Bar News - September 19, 2003
Supreme Court at a Glance - August 2003
Edited by Erica Bodwell
Equity
- Cook v. Sullivan
, No. 2002-080 (res judicata/collateral estoppel/nuisance)
Aug. 22, 2003
Affirmed
- Whether the plaintiffs should have been barred at trial, under the doctrines of res judicata and collateral estoppel, from litigating the issue of whether the defendants violated R.S.A. 482-A (New Hampshire Lakes Management and Protection Program) and what the appropriate remedy should be for such a violation.
- Whether there was sufficient evidence for the trial court to rule that the defendants' construction activities constituted a nuisance, thereby causing damage to the plaintiffs' property.
Criminal
- State v. Lorton
, No. 2002-468 (DWI)
Aug. 1, 2003
Reversed
- Whether there was sufficient evidence to sustain the defendant's conviction for DWI.
- Whether the State failed to establish impairment beyond a reasonable doubt.
- State v. Remick
, No. 2001-469 (request for mistrial)
Aug. 18, 2003
Affirmed
- Whether the trial court erred in denying the defendant's request for a mistrial after the State introduced evidence of his silence.
- State v. Chapman,
No. 2002-599 (juror issues)
Aug. 19, 2003
Affirmed
- Whether the trial court erred by excusing a juror without cause over the defendant's objection.
- Whether the trial court erred by failing to completely and adequately answer a jury question during deliberations.
- Whether the trial court erred by failing to grant either the defendant's motion to dismiss or motion for directed verdict.
- State v. Tucker
, No. 2002-093 (admission of evidence/random sampling of evi dence)
Aug. 29, 2003
Affirmed
- Whether the trial court erred in admitting evidence concerning the weight of the alleged drugs.
Declaratory Judgment
- Preferred National Insurance Co. v. Docusearch, Inc.
, No. 2002-729 (insurance coverage)
Aug. 19, 2003
Affirmed as to first issue; reversed and remanded as to second issue
- Whether the trial court erred in concluding that the assault and battery endorsement excluded coverage for bodily injury claims where the harm alleged was caused by the insured's negligence in disclosing information.
- Whether the trial court erred in excluding claims brought under specific endorsements to the policy.
Workers' Compensation
- Knapp v. Tennessee Gas Pipeline Co.
, No. 2002-637 (timing and amount of payment of expenses on "holiday" from compensation payments)
Aug. 1, 2003
Affirmed
- Whether the trial court erred in ruling that the intervenor-insurance company must pay its share of expenses associated with the "holiday" in a lump sum payment at the time of the settlement.
- Whether the trial court was authorized to reduce the intervenor-insurance company's pre-settlement lien by assessing the intervenor-insurance company its share of expenses associated with the holiday.
- Whether the trial court's ruling usurped the labor department's authority over medical expenses in worker's compensation claims.
Administrative
- Appeal of Baldoumas Enterprises, Inc. (d/b/a Sparky's American Cafe)
, No. 2002-507 (liquor license suspension)
Aug. 1, 2003
Affirmed
- Whether the liquor commission erroneously construed R.S.A. 179:5, I (prohibiting the sale of alcohol to intoxicated persons), as imposing strict liability for the sale of liquor to an intoxicated person.
- Whether there was sufficient evidence that the bartender knew the patron was intoxicated when she was served.
- Whether the commission erred by failing to provide an adequate basis for its findings.
- Richmond v. Hutchinson and Environmental Showcase, Ltd. v. Hutchinson
, No. 2002-436 (unpaid wages/liquidated damages)
Aug. 18, 2003
Affirmed
- Whether the labor department erred in finding that the employer had the financial ability to pay the employee's wages for purposes of awarding liquidated damages.
- Whether the employer acted willfully.
Municipal
- Lee James Enterprises, Inc. v. Town of Northumberland
, No. 2002-434 (retroactive application of judicial decisions)
Aug. 1, 2003
Reversed and remanded to allow the lower court to grant the town's Motion to Dismiss
- Whether the Court's holding in Thomas Tool Services v. Town of Croydon, 145 N.H. 218 (2000) (that the pre-1998 version of the alternative tax lien statute is unconstitutional) applies to this case.
- JTR Colebrook, Inc. d/b/a The Colebrook House v. Town of Colebrook
, No. 2003-085 (preemption)
Aug. 19, 2003
Reversed
- Whether the State Indoor Smoking Act preempts the Colebrook town non-smoking ordinance.
- Smagula v. Town of Hooksett
, No. 2003-076 (statutory interpretation/protest petition)
Aug. 25, 2003
Reversed and remanded as to both issues
- Whether the trial court erroneously excluded the Allenstown signers from the petition protesting the town's tax maps.
- Whether the town should have been permitted to use data outside of the town tax maps to rebut the acreage calculations the petitioners made by using these maps.
 |
Erica Bodwell practices appellate law, civil litigation, criminal defense and employment law with the Concord law firm of Stein, Volinsky & Callaghan. |
Get Some Free Press - Edit the "Supreme Court at a Glance"
THIS INDEX OF recent Supreme Court cases is a collaborative endeavor, and we invite members of the Bar, either as firms or individually, to volunteer to take responsibility for "Supreme Court at a Glance" for a particular month. We are also looking for attorneys to write about the impact of significant decisions recently handed down by the NH Supreme Court. Help your colleagues keep up with the latest developments in case law and get your face and your firm's name in Bar News!
Contact managing editor Lisa Segal at 224-6942 or at lsegal@nhbar.org if you're interested in compiling an upcoming Supreme Court index or analyzing a recent court decision.
|
