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AKINS v. UNITED STEEL WORKERS OF AMERICA

No. 31,637.

237 P.3d 744 (2010)

2010-NMSC-031

Jackie AKINS, Plaintiff-Respondent, v. UNITED STEEL WORKERS OF AMERICA, AFL-CIO, CLC, LOCAL 187, Defendant-Petitioner.

Supreme Court of New Mexico.

June 22, 2010.

Attorney(s) appearing for the Case

Youtz & Valdez, P.C. Shane Youtz, Albuquerque, NM, Richard J. Brean, Pittsburgh, PA, for Petitioner.

Law Offices of W.T. Martin, Jr., P.A., Wilfred T. Martin, Jr., Lane T. Martin, Carlsbad, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future. Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as "DFR") to their members and are subject to suit for breach of that duty. In the case at bar, we are asked to limit that liability...

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