| 01-134 | Exeter Hospital Medical Staff* & a. |
v. | Board of Trustees of Exeter Health Resources, Inc. & a. |
| Robert M. Larsen Michel A. LaFond for intervenor: Wilfred L. Sanders, Jr. |
Daniel P. Schwarz Steven W. Kasten |
||
| Imposition of "gag order" - whether
medical staff is a voluntary association and has standing to sue; whether claim concerning
lawfulness of gag order was moot; whether entity waived right to enforce gag order after
it made public the information it had sought to prevent being disclosed |
|||
| 01-272 | Baker Valley Lumber, Inc.* | v. | Ingersoll-Rand Co. and Air Services of N.H., Inc. |
| Russell F. Hilliard David P. Slawsky |
Richard C. Nelson Jonathan Lax Kenneth G. Bouchard |
||
| Product liability, negligence – preclusion of
testimony from two witnesses on ground that their opinions are not scientifically valid;
whether trial court erred in concluding that expert witness disclosed against one
co-defendant could not be used against other co-defendant |
|||
| 01-418 | In the Matter of Dorothy C. Lockaby* and William E. Smith | ||
| Doreen F. Connor for Ms. Lockaby Diane M. Puckhaber for Mr. Smith |
|||
| Post-divorce proceedings – whether petitioner
has constitutional right to choose residence for herself and minor children where proposed
relocation is for legitimate employment purposes; whether respondent proved that move to
Virginia would be contrary to children's best interests; whether court erred by
conditioning petitioner's retention of custody on her New Hampshire residency |
|||
| 01-425 | Transmedia Restaurant Company, Inc.* | v. | Devereaux, Theresa and The Blarney Stone Tavern, Inc. |
| Paul A. Rinden | David C. Engel |
||
| Security interest – liquidation by auction
sale; whether jury could return award for multiple damages under Consumer Protection Act
when issue of whether unfair business practices were "willing and knowing" was
not submitted to jury; lack of expert testimony supporting award of damages; cross-appeal
– whether award of punitive damages under Consumer Protection Act prohibits consumer
from recovering civil compensatory damages under any other applicable law; whether court
erred by reversing, post-verdict, its ruling to permit jury to consider exhibit; reduction
of damages; setting aside jury verdict as against the weight of the evidence and as result
of plain error |
|||
| 01-440 | Koor Communication, Inc.* | v. | City of Lebanon |
| K. William Clauson | H. Bernard Waugh, Jr. |
||
| Municipal regulation – numerous issues
including whether height limitation in zoning ordinance can preclude radio stations
licensed by FCC; whether actual conflict exists between zoning ordinance and FCC minimum
height requirement for radio tower; federal preemption; hearsay; dismissal of takings
claim |
|||
| 01-442 | In the Matter of Donald R. Main* and Mona A. Main | ||
| David W. Rayment William B. Pribis Keri J. Marshall |
|||
| Divorce – whether court erred in relying on
exercise of right against self-incrimination to award divorce on basis of adultery;
whether greatly disproportionate division of marital assets was abuse of discretion;
penalizing party for wasting business assets when court order forced him to do so; whether
master may conduct mediation and then preside over final hearing |
|||
| 01-443 | In the Matter of Dorothy H. White and Keener S. White, Jr.* | ||
| Doris S. Jacques James J. Bianco, Jr. Jeffrey A. Meyers Denise A. Daniel |
|||
| Post-divorce proceedings – whether court erred
by applying apportionment formula in Hodgins v. Hodgins, 126 N.H. 711 (1985), to
pension; whether court erred in finding that respondent's promotions resulting in
increases in pension benefits were foreseeable; whether court erred in ordering wage
assignment; whether court erred in approving qualified domestic relations order providing
for a single survivor benefit |
|||
| 01-453 | Pennelli, Hilda | v. | Town of Pelham* |
| Michael Donovan | Diane M. Gorrow |
||
| Property tax – exemption for elderly; whether
town may grant partial tax exemption so that only elderly person's residence is exempt;
whether elderly person can receive elderly tax exemption for attached dwelling unit in
which someone else resides |
|||
| 01-457 | Allen,* Carol and Gary Allen | v. | Dover Co-Recreational Softball League & a. |
| Joseph F. McDowell,III Mark D. Morrissette |
Robert Backus Glen E. Graper Russell F. Hilliard |
||
| Negligence – injury during coed softball game;
whether court erred by dismissing action based on assumption of the risk |
|||
| 01-466 | Appeal of Cabletron Systems, Inc.* | ||
| Eric G. Falkenham for Cabletron and
Liberty Mutual Brian R. Barrington for Patricia J. Sanfacon Attorney General |
|||
| 01-469 | State of NH | v. | Remick,* Michael |
| Attorney General | Appellate Defender Charles F. O’Leary |
||
| Attempted aggravated felonious sexual assault –
admission of statement allegedly made by defendant while in police custody that was not
disclosed to defense counsel prior to trial; whether verdict is against weight of evidence
and inconsistent with verdict of not guilty returned by jury on another charge |
|||
| 01-472 | In the Matter of Elizabeth Reed and Chisholm Gentry, II* | ||
| Marian N. Sagona for Ms. Reed Donald A. Kennedy for Mr. Gentry |
|||
| Post-divorce proceedings – whether court
modified divorce decree beyond the relief requested in the pleadings; whether court erred
when, after failing to find substantial change in circumstances that makes continuance of
original order of providing health insurance but not life insurance improper and unfair,
the court ordered respondent to carry life insurance instead of health insurance because
it was in child's best interests |
|||
| 01-476 | Pease, Wendy | v. | Robinson,* Jack |
| Katherine B. Stearns | Richard W. Heiser |
||
| Domestic violence – denying defendant
opportunity to cross-examine plaintiff at final hearing; denying defendant opportunity to
call witnesses; equal protection |
|||
| 01-479 | Duffy,* Bernard J., Eleanor K. Duffy, Donald R. Bryant and Eleanor G. Bryant | v. | City of Dover and City of Dover Zoning Board of Adjustment |
| Donald R. Bryant | George E. Wattendorf Malcolm R. McNeill, Jr. for intervenor |
||
| Municipal regulation – whether intervenor has
absolute right under zoning ordinance to extend provisions of business district 50 feet
into residential district; whether court erred by upholding ZBA decision allowing
commercial use of property in residential district |
|||
| 01-481 | DeVere, Peter | v. | US Sprint President Len Lauer* |
| pro se | David J. Shulock |
||
| Small claims – default; failure to strike
default where service was not made on agent of defendant; failure to dismiss case because
defendant was not a proper party and was not served; collateral estoppel; denial of
request for new hearing where failure to appear at prior hearing was due to court clerk's
use of wrong address for counsel |
|||
| 01-483 | Kelly, John | v. | Lallier,* Lionel |
| Peter J. Duffy | Elizabeth Cazden Pauline L. Guay |
||
| Negligent misrepresentation, violations of
statute – defective septic system; whether court erred in allowing plaintiff to go
forward on theories not alleged in writ; whether court erred in finding defendant liable
for violation of RSA 477:4-d in light of decision in Snierson v. Scruton, 145 N.H.
73 (2000), that statute does not create private right of action; whether court erred in
finding defendant liable for violation of RSA 485-A:39 in light of decision in Gray v.
First NH Banks, 138 N.H. 279 (1994), that failure to comply with statute does not
create civil liability; sufficiency of evidence |
|||
| 01-486 | LaMotte,* Richard F. | v. | Canaan USA Speedway, Charles Elliott, June Elliott, C.L.E., Inc. |
| Nancy S. Tierney | Peter M. Flanagan |
||
| Breach of contract – rules governing automobile
racing at Speedway; whether certain named defendants were proper parties; whether Patten
was an agent of the defendants; whether "lack of a car count" was sufficient
reason to breach contract; whether court erred in penalizing plaintiff for failing to
specify damages when records were under defendant's control |
|||
| 01-489 | Labor Ready Northeast, Inc.* | v. | NH Department of Labor |
| David A. Garfunkel Andrea K. Johnstone |
Attorney General | ||
| Wage adjustment – whether department of labor
has authority to initiate wage claim absent a wage claim having been filed by an employee;
whether court erred by considering facts contained in affidavit first presented as
attachment to State's motion for summary judgment |
|||
| 01-491 | State of NH | v. | Tarr,* James |
| Attorney General | Mark L. Sisti |
||
| Aggravated felonious sexual assault – whether
court erred by joining for trial all indictments even though different victims and time
periods were alleged; sufficiency of evidence |
|||
| 01-492 | State of NH | v. | Allard,* Yvonne |
| Attorney General | Jon Meyer |
||
| False reports to law enforcement – sufficiency
of evidence; violation of free speech rights; entrapment; due process; whether defendant,
who was charged with falsely alleging excessive force against police officers carrying out
arrest, is entitled to production of memos by officers describing arrest |
|||
| 01-495 | State of NH | v. | Boyle,* Daniel |
| Attorney General | James P. Loring |
||
| Driving after certification as habitual offender,
disobeying an officer – motion to suppress; whether seizure of defendant by police was
permitted as a community caretaking function |
|||
| 01-502 | Woods,* Charlotte, Appeal of | ||
| Leslie C. Nixon for Ms. Woods Andrew Merrill for Choice Industrial Solutions, Inc. and American Hardware Insurance Company, TPA, Bert Sell & Co. Attorney General |
|||
| Workers' compensation – numerous issues
including application of wrong legal standard to determine that claimant had reasonable
earning capacity; whether employer proved change in medical condition of claimant; failure
to prove existence of reasonable stable market of suitable work under normal employment
conditions paying as much as claimant earned at the time of injury available to claimant;
whether board erred in rejecting opinion of vocational counselor on grounds that competent
medical evidence was required; improper shifting of burden of proof |
|||
| 01-505 | State of NH | v. | Sanchez,* Alberto |
| Attorney General | Appellate Defender David Hammerstad |
||
| Robbery – denial of jury instruction on lesser
included offense of theft; admission of booking photograph of the defendant for purposes
of identification |
|||
| 01-506 | State of NH | v. | Toledo,* Luis |
| Attorney General | Appellate Defender Timothy M. Landry |
||
| Driving after certification as a habitual
offender – whether statute limits director's authority to impose period of certification
beyond four years; whether rule authorizing indefinite period of habitual offender
certification violates separation of powers doctrine and is unlawful delegation of
legislative authority; whether statute and rule are unconstitutionally vague |
|||
| 01-514 | State of NH | v. | Poplawski,* Jeffrey |
| Attorney General | Appellate Defender Joachim Barth |
||
| Aggravated felonious sexual assault, felonious
sexual assault – admission of prior bad acts; admission of entire videotaped statement
of victim when defendant only used part of statement during cross-examination which did
not create any misleading impressions concerning statement as a whole |
|||
| 01-515 | Ball,* Jeanette | v. | Swift, Mark |
| Jack P. Crisp, Jr. | Dennis Ducharme |
||
| Negligence - motor vehicle collision; sufficiency
of evidence |
|||
| 01-516 | State of NH | v. | Chrisicos,* William R. |
| Attorney General | Eric R. Wilson |
||
| Driving while intoxicated – whether court erred
by admitting statements made by defendant during the booking process absent proof that he
knowingly and voluntarily waived his Miranda rights |
|||
| 01-526 | Strafford Rivers Conservancy and the Strafford County
Conservation District |
v. | Carl W. Potvin, Executor u/w of George Gagne and Elizabeth A. Rouleau* |
| Elizabeth A. Rouleau | v. | Edwinna Vanderzanden | |
| Donald H. Whittum | Steven M. Latici and Robert C. Varney for Ms.
Rouleau James Wheat and Jeffrey H. Karlin for Ms. Vanderzanden |
||
| Petition to reform conservation easement deed,
undue influence claim –; whether defendant-attorney had conflict of interest creating
unrebutted presumption of undue influence |
|||
| 01-531 | In the Matter of Anne C. Sutton* and John E. Sutton, Jr. | ||
| K. William Clauson for Ms. Sutton Ronna F. Wise for Mr. Sutton |
|||
| Divorce – whether alimony awarded was
insufficient; whether petitioner is capable of renewing her nursing license and finding
employment; improper division of defined benefit pension plan; failure to award interest
in respondent's supplemental retirement payments |
|||
| 01-532 | Gauthier, Constance d/b/a Gauthier Realty | v. | Sanders, Sonya* |
| pro se | Elliott Berry Christine Wellington |
||
| Landlord-tenant – whether "non-renewal of
lease" constitutes "other good cause" for eviction |
|||
| 01-533 | AWL Power, Inc.* | v. | City of Rochester and Rochester Planning Board |
| David W. Rayment William B. Pribis |
Danford J. Wensley | ||
| Municipal regulation – numerous issues
including whether subdivision and site plan approvals had vested under common law or RSA
674:39; whether city was contractually bound to honor approvals; equal protection;
discrimination by city; denial of damages; whether court misconstrued RSA 674:39 |
|||
| 01-534 | In re M. Children | ||
| Paul J. Bennett for father* Mary Ann Callanan, CASA GAL Attorney General |
|||
| Confidential case under RSA 170-C |
|||
| 01-535 | Longo, Tammy, Rob Strom | v. | Lapierre,* Marcel |
| pro se | David E. LeFevre |
||
| Landlord-tenant – whether court erred in
finding violation of RSA 540-A:3 when court found landlord's conduct was not willful or
intentional; whether court erred in finding that landlord violated temporary orders that
were superseded by a final order; whether court erred in awarding statutory damages for
violation of temporary orders; failure to grant reconsideration or remittitur based upon
newly discovered evidence that tenants committed fraud on court |
|||
| 01-536 | In the Matter of Peter Letendre* and Linda Letendre | ||
| Doreen F. Connor and L. Jonathan Ross
for Mr. Letendre John A. Macoul for Ms. Letendre Attorney General |
|||
| Divorce – failure to give reasons for unequal
distribution of property; whether personal injury proceeds are marital property; whether
lifetime alimony award was error; exclusion of expert opinion on fair market value of
business stock due to its disclosure being several days late; whether court erred by
relying on Stock Redemption Agreement option price as evidence of fair market value;
failure to make petitioner's payment of respondent's health insurance tax deductible
alimony |
|||
| 01-541 | In the Matter of Jeffrey A. Twombly and Susan B. Twombly* | ||
| Charles V. Moses Christopher J. Seufert John D. Cameron, GAL |
|||
| Post-divorce proceedings – whether voluntary
increase in visitation amounted to de facto relinquishment of primary physical custody;
whether court erred in using best interest of the child test in redetermining custody in a
relocation case, rather than Perreault v. Cook standard; failure to consider
mother's fundamental right to travel |
|||
| 01-546 | Menezes,* Bruce | v. | State Farm Fire and Casualty Co. and Peter O’Neill |
| Edward F. Wallace | Barry M. Scotch |
||
| Wiretapping, consumer protection act, unfair and
deceptive insurance settlement practices, infliction of emotional distress – whether
damages provision of RSA chapter 570-A apply |
|||
| 01-548 | MARCOR Remediation, Inc. | v. | M.L. Halle Oil Service, Inc.* and Mark S. Halle |
| Richard C. Gagliuso Peter S. Cowan |
Marc Heath Timothy E. Copeland, Jr. |
||
| Breach of contract – failure to dismiss when
plaintiff had not complied with contractual dispute resolution provisions; erroneous award
of attorney's fees; whether plaintiff presented sufficient evidence that its performance
should be excused on the ground of impossibility; whether slurry loss by itself could
constitute an "unanticipatable physical condition"; failure to exclude evidence
from divorce proceeding; allowing plaintiff to use prejudicial phrases such as "male
chauvinist" |
|||
| 01-558 | City of Manchester | v. | Airport Business Center Condominium Unit Owners’ Association,* New Oxford Realty Trust, and Harvey Road Airpark, L.L.C. |
| Daniel D. Muller, Jr. | Mark H. Puffer |
||
| Eminent domain – whether defendants may
introduce evidence of damages caused by the extension of airport runway; whether damages
are limited to those caused by relocation of a road even though road was relocated solely
because of extension of runway |
|||
| 01-559 | State of NH | v. | Denoncourt,* John |
| Attorney General | Appellate Defender David Hammerstad |
||
| Driving after certification as habitual offender,
disobeying police officer, resisting arrest – whether warrantless search of defendant's
wallet fell within "community caretaking" exception to warrant requirement;
whether officer's in-court identification of defendant should have been excluded |
|||
| 01-560 | City of Portsmouth Board of Police Commissioners* | v. | International Brotherhood of Police Officers, Local 402 |
| Daniel P. Schwarz Thomas J. Flygare |
Peter C. Phillips | ||
| Municipal employment – arbitration; whether
arbitrator erred by imposing on police commission burden of proving the officer was likely
to abuse force in the future; whether action of chief of police denied officer progressive
discipline; whether a memorandum precluded police commission from considering officer's
full disciplinary history |
|||
| 01-563 | Goode,* Henry F., Jr. | v. | Buckley, Michael L., CPA, The Office of the Legislative Budget Assistant of the State of New Hampshire and The State of New Hampshire |
| John A. Curran | Daniel J. Mullen |
||
| Right-to-Know Law – numerous issues including
denial of access to witness interview summaries, telephone surveys, minutes and audit
memoranda related to audit performed by Office of Legislative Budget Assistant; improper
shifting of burden of proof; failure to narrowly apply exceptions for confidential
information and work papers; denial of attorney's fees; whether Vaughn index provided by
State waived claim of privilege |
|||
| 01-564 | State of NH | v. | Ramos,* Julio |
| Attorney General | Appellate Defender Howard Clayman |
||
| Aggravated felonious sexual assault, felonious
sexual assault – denial of motion to sever charges involving two victims |
|||
| 01-570 | In re B. Children | ||
| B. Michael Cormier for father* William Delker for DCYF Melorah Bisaillon NH Public Defenders Brooks Carter |
|||
| Guardianship over minors – whether probate
court has subject matter jurisdiction as to guardianship over person of minor; denial by
family division of petitioner's request for visitation and information about his children;
denial of request for religious instruction of children; denial of hearing; denial of
request to appoint counsel |
|||
| 01-587 | In re P. Children | ||
| Elizabeth Cazden for mother* A.J. DeFusco, Jr. for mother Gary Paradis for father Laura Brevitz, GAL Attorney General |
|||
| Confidential case under RSA 169-C |
|||
| 01-591 | State of NH | v. | Atkins,* George B. |
| Attorney General | Paul Hodes |
||
| Driving after certification as habitual offender
– exclusion of mobile telephone records; sufficiency of evidence |
|||
| 01-592 | Appeal of Hillsborough County* | ||
| Peter McDonough and Carolyn M. Kirby
for county John Mendolusky for International Chemical Worker’s Union Council/UFCW Attorney General |
|||
| Public employee labor relations – modification
of bargaining unit; inclusion of position exercising supervisory authority in same
bargaining unit as employee supervised; inclusion of position that does not share
community of interest with remainder of bargaining unit |
|||