Chavez v. Regents of the University of New Mexico

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that “New Mexico follows the principle that in the interests of justice and to promote the adjudication of a case upon its merits, amendments should be freely granted”
• noting that NMTCA “provides ‘the exclusive remedy against a governmental entity or public employee’” in the context of a wrongful death suit
• asserting that recovery under the New Mexico Wrongful Death Act “does not become part of the estate assets”
• discussing Rule 1-017(A) and “the principle that in the interests of justice and to promote the adjudication of a case upon its merits, amendments should be freely granted”
• “Once the defense is timely raised, the party claiming capacity, authority, or legal existence has the burden of proof on that issue.”
• view that relation back is not permitted under Rule 15(c) because appointment of the personal representative is jurisdictional is “unnecessarily restrictive”

Source: CourtListener parenthetical corpus (CC0).