney fees. We conclude that the Lottery is not a “person” under the Unfair Practices Act (UPA), NMSA 1978, §§ 57-12-1 to -26 (1967, as amended through 2007). We further conclude that Plaintiffs’ complaint was not groundless or frivolous. We affirm on both appeals.

BACKGROUND

{2} The Lottery is a governmental instrumentality…