Arslan S. Umarov's Legal Cases (4)

Wrongful death

Trujillo v. Presbyterian Healthcare Services - N.M. Supreme Court (S-1-SC-40109, Feb. 20, 2025)

Feb 20, 2025

OUTCOME: Supreme Court Victory

The court held that vicarious liability claims are only extinguished through a release of claims arising out of an agent’s conduct or the exoneration of an agent through a disposition on the merits. A ... stipulated dismissal with prejudice does not serve as either a release or exoneration. The court clarified that vicarious liability is based on the agent's tortious conduct, not the agent's adjudicated liability. The court overruled previous case law to the extent it treated a dismissal with prejudice as a release, emphasizing that a release must be contractual in nature. https://nmonesource.com/nmos/sum/en/item/531162/index.do

Native peoples law

Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977, 2016 WL 3382082

Jun 16, 2016

OUTCOME: The New Mexico Supreme Court reversed the Court of Appeals. The Supreme Court sided with the Indian tribes on issue of sovereign immunity.

I worked on an amicus brief for the Mescalero Apache Tribe on issues of Indian sovereign immunity.

Business

Gaffney v. Robin Hood Water Users Ass'n, Inc., 2016 WL 589761 (N.M. Ct. App. Jan. 27, 2016)

Jan 27, 2016

OUTCOME: Won on Motion to Dismiss and Subsequent Appeal

Represented an association that got sued by a pro se individual for alleged violation of the New Mexico Inspection of Public Records Act. Won on the motion to dismiss. Won at the appeal level.

Appeals

Myers v. Armstrong, 2014-NMCA-051, 324 P.3d 388 (2014)

Feb 05, 2015

OUTCOME: Appellate victory.

Co-written with John D. Wheeler Appellee's Brief. The District Court's Judgment on the issue of restrictive covenants was affirmed. The district court enjoined Defendant from operating her dog-trai ... ning and boarding businesses on her residential property and ordered her to remove or alter the metal building she constructed to house the businesses. Defendant's activities were found to be in violation of the restrictive covenants of the subdivision where her property was located.

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