the Lottery argues that Plaintiffs’ referring to the Lottery as “an agency of the State of New Mexico” in their complaint and issuing their summons and complaint on the State of New Mexico refute their own claims. We are not persuaded. {16} Section 57-12-10(C) states that “[t]he court shall award attorney fees and costs to the party charged with an unfair or deceptive trade practice ... if it finds that the party complaining of such trade practice brought an action that was groundless.” This Court interpreted Section 57-12-10(C) in G.E.W. Mechanical Contractors, Inc. v. Johnston Co., 115 N.M. 727, 733, 858 P.2d 103, 109 (Ct.App.1993), and stated to the lottery as a “state-operated lottery”); see also Bretton v. State Lottery Comm’n, 41 Mass.App.Ct. 736, 673 N.E.2d 76, 78 (1996) (<HOLDING>). Further, as demonstrated in our discussion
holding that the lottery commission as part of the commonwealth is not liable under the unfair practices act holding that a similar statutory provision in kentuckys whistleblowerprotection act was not surplusage because it ensured that the commonwealth    will be liable if   managers take actions later to be found a violation of the act but also to ensure that the commonwealth    cannot avoid liability by arguing that a    manager acted outside the scope of his or her employment holding that the government is liable under the ftca in the same respect as a private person under the law of the place where the act occurred holding that the commission is a commonwealth agency entitled to sovereign immunity holding that a cause of action exists under the connecticut unfair trade practices act for violations of the cuipa