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New Hampshire Contract Law
 
Deere & Company & a. v. The State of New Hampshire, Kubota Tractor Corporation v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define “motor vehicle” as including “equipment,” which “means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts.” Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...   $0 (12-31-2015 - NH)

The State of New Hampshire v. Craig Michael Sanborn

The following evidence was presented at trial. The defendant, who was experienced in machine and tool design, engineering, and bullet manufacturing, approached Magkor Industries (Magkor) in 2005 or 2006 about manufacturing its patented gunpowder, Black Mag. His company, Black Mag LLC, in which the defendant owned a majority interest, contracted to manufacture the gunpowder. The defendant origin... More...   $0 (12-19-2015 - nh)

United States of America v. Gordon Potter

Concord, NH - New Hampshire Man Sentenced On Firearms Charges

Gordon Potter, 35, formerly of Hampstead, New Hampshire, was sentenced to a term of 92 months’ imprisonment to be followed by a 3 year term of supervised release.

In August 2015, Potter pleaded guilty to a four count indictment charging him with three counts of possession of ammunition and firearms, in viola... More...
   $0 (12-16-2015 - NH)

Steven J. Cohen v. John Raymond & a.

The trial court found the following facts. Cohen met Raymond when Raymond began dating Cohen’s stepdaughter, Molly, whom Raymond eventually married. Cohen owned a successful scrap metal company and offered Raymond a job. Cohen assigned Raymond the company’s “tough dirty jobs,” which Raymond successfully performed. Cohen soon regarded Raymond as one of his most valuable assistants. In 2006, C... More...   $0 (11-17-2015 - NH)

Jeffrey Frost & a. v. Michael Delaney & a

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial court’s orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o... More...   $0 (11-17-2015 - NH)

STIHL, Inc. v. The State of New Hampshire

The trial court’s order relies upon the following facts. STIHL is a corporation that manufactures, distributes, and sells an array of handheld power and non-power tools such as chain saws, leaf blowers, hedge trimmers, axes, pruners, and mauls. Although many of its products have engines, none has wheels, engine and transmission, or is capable of transporting a person from one location to another... More...   $0 (10-27-2015 - NH)

Aranosian Oil Co., Inc. & a. v. State of New Hampshire

The Environmental Protection Agency (EPA) requires that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of releases of petroleum products from their tanks. See 40 C.F.R. § 280.93 (2014). New Hampshire’s Oil Discharge and Disposal Cleanup Fund (ODD Fund), established in 1988, is an EP... More...   $0 (10-27-2015 - NH)

Celestica, LLC v. Communications Acquisitions Corporation

Following a bench trial in Superior Court (Delker, J.), the court denied the petition of the plaintiff, Celestica, LLC (Celestica), requesting a declaration that the defendant, Communications Acquisitions Corporation d/b/a Whaleback Managed Services (CAC), is obligated to pay the balance of a judgment that Celestica had obtained against another business, the assets of which CAC had purchased at pu... More...   $0 (10-16-2015 - NH)

State of New Hampshire v. The Mandatory Poster Agency, Inc.

The State appeals an order of the Superior Court (McNamara, J.) dismissing 27 indictments alleging felony-level criminal violations of the New Hampshire Consumer Protection Act (CPA) by the defendant, The Mandatory Poster Agency, Inc. d/b/a Corporate Records Service. See RSA 358-A:6, I (2009). The trial court ruled that the indictments were defective because they alleged that the defendant acted... More...   $0 (10-16-2015 - NH)

State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...   $0 (10-04-2015 - NH)

Danielle (Graveline) Gauthier m/n/f Morgan Graveline v. Manchester School District

The following facts are derived from the trial court’s order. On February 4, 2011, Morgan was involved in an altercation with another student, A.M., on a school bus. During that altercation, A.M. punched Morgan in the face. The bus driver reported the incident to the defendant on February 7.
2
The school principal, Barry Albert, downloaded the bus driver’s report on February 8 and m... More...
   $0 (09-04-2015 - NH)

Mountain View Park, LLC v. Gerald Robson, Jr.

The plaintiff-landlord, Mountain View Park, LLC, appeals a decision of the Circuit Court (LeFrancois, J.), in which the court declined to approve an agreement concerning, in part, rent arrearages owed by the defendant-tenant, Gerald Robson, Jr., and issued a writ of possession. We affirm.
The following facts are undisputed. In June 2013, the parties entered into a rental agreement, where... More...
   $0 (08-12-2015 - NH)

Accurate Transport, Inc. & a. v. Town of Derry

The respondent, the Town of Derry (Town), appeals a decision of the Superior Court (Wageling, J.) granting the motion for summary judgment filed by the petitioners, Accurate Transport, Inc. (Accurate Transport) and 41 Ashleigh Drive, LLC (Ashleigh Drive), on the basis that an abutter’s appeal to the Derry Zoning Board of Adjustment (ZBA) was untimely. We reverse.
The following facts are ei... More...
   $0 (08-12-2015 - NH)

Thomas R. Mason v. Telefunken Semiconductors America, LLC

Concord, NH - First Circuit reverses district court's grant of summary judgment meaning of "termination" in employment contract

This case involves a series of
shifting employment arrangements. Plaintiff-appellant Thomas R.
Mason asserts that defendant-appellee TSI Semiconductors America,
LLC (TSA), formerly known as Telefunken Semiconductors America,
LLC, abridged his con... More...
   $0 (07-29-2015 - NH)

Gabriel F. Martinez v. Victor F. Petrenko

To maintain a private action
under the Fair Labor Standards Act ("FLSA" or "the Act") for a
failure to pay for overtime at the mandated rate, an employee must
prove a nexus to interstate commerce sufficient to trigger coverage
under the Act. The employee can prove this nexus by showing that
the employee engaged in commerce for the employer within the
meaning of the Act, or ... More...
   $0 (07-06-2015 - NH)

Cogswell Farm Condominium Association v. Tower Group, Inc.

In this declaratory judgment proceeding, the petitioner, Cogswell Farm Condominium Association (Cogswell), appeals an order of the Superior Court (McHugh, J.) finding that two exclusions in the insurance
2
policies issued by the respondents, Tower Group, Inc. (Tower) and Acadia Insurance Company (Acadia), preclude coverage in the petitioner’s underlying lawsuit against Lemery Building Co... More...
   $0 (01-13-2015 - NH)

Dean Ingram v. Michael C. Drouin

The plaintiffs, Dean and Suzanne Ingram, appeal an order of the Superior Court (O’Neill, J.) granting summary judgment to the defendants, Michael C. Drouin and Drouin Builders, Inc. (Drouin Builders), on the plaintiffs’ claims for damages. We affirm.
The record establishes the following facts. The plaintiffs own a house in Laconia. The lot on which the house sits was purchased by Drouin Bu... More...
   $0 (02-12-2015 - NH)

Linda M. Ruivo v. Wells Fargo Bank, N.A. a/k/a Wachovia Mortgage

Linda Ruivo appeals the district
court's dismissal of counts one and five of her First Amended
Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-
A:2(VI)," adequately pleaded a state common law claim of fraud, and
that count five sufficiently pleaded, consistent with its caption,
a promissory estoppel claim. Agreeing with the district court that
both claims ... More...
   $0 (09-08-2014 - NH)

Mark E. Schaefer v. Indymac Mortgage Services

Plaintiff Mark E. Schaefer appeals from the decision of the United States District Court for the District of New Hampshire dismissing his suit against defendants IndyMac Mortgage Services; OneWest Bank, FSB; the Federal National Mortgage Association (“Fannie Mae”); and Harmon Law Offices, P.C. (“Harmon”). Schaefer’s complaint sought an injunction barring his impending eviction; an order ... More...   $0 (10-02-2013 - NH)

Ismail Ozgur Yaman v. Linda Margherita Yaman

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...   $0 (09-11-2013 - NH)

Harold French v. The Bank of New York Mellon

Harold French borrowed money from Countrywide Financial ("Countrywide") and secured the loan with a mortgage on a parcel of land he owned. Having failed to make payments on his loan, French seeks to enjoin foreclosure by Countrywide's assignee, Bank of New York Mellon ("BONY"). French argues that: (1) the description of his property in the mortgage he signed does not satisfy New Hampshire's statut... More...   $0 (08-30-2013 - NH)

Thaddeus J. Jakobiec v. Merrill Lynch Life Insurance Co.

Thomas Tessier and his brother Michael Tessier allegedly bilked brothers Frederick and Thaddeus Jakobiec and the estate of their mother, Beatrice Jakobiec, out of millions of dollars. Footnote This lawsuit is about only one facet of the Tessiers' overall scheme, their theft of almost $100,000 in life insurance proceeds due to a trust benefitting Thaddeus. Thaddeus, along with various persons affil... More...   $0 (03-27-2013 - NH)

Great American Insurance Company v. Robert Christy

The defendants, Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appeal a decision of the Superior Court (Tucker, J.) rescinding a professional liability policy issued by the plaintiff, Great American Insurance Company (GAIC), to the law firm of Christy & Tessier, P.A. We reverse and remand.

We set forth the relevant facts as presented in the parties’ agreed sta... More...
   $0 (09-28-2012 - NH)

Milford-Bennington Railroad Co v. Pan Am Railways, Inc.

Milford-Bennington Railroad Company, Inc. ("MBR") appeals an award of summary judgment to Pan Am Railways, Inc.; Boston and Maine Corporation; and Springfield Terminal Railway Company (collectively, "Pan Am") in a dispute arising from Pan Am's actions under a contract to provide MBR with access to Pan Am's railroad tracks. The district court held that Pan Am did not breach its duty of good faith a... More...   $0 (09-25-2012 - NH)

Contour Design, Inc. v. Chance Mold Steel Company, Ltd.

In this trade secret misappropriation and breach of contract case, defendant Chance Mold Steel Co. (“Chance”) Footnote appeals from a permanent injunction and from a jury award of damages. The injunction, based on a finding of contract breach, prohibits Chance from selling, displaying, manufacturing, or assisting others in manufacturing a number of ergonomic computer mouse products. Footnote W... More...   $0 (09-04-2012 - NH)

The Barking Dog, Ltd. v. Citizens Insurance Company of America

In this declaratory judgment proceeding, the defendant, Citizens Insurance Company of America, appeals an order of the Superior Court (McHugh, J.) ruling in favor of the plaintiff, The Barking Dog, Ltd., which operates a dog kennel and grooming business at several locations in New Hampshire. The court ruled that an insurance policy (the policy) issued by the defendant provides coverage for damage ... More...   $0 (08-22-2012 - NH)

Lynne Digaetano v. John M. Digaetano

The plaintiffs, Lynne DiGaetano, Michael John DiGaetano, Christopher D. DiGaetano, Scott M. DiGaetano, and Shauna Arsenault, appeal an order of the Superior Court (McHugh, J.) granting the motion in limine of the defendant, John M. DiGaetano, to exclude parol evidence. The defendant cross-appeals a prior order of the same Court (Nicolosi, J.) denying his motion to strike the plaintiffs’ notice o... More...   $0 (05-11-2012 - NH)

Regina Mbahaba v. Thomas Morgan d/b/a Property Management Services

The plaintiff, Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appeals orders of the Superior Court (McGuire and Tucker, JJ.). The orders dismissed the plaintiff’s direct claims against the defendant, Thomas Morgan, and granted summary judgment against her action seeking to pierce the limited-liability veil of a company managed by the defendant. We affirm ... More...   $0 (05-11-2012 - NH)

Lachlan MacLearn v. Commerce Insurance Company

The petitioner, Lachlan MacLearn, and the intervenor, Simon Hutchings (together, the appellants), appeal an order of the Superior Court (Abramson, J.) denying Hutchings’ motion for summary judgment and granting summary judgment in favor of the respondent, Commerce Insurance Company (Commerce). We affirm.

The trial court found or the record supports the following facts. Lachlan MacLearn an... More...
   $0 (01-27-2012 - NH)

Jo Anne Rainville v. Lake Region Water Company

This is an interlocutory appeal from an order of the Superior Court (Houran, J.) partially granting and partially denying the summary judgment motion filed by the defendants, Lakes Region Water Company and Thomas Mason (collectively, LRWC). See Sup. Ct. R. 8. The superior court transferred a single question for our review:

Did the superior court err in concluding that the defendants are n... More...
   $0 (02-10-2012 - NH)

Josephine A. Lamprey v. Britton Construction, Inc.

The plaintiff, Josephine A. Lamprey, appeals orders of the Superior Court (Nadeau, J.) dismissing her actions against the defendants, Britton Construction, Inc. (Britton), DeStefano Architects, PLLC f/k/a Lisa B. DeStefano (DeStefano) and Dave Sherwood, pursuant to the statutes of limitations and repose. See RSA 508:4 (2010); RSA 508:4-b (2010). We affirm in part, reverse in part and remand.
More...
   $0 (02-10-2012 - NH)

Claire Crowley v. Town of Loudon

The petitioners, Residents of Green View Drive (the Residents), appeal an order of the Superior Court (Smukler, J.) that: (1) found no “occasion” to lay out Green View Drive as a class V public highway; (2) partially granted and partially denied the petition to quiet title filed by The Ledges Golf Links, Inc. (The Ledges) against Claire Crowley; and (3) ruled that Ms. Crowley was responsible f... More...   $0 (12-08-2011 - NH)

Jane C. Avery v. Robert W. Hughes

When defendant-appellant Robert W. Hughes failed to close on a real estate purchase and sale agreement (the Agreement), the seller retained his deposit, sold the property to a third party for a lower price, and assigned its claim for the price differential to plaintiff-appellee Jane C. Avery. Avery sued. The defendant resisted, arguing that the circumstances evinced the parties' intent that the de... More...   $0 (11-23-2011 - NH)

David Montenegro v. City of Dover

The petitioner, David Montenegro, appeals an order of the Superior Court (Brown, J.) denying his petition under the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2010), requesting disclosure of information pertaining to certain surveillance equipment and procedures under the control of the respondent, the City of Dover (City). We affirm in part, reverse in part and remand.

The following fac... More...
   $0 (11-02-2011 - NH)

Limited Editions Properties, Inc. v. Town of Hebron

The petitioner, Limited Editions Properties, Inc., appeals an order of the Superior Court (Vaughan, J.) upholding a decision to deny the petitioner’s subdivision application by the planning board of respondent Town of Hebron (Town). We affirm.

The following facts are taken from the record. The petitioner owns 112.5 acres of property in Hebron on the northwest end of Newfound Lake with fro... More...
   $0 (09-22-2011 - NH)

Joel M. Harrington v. Metropolis Property Management Group, Inc.

The petitioner, Joel Harrington, appeals an order of the Superior Court (Smukler, J.) granting the motion to dismiss of respondent Metropolis Property Management Group, Inc. (Metropolis). We affirm. The following facts are drawn from the trial court’s order and the record, or are otherwise undisputed. On May 27, 2005, the petitioner entered into a residential lease for an apartment at Hollis Com... More...   $0 (09-22-2011 - NH)

Dana Chatman v. James Brady

The plaintiff, Dana Chatman, appeals a decision of the Superior Court (Wageling, J.) dismissing his lawsuit against the defendants, James Brady and Lee Country Fair, pursuant to RSA 651:70 (2007), an immunity statute. We reverse and remand.

For purposes of resolving this appeal, the allegations in the plaintiff’s writ are taken as true and all reasonable inferences drawn therefrom are con... More...
   $0 (09-15-2011 - NH)

Lorraine Tessier v. Regina A. Rockefeller

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p... More...
   $0 (09-15-2011 - NH)

Estate of June M. Day v. Hanover Insurance Company

The petitioners, the Estate of June M. Day (Estate), Byron S. Day and Stephanie L. Day, appeal the Superior Court’s (Tucker, J.) ruling that respondent Hanover Insurance Company’s (Hanover) consent to settle a claim by the petitioners with the insurer of a third party tortfeasor did not preclude Hanover from contesting its liability to provide the Estate underinsured motorist coverage under it... More...   $0 (09-20-2011 - NH)

Stephen C. Wyle v. Scott Lees

The defendants, Scott and Christina Lees, appeal a decision of the Trial Court (Houran, J.) finding in favor of and granting damages to the plaintiff, Stephen C. Wyle, following a bench trial on his claim for negligent misrepresentation. We affirm.

The trial court found the following facts. In 2002, the defendants purchased a two-unit apartment building located at 38 Oak Street in North Con... More...
   $0 (09-20-2011 - NH)

 
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