AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In July 2005, the New Mexico Medical Board (Board) issued a notice of contemplated action (NCA) against Dr. George Schwartz, alleging inadequate medical record maintenance for over 55 patients, unaccounted possession of over 1,000 doses of controlled substances, and unjustified prescription of large amounts of controlled substances to certain patients. Following a hearing and subsequent legal proceedings, Schwartz agreed to an Order to surrender his New Mexico medical license and not to seek licensure in the United States again. The Board's posting of related documents on its website led Schwartz to file a lawsuit alleging defamation and breach of contract.

Procedural History

• District Court of Santa Fe County, Sarah M. Singleton, District Judge: Reversed the Board's decision to revoke Schwartz's license, citing the need for additional continuances to retain counsel, and remanded for a new hearing.
• District Court: Initially denied the Board's motion to dismiss the defamation claim and motion for summary judgment on the contract claim, but later granted the Board's motion for summary judgment on the breach of contract claim after additional factual information was provided.

Parties' Submissions

• Plaintiff-Appellant (Schwartz): Argued that the Board's posting of documents related to his licensing issues on its website constituted defamation and breached the contract established by the Order. He contended that the documents were not public records subject to inspection and that their publication violated the Order and the New Mexico Inspection of Public Records Act (IPRA).
• Defendant-Appellee (Board): Contended that the Order did not prohibit the public posting of the documents and that such action was in compliance with IPRA. The Board argued that the documents were public records and that their posting was consistent with the Board's usual practice and regulations.

Legal Issues

• Whether the Board's posting of documents related to Schwartz's licensing issues on its website violated the Order and constituted defamation.
• Whether the documents posted by the Board were public records subject to inspection under the New Mexico Inspection of Public Records Act (IPRA).
• Whether the law of the case doctrine precluded the district court from granting summary judgment in favor of the Board on the breach of contract claim.
• Whether the settlement (Order) was illegal and arose from fraud in the inducement.

Disposition

• The Court of Appeals affirmed the district court's grant of summary judgment in favor of the New Mexico Medical Board.

Reasons

• The Court of Appeals, per Judge Linda M. Vanzi, with Chief Judge Celia Foy Castillo and Judge Michael D. Bustamante concurring, held that the Order did not prohibit the Board from making the documents public and that the Board could not agree to violate IPRA. The court found no basis for Schwartz's contention that the Board agreed not to publish the documents, especially since they were available for public inspection through other means. The court also determined that the documents posted were public records subject to public inspection and that the law of the case doctrine did not apply to the district court's consideration of the Board's second motion for summary judgment. Finally, the court declined to address Schwartz's arguments regarding the legality of the Order and allegations of fraud in the inducement due to lack of preservation for appellate review.