Property Law No. 2019-0197 May 22, 2020 Affirmed in part reversed in part remanded. Whether an implied easement may be inferred based upon historical use of properties This lawsuit originated in 2017, when the plaintiff filed a lawsuit requesting...
Property Law No. 2019-0120 May 27, 2020 Affirmed. Whether the plaintiffs’ claim brought in February 2018 were time-barred or if the discovery rule tolled the statute of limitations; and whether certain evidence was properly admitted or should...
Insurance No. 2018-0706 May 22, 2020 Affirmed. Whether an insured’s amendment of coverage terms of insurance policy creates a new policy under RSA 264:15, I, and requires an insured to reject in writing of uninsured motorist coverage The...
Criminal Law No. 2018-0647 May 15, 2020 Affirmed. Whether the trial court erred in denying a motion to suppress evidence pursuant to a search of a rental car following a motor vehicle The defendant was convicted of two counts of possession of a...
Constitutional Law No. 2019-0206 May 29, 2020 Vacated and remanded. Whether the “internal personal records” exemption under the New Hampshire Right-to-Know law, RSA 91-A:5, IV, should be a per se rule or whether it requires a balancing test The...
Constitutional Law No. 2019-0135 May 29, 2020 Vacated and remanded. Whether the Right-to-Know Law’s exemption for “internal personnel practices” and “personal files” as set forth within Fenniman is narrow enough to effectuate the purpose...
Constitutional Law No. 2019-0307 May 8, 2020 Affirmed. Whether due process allows a New Hampshire Court to maintain quasi in rem jurisdiction for an attachment of funds despite dismissal of underlying action for lack of personal jurisdiction The...
Constitutional Law No. 2019-0693 (U.S. District Court) May 20, 2020 Remanded. Certified questions of law from the U.S. District Court, District of New Hampshire regarding the definition of domicile and resident as it relates to college students...
Administrative Law No. 2018-0650 May 22, 2020 Affirmed in part, vacated in part, and remanded. Whether the Department of Environmental Services has the authority to restrict the height of all accessory structures or only those that are “small”...
CIVIL PROCEDURE / RES JUDICATA No. 2019-0236 April 14, 2020 Vacated and Remanded Whether the trial court erred in applying the Federal (First Circuit) privity standard, rather than New Hampshire precedent, in dismissing plaintiff’s action...
CRIMINAL LAW /BURDEN OF PROOF No. 2018-0341 April 7, 2020 Reversed and Remanded Whether the trial court erred in convicting and sentencing defendant on two separate counts of assault where there was only circumstantial evidence of possible...
CONSTITUTIONAL LAW / TAKINGS No. 2019-0339 April 24, 2020 Affirmed Whether the trial court erred in finding RSA 80:89, VII unconstitutional to the extent it purports to extinguish a municipality’s duty to provide excess proceeds of a tax...
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