THE FOLLOWING ARE the first paragraphs of opinions issued by the Supreme Court for the month of November. The full text of these opinions is available on the court's Web site.

In Case No. 97-819, Richard Averill v. Paul R. Cox & a., the court upon November 22, 2000, made the following order: Plaintiff's motion for reconsideration is denied.

Richard Averill v. Paul R. Cox & A.

October 31, 2000

BRODERICK, J. The plaintiff, Richard Averill, appeals the Superior Court's (Gray, J.) orders granting the motion to dismiss filed by the defendants, Paul R. Cox and the law firm of Burns, Bryant, Hinchey, Cox & Rockefeller, P.A., and denying his motion for production of his case file. The plaintiff contends that the court erred by: (1) ruling that attorneys are per se exempt from the New Hampshire Consumer Protection Act (Act), RSA ch. 358-A (1984) (amended 1986, 1989, 1996, 1997, 1999); (2) finding that the parties are bound by an arbitration clause in their fee agreement; (3) finding his negligence and intentional tort claims to be fee disputes and therefore governed by the arbitration clause; and (4) refusing to order the defendants to produce his case file and trust account information. We affirm in part, reverse in part, and remand.

In Case No. 97-288, Richard S. Snierson & a. v. Robert T. Scruton & a., the court upon November 22, 2000, made the following order:

The defendants move to clarify the opinion dated April 12, 2000, arguing that the court's citation to Fed. Trade Comm'n v. Algoma Co., 291 U.S. 67, 81 (1934), and the accompanying parenthetical go beyond the issues necessary for the court to decide in this case. We agree. By granting the defendants' motion, we do not intend to express any opinion as to the circumstances, if any, under which an innocent misrepresentation may be actionable under the Consumer Protection Act.

April 12, 2000

HORTON, J. The plaintiffs, Richard and Alexandria Snierson, appeal the decision of the Superior Court (McHugh, J.) dismissing their petition in equity for failure to state claims upon which relief could be granted. We affirm in part, reverse in part, and remand.

November 28, 2000

MEMORANDUM OPINION

MOHL, J., superior court justice, specially assigned under RSA 490:3. This is an interlocutory transfer without ruling from the Superior Court (McGuire, J.) pursuant to Supreme Court Rule 9. The question presented is whether Part I, Article 20 of the New Hampshire Constitution provides a right to a jury trial for a wage claim made to the New Hampshire Department of Labor (DOL) where the amount in controversy exceeds $1,500.

November 28, 2000

DALIANIS, J. The petitioner, Heidi L. Mikell, appeals a decision of the New Hampshire Compensation Appeals Board awarding her benefits at the diminished earning capacity rate retroactive to October 11, 1996. We vacate and remand.

November 22, 2000

MANGONES, J., superior court justice, specially assigned under RSA 490:3. Wesley B., a juvenile, appeals an adjudication of delinquency based on a charge of arson. See RSA ch. 169-B (1994 & Supp. 1999). He submits that the Manchester District Court (Lyons, J.) erred in admitting his inculpatory statement. We reverse and remand.

November 22, 2000

NADEAU, J. The defendant, Randy Lavallee, was convicted by a jury in Superior Court (Hollman, J.) of six counts of aggravated felonious sexual assault, see RSA 632-A:2, I (1986 & Supp. 1992), five counts of felonious sexual assault, see RSA 632-A:3, II, III (1986), and three counts of misdemeanor sexual assault, see RSA 632-A:4 (1986). On appeal, he argues that the trial court erred by (1) limiting his cross-examination of the victim and (2) denying his motion to dismiss because of the State's failure to disclose exculpatory evidence. We affirm.

November 20, 2000

NADEAU, J. The petitioner, Kurk Flynn, is a Fire Fighter I employed by the department of the adjutant general (department), an agency of the State of New Hampshire. He appeals a decision of the personnel appeals board (board) upholding the department's decision to adjust his seniority date for two days spent on involuntary disciplinary suspension. We reverse.

November 20, 2000

NADEAU, J. The plaintiff, Merchants Rent-A-Car, Inc. (Merchants), appeals from the Superior Court's (McGuire, J.) grant of the defendant's, Arbella Protection Insurance Company, Inc. (Arbella), motion for summary judgment. The issue on appeal is whether a large rental vehicle is a "van" covered by the "non-owned auto" provisions of a personal automobile insurance policy. We reverse and remand.

November 20, 2000

GROFF, J., superior court justice, specially assigned under RSA 490:3. The defendants, Salem Radiology, Robert C. Hannon, M.D., Robert S. Schall, M.D., and James R. Johnston, M.D., appeal from an order of the Superior Court (Abramson, J.) that the valuation of the plaintiff's, Sheldon Robbins, M.D., partnership interest in Salem Radiology partnership was controlled by the Uniform Partnership Act, RSA 304-A:40 (1995) (amended 1996). The defendants further contend that the Superior Court (Gray, J.) erred in not permitting them to challenge certain findings made by the appraiser who valued the plaintiff's partnership interest. We reverse and remand.

November 17, 2000

DALIANIS, J. The respondent, Curtis L. Bell, appeals the order of the Superior Court (Smith, J.) approving the recommendations of a Marital Master (Pamela D. Kelly, Esq.) enforcing his Missouri divorce decree and ordering him to pay fifteen percent of the non-disability portion of his military retirement benefits to the petitioner, Gearldean (Bell) Floros. We affirm in part, reverse in part, and remand.

November 17, 2000

BRODERICK, J. The plaintiff, New Hampshire Boring, Inc. (NH Boring), appeals the Derry District Court's (Thornton, J.) dismissal of its breach of contract action against the defendant, Adirondack Environmental Associates, Inc. (Adirondack), on the basis of accord and satisfaction. We affirm.

No. 98-772

November 17, 2000

BRODERICK, J. The defendant, Auto Wholesalers of Hooksett, appeals from a decision of the Derry District Court (Warhall, J.) awarding the plaintiffs, Charles and Jodie Fassi, $2,390.85 in damages, costs, and interest arising from their purchase of a used automobile. We affirm.

November 17, 2000

NADEAU, J. The respondent, Kristina L., appeals orders of the Superior Court (Smukler, J.). The court found that the respondent's daughter, Samantha L., was an abused child, and vested legal custody in the New Hampshire Division for Children, Youth, and Families (DCYF). We affirm.

No. 98-129

November 15, 2000

BRODERICK, J. The plaintiff, Hanover Investment Corporation (HIC), was denied a real estate tax abatement by the defendant, the Town of Hanover (town). HIC successfully appealed to the Superior Court (Smith, J.). The town now appeals to this court and HIC cross-appeals. We affirm in part, reverse in part, and remand.

November 15, 2000

NADEAU, J. The defendant, the Town of Derry (town), appeals orders of the Superior Court (Gray, J.) denying a motion to dismiss for lack of subject matter jurisdiction and granting summary judgment in favor of the plaintiffs, Edwin and Stephanie Simonsen. The plaintiffs cross-appeal the trial court's denial of their motion for attorney's fees. We affirm.

November 15, 2000

NADEAU, J. The defendant, Alison M. Clyde, appeals from her conviction in the Plymouth District Court (Kent, J.) on a charge of driving while under the influence of intoxicating liquor. See RSA 265:82, I(a) (Supp. 1999). The defendant argues, among other things, that there was insufficient evidence at trial to support her conviction, and that the trial court erred in failing to find that evidence of her blood alcohol concentration of 0.03 was prima facie evidence of non-impairment under RSA 265:89. We reverse.

November 15, 2000

DALIANIS, J. The plaintiffs, Robert M. and Virginia V. Bergeron, appeal the Superior Court's (Smukler, J.) denial of their petition for declaratory judgment, see RSA 491:22 (1997), to establish coverage under a homeowners insurance policy (policy) issued by the defendant, State Farm Fire and Casualty Company, for damages sustained as a result of a dam's failure on their property. We affirm.

November 8, 2000

NADEAU, J. The defendant, Roger Duquette, appeals the Superior Court's (Dalianis, J.) denial of his request for pretrial confinement credit for time spent released on bail under conditions requiring home confinement and electronic monitoring. We affirm.

November 2, 2000

HORTON, J. The petitioner, Commercial Union Insurance Company, appeals a decision of the New Hampshire Compensation Appeals Board (board). The board held that the petitioner, rather than the respondent, Liberty Mutual Insurance Company, is liable for coverage of the claimant's, Sylvia Wright's, cumulative trauma disability claim. See RSA 281-A:46 (1999). We vacate and remand.

November 2, 2000

BROCK, C.J. The petitioner, James Mello, seeks a writ of certiorari from an order of the Superior Court (Smith, J.) ruling that his reprosecution after the court had declared a mistrial would not violate double jeopardy. We grant the petition.

November 2, 2000

BRODERICK, J. The defendant, Duane Alan Martin, appeals his convictions on two counts of being a felon in possession of a firearm, RSA 159:3 (1994). He argues that the Superior Court (Fitzgerald, J.) erroneously denied his motion to suppress evidence. We reverse and remand.

November 2, 2000

HORTON, J. The State appeals the dismissal of misdemeanor charges against the defendant, Robert Bain, Jr., by the Littleton District Court (Cyr, J.). We reverse and remand.

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