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HomeCivil Law

Civil Law

Petition of New Hampshire Division of State Police

Arielle Van De Water March 26, 2021

No. 2020-0005 March 26, 2021 Affirmed   Whether a party seeking discovery of a pre-employment background investigation by a police department from a non-party is required to issue a subpoena, and whether such discovery is barred by statutory...

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101 Ocean Boulevard, LLC v. Foy Insurance Group, Inc.

Arielle Van De Water March 19, 2021

No. 2019-0067 March 19, 2021 Affirmed   Whether the trial court erred in admitting certain exhibits, failing to take action in response to a party’s improper closing argument, giving jury instructions, giving the jury an incorrect special...

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Daniel Ro v. Factory Mutual Insurance Company, as Subrogee of Trustees of Dartmouth College; & Sebastian Lim v. Factory Mutual Insurance Company, as Subrogee of Trustees of Dartmouth College

Arielle Van De Water March 10, 2021

No. 2019-0620 March 10, 2021 Affirmed   Whether the lack of a landlord tenant relationship negates the applicability of the anti-subrogation rule found in New Hampshire case law.   This matter involves interpretation of the Court’s prior...

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Appeal of Andrew Panaggio (New Hampshire Compensation Appeals Board)

Arielle Van De Water March 2, 2021

No. 2019-0685 March 2, 2021 Reversed and Remanded   Whether the Federal Controlled Substance Act preempts New Hampshire law requiring an insurer to provide repayment for medication related to pain management.   The Petitioner appeals a...

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Krainewood Shores Association, Inc. et. al. v. Town of Moulton, et. al.

Arielle Van De Water March 2, 2021

No. 2019-0719 March 2, 2021 Affirmed in part and, Vacated and Remanded.   Whether the rule requiring an appeal to be filed within thirty days includes the day in which the order to be appealed is given, and whether the trial court, after...

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Clifford E. Avery v. Cmm’r, NH Dept. of Corrections.

Arielle Van De Water November 20, 2020

Appeal from Merrimack County, No. 2019-0051 Nov. 20, 2020 Reversed and Remanded.   Whether the trial court erred in dismissing plaintiff’s breach of contract suit against the NH DOC based on findings that the plaintiff’s suit for specific...

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Red Oak Apartment Homes v. Strategis Floor & Decor

Arielle Van De Water September 9, 2020

No. 2019-0012 September 9, 2020 Affirmed.   Whether the trial court erred in granting defendant’s motion to dismiss for lack of personal jurisdiction?   The plaintiff filed complaints of breach of expressed and implied warranties and...

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Alexander J. Walker, Jr. v. Aaron Day

Nancy Gross May 26, 2020

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...

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Torromeo Industries v. State of New Hampshire

Nancy Gross April 15, 2020

Civil Litigation No. 2019-0121 March 13, 2020 Vacated and Remanded Whether evidence in a taking case was sufficient to support the finding of just compensation. The State of New Hampshire (the “State”) appeals a determination of just compensation...

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Thomas J. Loeffler v. Paul Bernier, No.

Nancy Gross April 15, 2020

Civil Litigation 2019-0107 March 31, 2020 Affirmed   Whether an implied easement to access a private way exists where a deed conveys land and one or more of the calls is an abuttal on a private way, and if yes, whether the preemptive easement can...

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Mark Diminico v. Centennial Estates Cooperative, Inc.

Nancy Gross April 15, 2020

Civil Litigation No. 2018-0490, March 11, 2020 Affirmed Whether a leasehold in a  cooperative extends beyond the footprint of a manufactured home and, assuming yes, whether the owner of a leasehold is en- titled to quiet Centennial Estates...

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Sandra Moscicki v. Charles Leno & Matthew Leno v. Sandra Moscicki,

Nancy Gross April 15, 2020

CIVIL LITIGATION No. 2019-0092 March 6, 2020 Interlocutory Appeal Question Answered in the Negative and Remanded Whether an expert in a toxic tort matter is required to consider the “dose- response relationship” in reaching an opinion on After...

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