| New Hampshire Jury Verdicts, Settlements and Court Decisions |
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Nicole L'Etoile v. New England Finish Systems
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Nicole L'Etoile, age 58, sued New England Finish Systems on a hostile work environment theory claiming that the company let male supervisors make crude and offensive comments about women. Plaintiff also claimed that she had been laid off because of her sex or retaliated against for complaining about discrimination.
The defenses asserted by Defendant are not available.... More... $400000 (10-11-2008 - NH)
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Joseph K. Levasseur v. U.S. Postal Service
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This case raises a single issue involving the so-called "postal-matter exception" to the Federal Tort Claims Act. That exception preserves sovereign immunity for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matters." 28 U.S.C. § 2680(b). The question is whether the theft or concealment of mail--in this case, political campaign flyers that were ... More... $0 (10-01-2008 - NH)
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Mara Sabinson v. Trustees of Dartmouth College
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Professor Mara Sabinson challenges the district court's grant of summary judgment to her employer, Dartmouth College, on her claims under Title VII, 42 U.S.C. § 2000e (2000) et seq., under the federal age discrimination statute, 29 U.S.C. § 621 (2000) et seq., and for retaliation. We review the grant of summary judgment de novo, drawing inferences in favor of the nonmoving party, here Sabinson. ... More... $0 (09-29-2008 - NH)
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Naser Jewelers, Inc. v. City of Concord, New Hampshire
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Naser Jewelers, Inc. appeals an order of the district court granting summary judgment to the city of Concord, New Hampshire.
Earlier this year in Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (1st Cir. 2008), this court affirmed the denial of Naser's ("NJI"'s) motion for a preliminary injunction against the enforcement of a city ordinance prohibiting all Electronic Messaging... More... $0 (08-12-2008 - NH)
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Mark Lessard and Linda Lessard v. Wilton-Lyndeborough Cooperative School District and New Hampshire Department of Education
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This appeal stems from parents' laudable efforts to provide the best possible education for their profoundly disabled daughter. After disagreements arose over the contents of the child's proposed individualized education program (IEP), a state hearing officer overruled the parents' objections and concluded that the proposed IEP complied with the strictures of the Individuals with Disabilities Educ... More... $0 (02-29-2008 - NH)
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The State of New Hampshire v. Marshall Zidel
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The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse.
The following facts were found by the trial court for purposes of ruling upon the defendant's pretrial motion to dismiss or were stipulated to by the parties. At the time he... More... $0 (01-18-2008 - NH)
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Daniel W. Miles, et al. v. W. John Funk, et al.
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Plaintiffs-appellants Daniel W. Miles and George Hamacher appeal pro se from the district court's grant of summary judgment dismissing their federal claim pursuant to 42 U.S.C. § 1983 for failure to make the requisite showing that the alleged deprivation of constitutional rights was committed under color of state law, and dismissing their state law claims without prejudice for lack of subject m... More... $0 (01-15-2008 - NH)
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Naser Jewelers, Inc. v. City of Concord, New Hamphsire
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The city of Concord, New Hampshire, enacted an ordinance prohibiting all Electronic Messaging Centers ("EMCs"), which the city found were detrimental to traffic safety and community aesthetics. EMCs are signs which display electronically changeable messages (as opposed to signs with static or manually changeable messages) and so display illuminated text that can change frequently, for instance ... More... $0 (01-18-2008 - NH)
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Jay MacKenzie v. Rockingham County, et al.
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Jay MacKenzie sued Rockingham County, et al. on a wrongful termination theory claiming that he was fired by Sheriff Daniel Linehan after he was held in a room when he tried to leave after being fired. Sheriff Linehan fired MacKenzi over an altercation in the parking lot of the Stratham Industrial Park in May 2004 in which a man who had been involved in an earlier altercation made demands of M... More... $0 (04-02-2008 - NH)
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Sarah Everett v. General Electric Company, et al.
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This interlocutory appeal, see Sup. Ct. R. 8, was
brought by direct defendants, Town of Hooksett (Town), Owen Gaskell and
Keith Lee, and third-party defendant Jeremiah Citro, from two rulings of the
Superior Court (Conboy, J.). The first denied the direct defendants' motion for
summary judgment seeking immunity from the negligence claim brought by
the plaintiff, Sarah Everitt, and the se... More... $0 (09-21-2007 - NH)
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In Re: Tyco Securities Lit, et al v. , et al
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Plaintiffs sued Tyco International and others on securities fraud theories claiming that defendant and others repeatedly misrepresented the financial condition of the company to the detriment of the stockholders. ... More... $2975000000 (05-17-2007 - NH)
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Gloria Jean LaCasse v. Spaulding Youth Center
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The plaintiff, Gloria Jean Lacasse, appeals an order of the Superior Court (Smukler, J.) granting summary judgment to the defendant, Spaulding Youth Center (Spaulding), in this wrongful discharge action. We affirm in part, reverse in part and remand.
The trial court relied upon the following facts, as alleged by the plaintiff. Spaulding is a non-profit residential facility for emotionally... More... $0 (10-17-2006 - NH)
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James W. McCarthy v. Citigroup Global Markets, Inc.
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In this appeal, we must review the district court's decision to vacate an arbitration award and remand on the ground that the award was in manifest disregard of the law. In an unusual circumstance, this is the second time in this case that the district court has vacated an arbitration award in favor of the appellee and remanded on that ground.
The award of the arbitration panel... More... $0 (09-26-2006 - NH)
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Palacio Paladin and Richard West v. Hillsborough County Department of Corrections, et al.
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Palacio Paladin and Richard West sued Hillsborough County Department of Corrections and other county officials on a civil rights theory, 42 U.S.C. 1983, for confining them in
solitary confinement under horrific conditions that shocked the conscience. They claimed that they were locked in their cells for days at a time, having water to their sinks and toilets cut off, and having to ask for toi... More... $150000 (09-21-2006 - NH)
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Raymond Beaudette and Lisa Beaudette v. Louisville Ladder, Inc.
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Plaintiffs-appellants Raymond Beaudette ("Beaudette") and Lisa Beaudette (collectively, "the Beaudettes") filed suit against defendant-appellee Louisville Ladder, Inc. ("Louisville Ladder") in the United States District Court for the District of New Hampshire, seeking damages for injuries arising from an accident where a ladder, manufactured by Louisville Ladder, collapsed. The district court e... More... $0 (09-12-2006 - NH)
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Josep F. Galibois v. John Fisher, Sergeant, Nashua Police Department
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Pro se appellant Joseph Galibois appeals the dismissal of his civil rights action by the United States District Court for the District of New Hampshire. According to his complaint, Galibois's constitutional rights to free expression, due process, and equal protection were violated on the day of the last presidential election when police in Nashua, New Hampshire, interfered with Galibois's campa... More... $0 (04-02-2006 - NH)
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Harvey Bergeon v. Dartmouth-Hitchcock Clinic
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Harvey Bergeron and his weife sued Dartmouth-Hitchcock Clinic on a medical malpractice theory for the injuries and damages that they sustained as a result of the stroke that Harvey, age 83, sustained after undergoing bypass surgery. They claimed that Harvey did not receive proper post-surgery care because he was not given blood thinners and was released too soon after surgery.
The defenses as... More... $1800000 (12-28-2005 - NH)
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Robert Depoutot v. John Raffaelly
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This case involves a meandering motorist who claims that the arresting officer violated his constitutional right to substantive due process at the touch of a button (wrongfully terminating a breath alcohol test administered after the plaintiff's arrest for drunken driving). The district court determined that the facts, even when viewed in the light most hospitable to the plaintiff's theory of ... More... $0 (10-06-2005 - NH)
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Tyco International, Ltd. v. Mark H. Swartz
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Mark H. Swartz appeals from the district court order which dismissed his motion to stay the civil actions lodged against him by his former employer, Tyco International ("Tyco"), as well as his motion to compel arbitration of the Tyco claims. As we discern no error, the district court judgment must be affirmed.
I
BACKGROUND
Swartz served as the Chief Financial Officer ... More... $0 (09-12-2005 - NH)
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Mary Chris Sheppard, et al. v. River Valley Fitness One, L.P., et al.
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This is an appeal of a monetary sanction that was imposed by the magistrate judge on defendants' lawyer, William E. Whittington IV, for discovery misconduct. The court required that Whittington personally compensate the opposing parties for the attorney's fees and costs incurred in opposing a protective order that he had obtained. Citing the injury to his professional reputation, Whittington al... More... $0 (09-12-2005 - NH)
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Terry W. Kenison, etc., et al. v. Andre Dubois, et al.
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The plaintiffs, Terry W. Kenison and Diana L. Kenison, co-administrators of the Estate of Brody J. Kenison, appeal a ruling of the Superior Court (Vaughan, J.) granting summary judgment to the defendants, Andre Dubois and the Waumbek Methna Snowmobile Club (Waumbek). On appeal, the plaintiffs argue that the trial court erred in ruling that the defendants are immune from liability under RSA 508:... More... $0 (07-18-2005 - NH)
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ROGER A. SEVIGNY, INSURANCE COMMISSIONER, LIQUIDATOR OF THE HOME INSURANCE COMPANY v. EMPLOYERS INSURANCE OF WAUSAU
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The case before us presents another variation on the question when, under the so-called abstention doctrines, a federal court should defer to state proceedings. The appellant is Employers Insurance of Wausau ("Wausau"); the appellee is Roger A. Sevigny, Insurance Commissioner of New Hampshire ("Commissioner"), acting as liquidator of The Home Insurance Company ("Home"), now insolvent. We begin ... More... $0 (06-10-2005 - NH)
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Gina Bedell and Russell Kenison Sr. v. Dartmouth-Hitchcock Medical Center, et al.
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Gina Bedell and Russell Kenison Sr. individually and on behalf of the Estate of Donald Kenison, age 55, sued Dartmouth-Hitchcock Medical Center and others claiming that they committed malpractice and negligently claued the death of Mr. Kenison by failing failing to take into account Kenison's history of conjestive heart disease before releasing him after stomach-stapling surgery.... More... $2000000 (04-01-2005 - NH)
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Attrezzi, LLC v. Maytag Corporation
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Attrezzi, LLC sued Maytag Corporation for trademark infringement claiming that Maytag's Attrezzi line of mixers and blenders that its Jenn-Air division started marketing in 2003 infringed on Attrezzi's Fine Kitchen Accessories line of kitchen applicances trademark. Attrezzi sought one and a half million in damages representing half of Maytag's revenues from the sale of its applicances.
T... More... $5400 (02-15-2005 - NH)
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Karen and Frank Figlioli v. R.J. Moreau Companies, Inc.
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The defendant, R.J. Moreau Companies, Inc. (Moreau), appeals a jury verdict in the Superior Court (Brennan, J.) for the plaintiffs, Karen and Frank Figlioli. The plaintiffs were awarded compensation for personal injuries resulting from the collapse of a deck built by the defendant. The defendant contends the trial court erred by (1) allowing the plaintiffs to pursue a claim for enhanced compens... More... $0 (01-07-2005 - NH)
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Kevin Tufts v. Clifford M. Levy
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Kevin Tufts, age 47, sued Dr. Clifford M. Levy, an orthopedic surgeon for medical malpractice claiming that Levy operated on him in lieu of the surgeon who was supposed to perform the anterior/posterior lumbar fusion in 1999. Tufts was injured in a snowmobile accident in 1995. The former sales manager for a Laconia, New Hampshire car dealership claimed that he was told by the physician that h... More... $2500000 (09-16-2004 - NH)
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Mary Carignan v. New Hampshire International Speedway, Inc.
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The defendants, New Hampshire International Speedway, Inc. (Speedway) and Leslie Wheeler, appeal a jury verdict from the Superior Court (Smith, J.) awarding the plaintiff, Mary Carignan, $1.2 million in damages. We affirm in part, vacate in part and remand.
The jury could have found the following facts. On August 23, 1998, Speedway owned the New Hampshire International Speedway, a racetra... More... $1200000 (09-10-2004 - NH)
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Alternative System Concepts, Inc. v. Synopsys, Inc., Successor to Language For Design Automation, Inc.
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This is a case of a suitor scorned. Plaintiff-appellant Alternative System Concepts, Inc. (ASC) courted Language for Design Automation, Inc. (LEDA) and forged a short-term distribution relationship. As the couple moved toward a more durable bond, defendant-appellee Synopsys, Inc. acquired LEDA and dashed ASC's hopes.
The jilted suitor responded aggressively, haling Synopsys into court and... More... $0 (07-08-2004 - NH)
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Gary S. and Sylvie S., individually and on behalf of their son Andrew S. v. Manchester School District
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Appealing from an adverse judgment of the district court, the parents of Andrew S., a disabled child who is attending a Catholic elementary school, assert that the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-87, is unconstitutional as applied to their son. While he, like other disabled children who go to private schools, receives some educational services under federal... More... $0 (07-07-2004 - NH)
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Hugh and Andrea Lee v. City of Rye
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Inverse comdemnation claim by Hugh and Andrea Lee against the Rye Conservation Commission for creating a trench on their property without just compensation. The defendant excavated 16 acres of salt marsh on the Lee's property without obtaining permission from them to do so. They claimed that the value of their property was reduced as a result of the creating of the trench which limited their acc... More... $111050 (07-01-2004 - NH)
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Jason Surprenant v. Cesar Rivas, et al.
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Civil rights case, 42 U.S.C. 1983, claim by Jason Surprenant, age 30, who claimed that his constitutional rights were violated when he was accused of taking a guard hostage and sent to solitary confinement for two months in 2002. Corrections officer Cesar Rivas claimed that a mob of 20 to 25 inmates tried to take him hostage. After ordering a lockdown, Rivas identified nine inmates as his attac... More... $20000 (06-16-2004 - NH)
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Derek and Tammy Gagnon, Raymond and Rachel Belleville and their children, Mark and David Belleville, Michelle Blake and Suzanne Fitterman v. Jean-Guy and Emma Bergeron d/b/a Jean-Guy's Used Cars and Parts
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Derek and Tammy Gagnon, Raymond and Rachel Belleville and their children, Mark and David Belleville, Michelle Blake and Suzanne Fitterman; and James and Stephanie Russell claimed that Jean-Guy and Emma Bergeron d/b/a Jean-Guy's Used Cars and Parts polluted their property and water supply with gasoline and MBTE. They claimed that gasoline spilled by the defendants lowered the value of their pr... More... $965000 (05-27-2004 - NH)
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Sabrina Carswell, et al v. H. William Koch
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H. William Kock got very drunk and ran his GMC Suburban into numerous cars between Exter and Dover. Five plaintiffs sued him for the damages and injuries they sustained as a result.... More... $488200 (04-30-2004 - NH)
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Dorothy Pike v. Ron Giordano and The State of New Hampshire
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Sexual harassment and intentional infliction of emotional distress claims by Dorothy Pike, a former New Hampshire state legislature secretary, against former state legislator Ron Giordano and the New Hampshire state House of Representatives. Pike alleged that Giordano assaulted and sexually harassed her and that the House of Representatives failed to take appropriate action to protect her from Gi... More... $188000 (02-19-2004 - NH)
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American Express Travel v. David Moskoff
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The defendant, David Moskoff, appeals a Superior Court (Gray, J.) order granting final default judgment to the plaintiff, American Express Travel. We vacate and remand.
In the spring of 1997, the plaintiff commenced an action against the defendant to collect a credit card debt alleged in the amount of $96,777.89 plus attorney's fees. In August 1997, the plaintiff served interrogatories up... More... $0 (09-13-1999 - NH)
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Little Bay Lobster Company, Inc., et al. v. Donald L. Evans, Secretary of Commerce
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Environmental Law - Administrative Law: This is an appeal by a lobster dealer (Little Bay Lobster Company) and several lobster boat operators based in New Hampshire from a decision of the district court sustaining new federal regulations affecting the plaintiffs. For convenience, we refer to the appellants collectively as "Little Bay" in describing the claims presented on appeal and assume fami... More... $0 (12-22-2003 - NH)
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Shelia Longden v. Philip Morris USA
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Products Liability - Failure to Warn Claim - Tobacco: Julian Longden started smoking Marlboro cigarettes when he was 12-years-old in 1962. His widow claimed that he became addicted to nicotine and was never able to quit. Longden quit smoking in July 1998 when he was diagnosed with lung cancer. He died from the disease in May, 2000 at the age of 49.... More... $0 (11-25-2003 - NH)
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United States of America v. John T. Marshall
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Defendant-Appellant John T. Marshall appeals the district court's denial of his motion to suppress child pornography seized at his residence. For the reasons that follow, the judgment of the district court is affirmed.
I. BACKGROUND
On February 5, 2002, Police Officer Christopher Hutchins responded to a call from Ms. Geis, owner of the residence at 7 Dixon Avenue in Newfields, New... More... $0 (10-29-2003 - NH)
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Conservation Law Foundation v. New Hampshire Wetlands Council
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The New Hampshire Department of Transportation (DOT) appeals the decision of the Superior Court (McGuire, J.) vacating the New Hampshire Department of Environmental Services' (DES) approval of DOT's application for a wetlands permit, and the New Hampshire Wetlands Council's (Wetlands Council) affirmance of the same. We reverse and remand.
The trial court provided the following background ... More... $0 (09-22-2003 - NH)
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Janice J. Cook, et al. v. John D. Sullivan, et al.
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Since 1946, the plaintiffs, Janice J. Cook, Vanessa Cook Jacobsohn, Cecil D. Driver, individually and as trustee of the John Cook Driver Trust, Carole Evans Sands, Susan Evans Burkley, Liane Evans Gigas, Melissa Evans Voteur, and Jonathan Richard Evans, have owned property on Lake Winnipesaukee in Moultonboro. Over the years, they have built various structures on the property, including a mai... More... $0 (09-08-2003 - NH)
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