PING LU v. EDUCATION TRUST BD. OF NEW MEXICO

No. 31,363.

293 P.3d 186 (2012)

2013-NMCA-010

PING LU, Jill McKeon, Richard McKeon, Stephen Spencer, Spencer Stopa, and Judy C. Winnegar, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, v. The EDUCATION TRUST BOARD OF NEW MEXICO, the Education Plan Trust of New Mexico, and the State of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

October 22, 2012.


Attorney(s) appearing for the Case

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, John C. Bienvenu , Kristina Martinez , Brendan K. Egan , Santa Fe, NM, Keller Rohrback LLP, Benjamin Gould , Seattle, WA, for Appellants.

Gary K. King , Attorney General, Matthew E. Jackson , Assistant Attorney General, Santa Fe, NM, for Appellees.

Freedman Boyd Hollander Goldberg, Ives & Duncan, P.A., Joseph Goldberg , John W. Boyd , Vincent J. Ward , for Amici Curiae.


OPINION

VANZI, Judge.

{1} In this appeal, we consider whether the district court properly dismissed the State of New Mexico as a defendant in a class action suit for breach of contract on the basis of sovereign immunity. The district court dismissed the State after determining that a specific statutory provision of the Education Trust Act (the Act), NMSA 1978, Sections 21-21K-1 to -7 (1997, as amended through 2011), addressing sources of monetary...

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