
New Hampshire Supreme Court
Cases Accepted - November 2000
* denotes appealing parties
00-005 State of NH v. Osborne,* William F.
Attorney General Erland C.L. McLetchie
Burglary, unsworn falsification, false report to law
enforcement officer - failure to dismiss charges of
false report to law enforcement officer and unsworn
falsification; exclusion of impeachment evidence
00-162 Metropolitan Life v. Vetrone,* Peter, Paul
Insurance Company Breault, William Smart,
Blake Sutton David A. Kutcher d/b/a
Michael F.X. Dolan, Jr. DAK Financial Group,
Kristen Howard Corp.
Andrew D. Dunn
Margaret A. O'Brien
Conversion, interference with contractual relations,
negligent hiring and supervision, Consumer Protection
Act, Trade Secrets Act - numerous issues including
scope of Consumer Protection Act; whether Trade Secrets
Act is exclusive remedy for misappropriation of
confidential corporate information; whether identify of
every policy holder and prospect contacted by insurance
company is a trade secret; whether trade secrets are
chattel; erronous jury instructions on damages; whether
offset to damages applies before or after damages are
doubled under Consumer Protection Act; sufficency of
evidence; reasonableness of noncompetition agreement
00-183 John A. Cookson Company* v. N.H. Ball Bearings, Inc.,
Jeffrey B. Osburn NMB Corporation
Thomas J. Pappas Michael C. Harvell
Michael J. Lambert
Breach of contract, negligence, post-termination
commissions - arbitration award; whether RSA chapter
339-E applies to corporations; failure of arbiter to
include interest; failure to award damages resulting
from defendants' tortious conduct and improper
reduction of damages; whether court erred in requiring
arbitration of tort and statutory claims
00-406 State of NH v. Foss,* Ralph Michael
Attorney General James E. Duggan
Caroline L. Smith
Aggravated felonious sexual assault - numerous issues
including consolidation of charges and refusal to
sever; admission of prior bad acts; admission of
hearsay; sufficiency of evidence; jury instruction
regarding corroboration; failure to continue sentencing
until after retrial on charges upon which jury could
not agree
00-435 Allen, Gordon,* v. State of NH
Keith Boatright Attorney General
Barbara Carlson,
James Coffey, Gordon
Hale, Marcia Ober,
Nathaniel Ober, Benjamin
Pratt, Twila Tenney
William C. Saturley
School funding - cooperative school districts; which of
the cooperative school district and the pre-existing
districts is the "taxing district" for taxes assessed
to pay for educational services in the cooperative
school district beyond those paid for using State
funds; interlocutory transfer without ruling
00-439 In re William S.*
James E. Duggan
Dennis R. O'Connor
Attorney General
Felonious sexual assault, criminal threatening - habeas
corpus; whether due process violated in case involving
extended jurisdiction over a juvenile by imposition of
deferred sentence without certain conditions; whether
due process violated by dispositional order imposing
adult probation conditions without specifying a fixed
period of probation
00-459 In re Erik M.*
James E. Duggan
Gary Apfel
Attorney General
Negligent homicide - certification of juvenile to stand
trial as adult; whether superior court erred in
accepting certification absent written statement of
findings and reasons for transfer; whether
certification is appropriate when State cannot prove
underlying charge; whether court erred by canceling
evidentiary hearing on motion to accept certification
00-577 Sult, Timothy v. DiGregorio,* Christine,
pro se John Simpson
Brian Shaughnessy
Landlord-tenant - eviction; whether court erred by
entering monetary judgment when plaintiff did not
request one; failure of plaintiff to comply with
procedural requirements for summary possession action;
whether court erred by entering judgment on landlord-
tenant writ that was issued prior to expiration of
notice to quit; whether eviction action for late
payment of rent violated RSA 540:9
00-653 CIGNA HealthCare, Inc. f/k/a Healthsource New
Hampshire,
Inc.,* Petition of
Kevin M. Fitzgerald
Arpiar G. Saunders, Jr.
Ovide M. Lamontagne
William E. Brennan
Contracts for healthcare services - mandamus and
prohibition; failure of probate court to rule on
whether it lacks subject matter jurisdiction; issuance
of injunction preventing exercise of contractual right
of set-off; failure of court to compel arbitration;
probate court order compelling withdrawal of motion in
superior court seeking arbitration