MURKEN v. SOLV-EX CORPORATION

No. 25,468.

136 P.3d 1043 (2006)

139 N.M. 633

2006-NMCA-065

Arlo and Joyce MURKEN, on behalf of themselves and all others similarly situated, Plaintiffs, v. SOLV-EX CORPORATION, W. Jack Butler, Defendants, and John S. Rendall, Defendant-Appellant, and Deutsche Morgan Grenfell, Inc., Defendant-Appellee.

Court of Appeals of New Mexico.

April 25, 2006.


Attorney(s) appearing for the Case

John S. Rendall, Albuquerque, NM, Pro Se Appellant.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., John R. Cooney, Charles A. Armgardt, Albuquerque, NM, Milbank, Tweed, Hadley & McCloy, LLP, Jeffrey Barist, New York, NY, Milbank, Tweed, Hadley & McCloy, LLP, Michael D. Nolan, Andrew M. Leblanc, Washington, D.C., for Appellee.


OPINION

PICKARD, Judge.

{1} This case requires us to decide whether a non-settling defendant in a class action has standing to object to a court-approved settlement entered into by the class plaintiffs and another defendant. We hold that, while there may be instances in which a non-settling defendant may have such standing, the case at bar is not one of them. We therefore reject all of the non-settling defendant's arguments seeking to nullify the order approving...

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