| 98-640 | State of NH Attorney General |
v. | MacDonald,* Diane pro se |
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| Operating after suspension, transporting alcoholic beverage; whether police officer lawfully detained defendant absent belief that defendant had committed, was about to commit, or was committing a crime | ||||||
| 00-046 | Littleton Stamp & Coin
Company, Inc.,* Appeal of (compensation appeals board) Jeffrey H. Karlin Donna M. Head |
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| Workers' compensation - whether Liberty Mutual is the responsible insurance carrier; whether board correctly applied test set forth in Appeal of Wausau; whether it is speculative to say that employee suffered loss of earning capacity when she cannot perform normal job but suffered no loss of income because employer provided modified work; lack of competent medical evidence that claimant suffered injury while Liberty Mutual was on the risk | ||||||
| 00-292 | State of NH Attorney General |
v. | Marquis,* David David M. Rothstein Ricardo St. Hilaire |
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| Reckless conduct, criminal
threatening - allowing postal inspector to sit on jury; exclusion of evidence that victim
had abused his spouse; whether minimum mandatory sentence of 3-6 years violated State
Constitution |
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| 00-322 | Brown,* John P. Jr., Appeal of
(board of mental health practice) pro se Attorney General |
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| Psychologist license - suspension; whether board erred by having single board member conduct prehearing conferences | ||||||
| 00-550 | State of NH Attorney General |
v. | Masucci,* Anthony David M. Rothstein Gordon Ferguson |
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| Driving while intoxicated, subsequent offense - sufficiency of evidence that defendant was in actual physical control of vehicle that was stationary and inoperable | ||||||
| 00-761 | Restaurant Design Group, Inc. Kris Durmer |
v. | Economides,* Ernest R. James Steiner |
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| Commercial lease - whether plaintiff retained right to exercise purchase option in lease when it failed to cure defaults during lease term; failure of trial court to give effect to lease default provision; whether certain rent that was paid should be credited towards purchase price; whether court erred in giving plaintiff option to renew lease if it is unsuccessful in concluding purchase | ||||||
| 00-787 | State of NH Attorney General |
v. | Nguyen,* Hung David M. Rothstein Andrew F. Cotrupi |
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| Conspiracy to commit first degree assault, criminal restraint - denial of new trial where victim testified inconsistently in trial of co-defendant; exclusion of medical records; admission of hearsay; whether jury charge broadened charging document; sufficiency of evidence | ||||||
| 00-789 | State of NH Attorney General |
v. | Plch,* Vaclav David M. Rothstein Barbara R. Keshen |
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| First degree murder - whether search warrant was supported by probable cause; whether police engaged in functional equivalent of interrogation after defendant invoked his right to counsel; whether defendant was adequately advised of his right to have counsel present during questioning; admission of evidence that defendant had been employed as chicken deboner; exclusion of evidence that victim used prescription medication; allowing jury access to video play back machine during deliberations | ||||||
| 00-795 | In the Matter of Joyce K.
Nyhan and William K. Nyhan* Helen McKittrick Joseph McKittrick L. Jonathan Ross Doreen F. Connor |
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| Divorce - whether court erred by valuing retirement accounts as of date of final hearing; sufficiency of evidence that respondent used marital assets after filing of divorce petition to increase value of retirement accounts; award of post-decree statutory interest pursuant to RSA chapter 336; whether court erred by accepting untimely motions for reconsideration | ||||||
| 00-808 | Binda, Jeffrey | v. | Royal Insurance Company* | |||
| Robert E. Mark and Cathleen E. Mark, Intervenors | ||||||
| Francis G. Murphy for
Plaintiff Mark S. Gearreald for intervenors |
Andrew D. Dunn James R. Fox |
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| Homeowners' and umbrella liability insurance - whether definition of "occurrence" in policy permits objective test to determine if event is expected or intended; misapplication of subjective test; failure to hold evidentiary hearing; cross-appeal - whether court erred by inquiring into underlying facts; whether defendant had duty to defend the plaintiff | ||||||
| 00-824 | Herman, Charles John A. Bell |
v. | Monadnock PR-24 Training Council, Inc.* Edward F. Patch |
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| Negligence - whether person who received certification card from nonprofit organization was an agent of organization; whether organization owes legal duty to person injured in connection with training session conducted by certified trainer; whether public employee may act simultaneously as State employee and agent of nonprofit organization; whether organization can be vicariously liable when the agent is co-employee of injured party and suit against agent is barred by Workers' Compensation Act; whether claim of reliance upon apparent authority is barred because plaintiff was required to participate in training as a condition of employment; sufficiency of evidence | ||||||
| 00-825 | State of NH Attorney General |
v. | Estes,* Marc W. David M. Rothstein Stephen E. Gaige |
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| Felonious sexual assault - admission of statements made by defendant to State’s witness that were not provided to defense counsel in pretrial discovery; sufficiency of evidence | ||||||
| 00-826 | Harrold, Robert, Mary Lou Harrold Craig N. Salomon |
v. | Beaudry,* Lisa M., Dunvegan Woods Unit Owners Association, Inc., The Commons Property Management, Inc. Lawrence S. Forsley Christopher E. Grant |
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| Nuisance - attorney's fees; whether court erred in finding defendant Beaudry acted in bad faith; denial of opportunity to present evidence or for separate hearing; imposition of unwarranted sanction of attorney's fees | ||||||
| 00-827 | State Employees Association of
New Hampshire, Inc.,* Appeal of (public employee labor relations board) Michael C. Reynolds Renny Perry, Consultant Attorney General |
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| Public employment - unfair labor practice; whether factfinder's decision was unambiguous as to how service bonus was to be paid | ||||||
| 00-829 | State of NH Attorney General |
v. | Schillinger,* Greg David M. Rothstein Philip Desfosses |
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| Aggravated felonious sexual assault, felonious sexual assault – allowing prosecutor to argue facts and inferences not in evidence; prosecutorial overreaching in closing argument; denial of motion for new trial | ||||||
| 00-832 | Kravitz,* Judith, Jane Doe Bruce W. Felmly John Eisner |
v. | Beech Hill Hospital, LLC, Ernest E. Reels Christine Friedman |
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| Negligence, malpractice, breach of fiduciary duty, negligent hiring and supervision, infliction of emotional distress, battery – admission of evidence of post-trial communications with jurors; whether damage award was conclusively against weight of evidence; whether court erred by setting aside verdict against defendant hospital; failure to strike testimony of witness who violated pretrial order; cross-appeal – amending writ to add new claim for damages after statute of limitations expired; allowing jury to consider awarding damages absent any evidence damages were caused by wrongful conduct of defendant; allowing writ to be amended after verdict adding new cause of action; whether verdict for parent can stand when child's case results in verdict for defendant | ||||||
| 01-009 | Brady, Edward J. Michael S. Owen |
v. | Peter F. Fagley, Inc.,* Peter F. Fagley, Douglas James, Denis Rosenthal Robert R. Lucic |
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| Rescission, damages - personal jurisdiction; whether court has personal jurisdiction over nonresident defendants | ||||||
| 01-018 | Cadreact, Scott, Melissa Cadreact K. William Clauson |
v. | Citation Mobile Home Sales, Inc.* Christopher Cole Robert H. Miller |
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| Breach of contract, breach of warranty - installation of mobile home; failure to enforce binding arbitration clauses; denial of mistrial following prejudicial remark by plaintiff's counsel; allowing lay plaintiffs to testify to value of damage done to mobile home; whether defendant breached contract; whether defendant violated Consumer Protection Act | ||||||
| 01-027 | Dupont,* Raymond E., Admin’r of Estate of Raymond E. Dupont, Jr. Steven M. Latici |
v. | Aavid Thermal Technologies, Inc. & Aavid Thermal Products,Inc. Robert C. Dewhirst |
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| Wrongful death – whether plaintiff’s suit, which alleged that defendant had duty to provide safe workplace and to implement policy to prevent workplace violence, stated a cause of action; denial of motion to amend following grant of motion to dismiss | ||||||
| 01-029 | McBurney,* H. Edward, Jr. Jay M. Niederman |
v. | Shaw, Walter Henry, Jr. Robert Zimmerman |
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| Real estate levy – whether recording of execution created a lien that remained outstanding and enforceable; where judgment creditor’s real estate levy is stopped by defendant’s filing bankruptcy, and creditor asserts status in bankruptcy action, can creditor resume levy process once bankruptcy is closed | ||||||
| 01-031 | State of NH Attorney General |
v. | Koschara,* W. Fred David M. Rothstein Howard A. Clayman |
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| Habitual offender – failure to dismiss indictment, where 12 month stand committed sentence violated Part I, Article 18’s mandate that "the true design of all punishment is to reform, not to exterminate mankind" | ||||||
| 01-032 | Palmer,* Georgia Peter G. Webb |
v. | Nan King Restaurant, Inc. Kevin E. Sharkey |
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| Negligence, breach of warranty, product liability - whether personal injury is precondition for recovery for emotional damages resulting from discovery of filth in a mouthful of food; whether elevated anxiety constitutes physical injury | ||||||
| 01-044 | Pare,* William J. Darlene M. Daniele |
v. | Primerica Financial Services, Inc. Peter Bennett |
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| Accounting, post-termination commissions - arbitration; whether Federal Arbitration Act (FAA) applies to parties' contract; whether Nevada law applies to parties' contract; whether arbitration clause is invalid or unenforceable | ||||||
| 01-047 | In the Matter of Irvin D.
Gordon* and Priscilla M. Gordon James E. Higgins L. Jonathan Ross |
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| Divorce - erroneous valuation of petitioner's "ceased member" interest in his law firm; including pre-marriage IRA and post-libel 401(k) contributions when dividing IRA and 401(k) between the parties; whether interest in family trust was excludable from marital estate; award of account created for children's education entirely to respondent; whether court erred in assuming that respondent must be maintained at standard of living enjoyed during marriage without regard to petitioner's income and standard of living | ||||||
| 01-048 | Chinburg Builders, Inc.* Philip Pettis Robert M. Derosier |
v. | Acadia Insurance Companies Melinda Gehris |
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| Liability and commercial umbrella insurance - residential home general contractor; whether word "occupied" was ambiguous; whether general contractor hired to build house "occupied" the house site so as to exclude insurance coverage | ||||||
| 01-055 | Boulders Condominum Association Richard Mullaly |
v. | Ertl,* Hermann K. William Clauson |
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| Condominium assessments - collection action; failure to provide notice that hearing would address merits; res judicata | ||||||
| 01-056 | Estate of George Libby* Michael P. Rainboth |
v. | State Farm Mutual Auto Insurance Company Gordon Rehnborg, Jr. |
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| Uninsured motorist coverage - whether government vehicle exclusion violates public policy or Financial Responsibility Act | ||||||
| 01-060 | Salem Vickerry
Realty, L.L.C.* Dean B. Eggert Jennifer L. Murphy |
v. | Town of Salem, Town of Salem Zoning Board of Adjustment Diane M. Gorrow |
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| Municipal regulation - special exceptions; whether denial of special exception for parking was lawful and reasonable; unlawful imposition of hardship requirement by ZBA to obtain special exception | ||||||
| 01-064 | State of NH Attorney General |
v. | Khirawi,* Aalaeldin M. David M. Rothstein Raymond W. Ejarque |
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| Criminal trespassing - whether complaint was duplicitous | ||||||
| 01-071 | Conley,* Christopher E.,
Trooper, Appeal of (personnel appeals board) James W. Donchess Attorney General |
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| State employment - failure to promote; numerous issues including whether rules governing promotions of classified employees comply with statute; whether board's decision was unjust or unreasonable; failure to properly evaluate evidence of retaliation | ||||||
| 01-076 | State of NH Attorney General |
v. | Blackstock,* Gregory Paul J. Garrity |
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| Aggravated felonious sexual assault – denial of jury instruction on accident; whether court erred in ruling that defendant’s proposed testimony would open the door to acts of prior sexual abuse; sufficiency of evidence; failure to orally instruct jury as to burden of proof | ||||||
| 01-082 | Malnati, Vincent, Carol Malnati George R. Hanna Mary Louise Caffrey |
v. | State of NH,*Commissioner, NH Department of Transportation Attorney General |
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| Quiet title action – whether State’s use of property as a recreational trail constituted material increase in burden on servient estate where railroad easement existed; whether RSA 228:60-a, V violated plaintiffs’ due process rights or equal protection rights; failure to clarify ruling; award of attorney’s fees; cross-appeal – whether State can lose its interest in public land by abandonment; whether State abandoned railroad easement | ||||||
| 01-084 | Dow,* E. Milton Randall F. Cooper |
v. | Town of Effingham Barton L. Mayer Malcolm R. McNeill, Jr., for the intervenor |
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| Municipal regulation – racetrack permit; numerous issues including whether adoption of and application of racetrack ordinance violated due process; violation of procedural due process during proceedings; whether ordinance is vague or contrary to State statute; attorney's fees | ||||||
| 01-087 | Kelly, Jane A., Patrick Kelly Matthew Cox |
v. | Prudential Property & Casualty Insurance Company* Robert G. Whaland |
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| Uninsured motorist coverage – stacking; whether insurer may place its uninsured motorist offset language within general provisions section of the policy rather than within the uninsured motorist section | ||||||
| 01-088 | Pierson,* George, Maxine Pierson Mark D. Wiseman |
v. | Hubbard, Andrea, Town of Effingham John P. Sherman R. Matthew Cairns |
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| Defamation, infliction of emotional distress – whether town clerk entitled to absolute immunity for statements made to board of selectmen; whether clerk was acting in her official capacity; whether genuine factual dispute exists | ||||||
| 01-093 | State of NH Attorney General |
v. | Hardy,* Mark Joyce E. Smithey |
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| Destruction of beaver dam – whether defendant violated RSA 210:9, I, when he acted in his capacity as a town official to protect public road and had permission from landowner; whether defendant had necessary intent to find violation of statute; whether defendant was a town official | ||||||
| 01-098 | In the Matter of Patricia A.
Gurtner and Richard P. Gurtner* Gurtner* L. Jonathan Ross Stephen E. Borofsky |
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| Divorce – alimony; qualification of expert on issue of ability to work; exclusion of evidence to rebut expert; exclusion of homeowner's testimony as to value of renting out a room in marital abode; whether court abused its discretion in awarding alimony | ||||||
| 01-101 | Duhaime,* Shawn, Kathleen Duhaime Paul McEachern |
v. | Johnson & Dix Fuel Corporation Jeffrey Osburn |
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| Negligence – collateral estoppel; application of incorrect standard of review in ruling on summary judgment motion; whether issue of furnace's role in causing injury was actually litigated in workers' compensation hearing; whether plaintiff had full and fair opportunity to litigate his claim | ||||||
| 01-103 | State of NH Attorney General |
v. | Dukette,* Sherry David M. Rothstein Donna J. Brown Caroline L. Smith |
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| First degree murder – numerous issues including excluding evidence of victim's drug use and defendant's hearsay statements; whether State opened the door to previously excluded evidence; failure to instruct jury on justification for using deadly force and that person is not required to retreat from encounter within her dwelling; exclusion of restraining order | ||||||
| 01-106 | Harrington,* Donald, Linda Harrington, Ryan Harrington, Leigh Harrington, by her Mother and Next Friend Linda Harrington Earl L. Kalil, Jr. Robert G. Eaton |
v. | Brooks Drugs, Inc. and Maxi-Drug, Inc. Douglas N. Steere |
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| Negligence, loss of consortium, loss of parental society and companionship – whether plaintiff was injured in the course of his employment, thereby barring his negligence claim against his employer; collateral estoppel; whether child has cause of action for loss of companionship and society of injured parent | ||||||
| 01-107 | Office of the Consumer
Advocate,* Appeal of Michael W. Holmes Robert A. Bersak Henry B. Stebbins Attorney General |
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| Public utilities – special contract for electricity; numerous issues including whether special contract is necessary to attract load or for economic development; whether RSA 378:18-a, III applies to special contract; failure to hold hearing or allow petitioner to be heard at meaningful time in a meaningful manner; whether special contract was a new contract or modification | ||||||
| 01-109 | Rood,* Steve, Allie Rood William M. Ladd |
v. | Moore, Charles E. William J. Keefe |
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| Landlord-tenant – unlawful entry by landlord; whether court misconstrued "willfully" in RSA 540-A:2 and :3; whether amount of attorney's fees was reasonable | ||||||
| 01-115 | Mcintire, Robert Steven M. Latici |
v. | Lee*, Susan, Esq., Fay Melendy, Esq. William C. Saturley John C. Kissinger, Jr. |
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| Legal malpractice – numerous issues including whether court erred under Evidence Rules 403 and 407 by admitting affidavit; allowing expert to offer testimony of previously undisclosed opinions; application of doctrine of judgmental immunity; exclusion of evidence of plaintiff's financial condition; allowing plaintiff to prove the "case within the case" through speculative testimony of experts | ||||||
| 01-123 | Newburyport Five Cents Bank Jill Haley Murphy for intervenor Judy MacDonald: Charles A. DeGrandpre Suzanne M. Woodland |
v. | MacDonald*, John E. Jr. Michael J. Bolduc |
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| Real estate attachment – judgment debt; whether assets of trust are available for attachment under Massachusetts law | ||||||
| 01-138 | Metcalf, Robert L. pro se |
v. | Lawson*, Shirley John F. Griffin, Jr. Elizabeth Cazden |
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| Contract action – personal jurisdiction; whether New Jersey resident, not in the business of selling equipment, who advertises single item for sale on Internet auction site, is subject to jurisdiction in New Hampshire court for action based on sale of defective merchandise | ||||||
| 01-140 | Sweetlands, Inc.* Sanford Roberts |
v. | Cragin, Patrick William L. Tanguay |
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| Breach of contract – collateral estoppel; res judicata; whether court erred by dismissing contract claims where plaintiff was bank's assignee under memorandum of foreclosure and was real party in interest for any claim to excess proceeds from foreclosure sale | ||||||
| 01-143 | Town of Alton James M. Sessler |
v. | Moulton,* Francis and Diantha, Elizabeth Locke, Mary Lance, Charles Adams, Linda Troendel, Julian and Doris Sawyer, Arthur and Anne Moulton, Warren Zitzow, Phylis Draper Michael L. Donovan |
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| Municipal powers – sale of land; whether town trustees of trust funds may sell real property without approval of town meeting; whether land conveyed to town by fiduciary deed may be lawfully conveyed without a town meeting vote | ||||||
| 01-144 | State of NH Attorney General |
v. | Stickney,* Patrick S. Robert J. Moses |
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| Driving after certification as habitual offender – improper amendment of indictment; whether prior misdemeanor conviction alleged in indictment had to be proven to jury beyond a reasonable doubt; allowing State to call defendant's prior attorney to identify him in violation of attorney-client privilege; discovery violations | ||||||
| 01-146 | Willitts,* William J., Appeal
of pro se Marguerite Wagling Attorney General |
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| Medical license – reapplication for licensure; whether board of medicine erred by rejecting appeal; failure of board to consider corrected application; due process; consideration of material from divorce hearing three years earlier after applicant had served time in prison and paid bulk of his support; whether board members were biased | ||||||
| 01-153 | Hildreth, Jodi, Administratrix
of the Estate of Dwayne Hildreth, Jodi Hildreth, Individually, and Jodi Hildreth, as Parent and Next Friend Of Zebulon Hildreth Kenneth C. Brown |
v. | Evans,* Thomas O., M.D., George A. Idelkope, M.D. John E. Friberg, Sr. Todd Hathaway for Thomas O. Evans, M.D. Steven Hengen for George A. Idelkope, M.D. |
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| Personal jurisdiction – medical malpractice; whether court has personal jurisdiction over Vermont physician who treated decedent in his Vermont office | ||||||
| 01-154 | State of NH Attorney General |
v | Enderson,* Ronald Steven M. Gordon Lucy J. Karl |
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| Gambling – numerous issues including denial of motion to suppress; giving jury instructions on accomplice liability and on money not needing to change hands for conviction; exclusion of expert testimony; whether sentence was excessive; whether inability to obtain review of misdemeanor sentence by sentence review board violates equal protection | ||||||
| 01-156 | Quintey,* Scott Sheila Zakre Ronald K. Lospennato |
v. | Sturm, Ruger and Company, Inc. Robert Jauron |
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| Employment discrimination – application of incorrect burden of proof; whether employer's burden to prove that discrimination is based on bona fide occupational qualification includes proving inability to make reasonable accommodation to needs of disabled employee; whether human rights commission conducted adequate investigation; whether commission and court erred in finding no probable cause that employer discriminated against employee | ||||||
| 01-161 | Emery, Alex, Gail Emery pro se |
v. | Dolac,* Rogue pro se |
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| Landlord-tenant – eviction; bringing eviction action against person who is not lessee | ||||||
| 01-162 | Carter,* Patricia Silva, Vitor |
v. v. |
Silva, Vitor d/b/a Sons of the Wind Farm and Sons of the Wind Farm, LLC Carter,* Patricia |
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| Edwinna C. Vanderzanden
for Patricia Carter Charles F. Dalton, Jr. for Vitor Silva Default – motion to strike; refusal to strike default caused by attorney's psychological disabilities; refusal to strike default caused by diversion of mail by vandals |
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| 01-164 | State of NH Attorney General |
v. | Ouellette,* Jay pro se Caroline L. Smith |
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| Sentencing – whether conditions imposed as part of sentence are unenforceable because they contain no time limit and are not authorized by RSA 651:2 | ||||||
| 01-168 | Slattery,* Arthur, Barbara Bielagus, John G. Cronin John F. Bisson |
v. | The Norwood Realty, Inc. David S. Phillips |
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| Taxation of interest – whether Nault v. N&L Development Company should be overruled; whether plaintiffs entitled to interest on verdict between date of appeal and date of supreme court decision | ||||||
| 01-169 | Carter, Krystie G. pro se |
v. | King, * Brooks David H. Bownes |
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| Stalking order – extension; sufficiency of evidence; whether defendant engaged in stalking within the meaning of RSA 633:3-a | ||||||
| 01-186 | Jacques,* Ann Robert I. Morgan |
v. | First Providence Capital Kerrie LaBianco, Manager |
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| Lease of personal property – return of deposit; numerous issues including whether court erred by granting motion to dismiss; denial of motion to strike; whether court erred by considering affidavit and purported lease as evidence; whether choice of forum clause in unexecuted lease is enforceable and if so, whether court should have enforced it | ||||||
| 01-251 | State of NH,* Petition of Attorney General William Chapman for Keene Sentinel John A. Bell and Paul Twomey for Eugene V. Bowman |
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| Criminal investigation – release of information; whether district court erred by ordering release of search warrants and accompanying paperwork prior to indictment while State is still engaged in investigation; whether owner of premises has independent right to access search warrant applications and affidavits | ||||||
* Note: Some of the questions in 2000-322, Appeal of John P. Brown, Jr., were accepted in August 2000. After granting motion for reconsideration, court accepted additional question in May 2001.