Probate Law: 6th Circuit Court – Concord Probate Division, No. 2017-0532, September 7, 2018 Remanded. Whether the pretermitted heir statute was incorporated as a rule of construction for trusts. The court ruled that the pretermitted heir statute...
Criminal Law – Sentencing: Cheshire, No. 2016-0530, September 11, 2018 Reversed and remanded. Whether the trial court properly denied the defendant’s request for pretrial confinement credit toward suspended sentence. In 2011, Defendant...
Criminal Law: Rockingham, No. 2017-0403, September 18, 2018 Reversed and remanded. Whether RSA 604-A:2-f providing for recoupment for State costs in defending indigent defendants applies to acquitted defendants. Defendant was charged with two...
Criminal Law: Rockingham, No. 2017-0403, September 18, 2018 Reversed and remanded. Whether the trial court properly denied petitioner’s request to be relieved of the obligation to register as a sex offender in New Hampshire. In 1985, Petitioner...
Contract Law Carroll, No. 2017-0673, September 18, 2018 Affirmed and remanded. Whether a contractual provision provided for mandatory arbitration for all claims arising under the contract. The court considered the interlocutory appeal of L.B.O...
Civil Law – Property Merrimack, No. 2017-0151, September 14, 2018 Affirmed in part; vacated in part; and remanded. Whether a deeded easement could be extinguished based on its original purpose. The original owners of a portion of Great...
Civil Law Bethany M. Whitmarsh, LeClairRyan Providence, R.I.Experienced litigator represented clients in a wide range of financial service and real estate litigation. Rockingham, No. 2017-0153, September 21, 2018 Affirmed. Whether immunity from a...
Administrative Law: Carroll, No. 2017-0187, September 14, 2018 Reversed. Whether the trial court properly upheld the Town of Effingham’s denial of organization’s request for a charitable tax exemption. The Marist Brothers of New Hampshire (MBNH)...
Administrative Law: Strafford, No. 2017-0501, September 7, 2018 Affirmed. Whether the trial court improperly denied a motion to expand the record on appeal from an administrative decision and erred in affirming the decision to grant a variance by...
Administrative Law: Appeal of New Hampshire Division of State Police, No. 2017-0449, September 7, 2018 Affirmed. Whether the decision of the New Hampshire Personnel Appeals Board to reinstate a State Trooper after termination by the New...
Administrative Law: No. 2017-0362, September 28, 2018 Reversed and reinstated in part. Whether an employee strike alone constitutes a “stoppage of work” such that it disqualifies employees from unemployment benefits. Petitioners, Northern New...
EDUCATION LAW—SCHOOL FUNDING AND ATTORNEYS FEES Cheshire No. 2017-0422 August 17, 2018 Reversed Whether the school district is entitled to attorney’s fees following a successful school funding lawsuit. In 2016, Bedford sued the State—and the...
