| 02-0520 | T&M Associates, Inc.* | v. | Peter Goodrich and Jeffrey Goodrich | |
| George R. Moore Daniel E. Will |
Thomas J. Pappas | |||
| Conversion and misappropriation of corporate funds, fraud, interference with contractual relations, breach of fiduciary duties and employment obligations, illegal restraint of trade, unfair competition, misrepresentation, promissory estoppel, quantum meruit, breach of contract -- whether certain profits were subject to agreement to share compensation; whether court erred by multiplying damages by the rate of return of the Standard and Poors 500 Index | ||||
| 02-0664 | In the Matter of Lisa A. Holmes* and Ralph F. Holmes | |||
| Ms. Lisa A. Holmes, pro se Mr. Ralph F. Holmes, pro se |
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| Divorce -- precluding certain individual from sitting at counsel table | ||||
| 02-0716 | In the Matter of Barbara M. Giacomini* and Patrick A. Giacomini | |||
| R. Peter Decato for petitioner Doreen F. Connor for respondent |
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| Child support arrearage -- failure to find obligor in contempt; whether court erred in calculating obligor's income; whether court erred in sua sponte changing a prior factual finding it had made; failure to award interest on arrearages; cross-appeal -- failure to calculate arrearage in accordance with child support guidelines; laches | ||||
| 02-0719 | In the Matter of Paula J. Werme, Esquire* | |||
| Paula J. Werme, Esq., pro se James L. DeHart for Professional Conduct Committee |
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| Lawyer discipline -- reprimand; whether attorney violated rules of professional conduct by advising client that law was unconstitutional and did not need to be followed; failure to provide notice of charges against attorney; whether attorney violated rules by failing to seek permission of court to advise client that it is legal to disclose "confidential" records; violation of free speech rights | ||||
| 02-0723 | Appeal of Margaret Martel* | |||
| Leslie C. Nixon for claimant Kevin W. Stuart for Elliot Hospital |
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| Workers' compensation -- reducing disability benefits to temporary partial rate | ||||
| 02-0729 | Preferred National Insurance Co. | v. | Docusearch, Inc.* & a. | |
| Andrew D. Dunn | Anna B. Hantz David M. Gottesman Russell F. Hilliard |
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| General liability insurance coverage -- private investigation and information brokerage operation; whether assault and battery exclusion precluded coverage for bodily injury claim arising from insured's negligence in disclosing information; whether assault and battery exclusion applies to preclude claims under personal and advertising injury policy coverage | ||||
| 02-0732 | State of NH | v. | Nicholas Allen* | |
| Attorney General | Mark L. Stevens |
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| Criminal mischief -- denial of speedy trial; whether right to speedy trial attaches at time of arrest | ||||
| 02-0733 | In the Matter of April D. Ellis and Paul M. Pietrek* | |||
| Jeanmarie N. Papelian for petitioner Gary M. Burt for respondent |
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| Divorce -- whether award of alimony for ten years was erroneous | ||||
| 02-0738 | Sicard & Sicard Construction Co.* | v. | John P. McGrenaghan and Bonnie L. McGrenaghan | |
| Michael L. Alfano | Mark F. Sullivan |
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| Breach of contract -- sufficiency of evidence; whether court erred by ruling in favor of defendant | ||||
| 02-0744 | State of NH | v. | Louis Lessard* | |
| Attorney General | Ryan L. Russman |
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| Driving while intoxicated, subsequent offense -- failure to strike breath test results on grounds of relevance; whether court erred by taking judicial notice that breath test result of .08 means .08 blood alcohol concentration; whether court erred by taking judicial notice of standard deviation of breath testing machine; sufficiency of evidence | ||||
| 02-0747 | Jack Parreira | v. | Corvette City USA Corp.* | |
| Marc W. McDonald | Dana A. Curhan Andrew C. Schultz pro hac vice |
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| Purchase and sale of motor vehicle -- whether court erred by allowing plaintiff to change his theory at trial from rescission based on fraud to breach of warranty | ||||
| 02-0748 | Domenic Masella* | v. | Seann Howe | |
| Theresa Caruso* | v. | Seann Howe | ||
| Kevin E. Buchholz | William A. Bolton |
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| Negligence -- motor vehicle accident; whether expert was qualified; application of wrong legal test on motion to set aside verdict; failure to grant motion for judgment notwithstanding verdict where defendant admitted causing accident and defendant presented no admissible evidence to challenge plaintiffs’ damages; cross-appeal -- exclusion of evidence of plaintiffs' criminal convictions for gambling | ||||
| 02-0749 | Appeal of David Didonato* | |||
| Shawn E. Nichols for claimant Eric P. Bernard for Shaw’s Supermarkets, Inc. |
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| Workers' compensation -- whether board is prohibited from reviewing the department of labor hearing officer's decision as part of the board's de novo appeal; due process | ||||
| 02-0755 | Appeal of Town of Goffstown* | |||
| Terrence J. Daley for claimant Eric P. Bernard for Town |
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| Workers' compensation -- whether knee condition was medically stable before November 2000 work-related injury; whether disability continued to be caused by November 2000 injury; failure to grant town's requested finding of fact | ||||
| 02-0765 | State of NH | v. | Nathan T. Poole* | |
| Attorney General | Matthew J. Lahey |
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| Simple assault -- whether court erred by instructing jury that State did not have to prove that assault occurred on December 22, 2001; constructive amendment of complaint | ||||
| 02-0770 | Dennis W. McLaughlin, Sr.* & a. | v. | Michael R. Brassard & a. | |
| Jeffrey B. Osburn Joseph F. McDowell, III David C. Dunn |
Heidi A. Bean Harold J. Friedman Martha Gaythwaite |
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| Wrongful death, strict product liability, negligence, failure to warn -- exclusion of evidence of other similar claims brought against defendant; exclusion of photograph of decedent's injuries; allowing defense counsel to read from a medical record not in evidence concerning drug use; allowing expert to testify on issues not properly disclosed and upon which he was not qualified to testify; improper argument by defense counsel | ||||
| 02-0771 | Appeal of Paul's Quality Wood Floors* | |||
| Scott A. Ewing for Paul’s Quality Wood
Floors Mark E. Wolterbeek for claimant |
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| Workers' compensation -- whether claimant was employee; whether board erred by disregarding documentary evidence in calculating average weekly wage | ||||
| 02-0774 | State of NH | v. | Ian J. McCarthy* | |
| Attorney General | Appellate Defender Edward L. Cross, Jr. |
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| First degree assault – denial of motion to reconvene jury; whether court erred in its orders regarding restitution | ||||
| 02-0776 | Michael Harris* | v. | Phenix Mutual Fire Insurance Co. | |
| Mr. Michael Harris, pro se | Mr. Albert J. Samson, claims manager |
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| Homeowner's insurance – untimely filing of suit against insurer; whether court erred by dismissing suit based upon RSA 407:15 | ||||
| 02-0778 | Maria Donnelly and Terry Donnelly | v. | Donna Eastman* | |
| Meredith M. Lasna | Edwinna C. Vanderzanden |
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| Statute of limitations – whether failure to file writ with court or serve it on the defendant within three years can be excused; whether superior court rules 2 and 3 constitute procedural or substantive rules of law; failure to dismiss case; interlocutory appeal | ||||
| 02-0781 | Susan Cristaldi* | v. | Denise L. Wood | |
| Laurence Cote | William S. Orcutt |
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| Negligence -- motor vehicle accident; denial of motion to set aside defendant's verdict as being against the weight of the evidence | ||||
| 02-0782 | Estate of Margaret O. Lunt | v. | Gregory A. Gaylor* & a. | |
| David H. Bownes | Mr. Gregory A. Gaylor, pro se |
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| Personal jurisdiction -- whether court erred in finding that defendant has appeared in case; failure to make findings of fact and rulings of law | ||||
| 02-0785 | State of NH | v. | Ciro Scognamiglio* | |
| Attorney General | Appellate Defender Patrick Fleming |
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| Second degree assault -- denial of mistrial; sufficiency of evidence; refusal to give specific theory of defense/accident jury instruction; whether prior convictions had to be pled in indictment and proved beyond reasonable doubt to allow for enhanced sentence; whether court erred by applying enhanced penalty statute | ||||
| 02-0789 | State of NH | v. | Jason Fuller* | |
| Attorney General | Appellate Defender Timothy Landry |
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| Conspiracy to commit burglary, accomplice to theft of a firearm, receiving stolen property -- numerous issues including sufficiency of evidence; double jeopardy; failure to seek leave of court to recharge defendant when it nol prossed earlier indictments; speedy trial violation; admission of hearsay; unlawful seizure | ||||
| 02-0792 | State of NH | v. | Christopher J. McKeown* | |
| Attorney General | Mr. Christopher J. McKeown, pro se |
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| Insufficient personal flotation devices -- illegal search and seizure | ||||
| 02-0814 | Appeal of Peter McDonough* | |||
| Steven M. Gordon for Peter McDonough W. Scott O'Connell for Peter McDonough Charles G. Douglas, III for John Coughlin C. Kevin Leonard for John Coughlin Gary B. Richardson for Ballot Law Commission Attorney General |
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| Ballot law commission - election contest; whether
commission applied presumptions created by legislature for straight ticket voting that
violate Stat>W. Scott O'Connell for Peter McDonough Charles G. Douglas, III for John Coughlin C. Kevin Leonard for John Coughlin Gary B. Richardson for Ballot Law Commission Attorney General |
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| Ballot law commission - election contest; whether commission applied presumptions created by legislature for straight ticket voting that violate State Constitution; impermissible restraint on exercise of equal right to vote; whether new election is warranted; whether swearing in of new county attorney should be prohibited pending resolution of appeal | ||||