New Hampshire Fiduciary Duty Law
Jane Doe v. Concord Police Department, et al.
Concord, New Hampshire, personal injury lawyer represented the Plaintiff seeking an order requiring that her name be removed from the Exculpatory Evidence Schedule (EES). See RSA 105:13-d (2023).<br> <br> I. Facts<br> <br> [¶2] The following facts are taken from the trial court's summary judgment order or are otherwise established by the record. In 2013, a Concord police officer discovered that ... More...
$0 (11-21-2025 - NH)State of New Hampshire v. Richard Cobb
Concord, New Hampshire criminal defense lawyer represented the Defendant charged with simple assault.<br> <br> Former Concord, New Hampshire police officer Richard Cobb was accused of assaulting a suspect in 2023.<br> <br> The indictments allege that Richard Cobb, while an on-duty law enforcement officer, knowingly caused unprivileged contact to two individuals on March 26, 2023, and twice to the ... More...
$0 (01-10-2025 - NH)D'Kwon Robinson v. 1 Bourchard Street Realty, LLC
<h2><br> Nashua, New Hampshire personal injury slip and fall lawyer represented the Plaintiff.<br> </h2><br> <br> In April 2018, the defendant leased the subject property to NHP. The terms of the lease ran through February 2023. The lease required NHP to keep the premises "free of dirt, snow and ice."<br> <br> [¶3] In February 2020, the plaintiff worked for NHP. While the plaintiff was w... More...
$0 (10-22-2024 - NH)Jennifer Dowell, et al. v. Atrium Medical Corporation </center
<h2><br> Concord, New Hampshire personal injury lawyers represented the Plaintiff who sued on product liability theories.<br> </h2><br> <br> People injured while using a defective product can seek damages via a product liability lawsuit. In New Hampshire, there are numerous claims that a person can assert in a case seeking damages caused by a harmful product, including negligence, strict liability... More...
$0 (08-01-2024 - NH)<h1> United States of America v. Rex Jason Sumner </h1>
<b><h2><center><font color="red"><i> Concord, New Hampshire criminal defense lawyer represented the Defendant charged with Failure to Register as a Sex Offender.</b></h2></center></i></font color="red"></i><br> <br> An Alexandria man was sentenced in federal court in Concord for failing to register as a sex offender, U.S. Attorney Jane E. Young announces.<br> <br> Rex Jason Sumner, 53, was senten... More...
$0 (01-24-2024 - NH)Lila Marcellino v. Dick's Sporting Goods, Inc.
Concord, New Hampshire personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability theory.<br> <br> New Hampshire premises liability law focuses on holding property owners accountable for injuries sustained on their property due to unsafe conditions. Let's dive into its key points:<br> <br> Duty of Care:<br> <br> Property owners owe a duty of c... More...
$1 (01-03-2024 - NH)William Casey v. St. Mary's Bank
Concord, New Hampshire employment law lawyer represented Plaintiff who sued defendant on a breach of contract theory.<br> <br> <br> Casey is a member of the Massachusetts National Guard who began working at SMB as a sales and service representative in December 2019. Doc. 1 at 2. That same month, Casey was provided with an "Employee Electronic Manual†(Manual). Doc. 8-1 at 10. The Manual incl... More...
$0 (05-16-2023 - NH)Georgiana Touchton v. Daniel Harvey
Concord, New Hampshire personal injury lawyer represented Plaintiff who sued Defendants on auto negligence and auto insurance liability theories.<br> <br> "New Hampshire follows a modified comparative negligence rule, which means that a plaintiff can still recover damages for their injuries even if they were partially at fault for the accident, as long as they were not more than 50% at fault. The ... More...
$0 (04-25-2023 - NH)Janet Boyd v. Merrill Gardens, LLC d/b/a Kirkwood Corners
Concord, New Hampshire personal Injury lawyer represented Plaintiff who sued Defendant on a premises liability negligence theory.<br> <br> This case was filed in the Superior Court, Cheshire County, New Hampshire, case number 213-2022-CV-00075, and was removed to federal court by Defendant.<br> <br> The claims made and defenses asserted by the parties are not available for this case.<br> <br> The ... More...
$0 (03-30-2023 - NH)United States of America v. Daniel Musso
<center><br> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/08/New_Hampshire_Fed.png"><br> </center><br> <br> Concord, NH - The United States of America charged Daniel Musso, age 56, with receiving and possessing unregistered firearms (fragmentation grenades) and one count of receiving explosive material.<br> <br> According to the evidence presented during the trial, beginn... More...
$0 (08-22-2020 - NH)Thomas Blair v. Lindt & Sprungli (USA), Inc., Crescent Plowing Services, LLC and Securitas Security Services USA Inc.
<center><br> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/subscription.gif?fit=300%2C42"><br> </center><br> <br> Concord, NH - Thomas Blair sued Lindt & Sprungli (USA), Inc., Crescent Plowing Services, LLC and Securitas Security Services USA Inc. on personal injury negligence theories claiming to have been injured and/or damaged in an accident caused by the ... More...
$0 (08-12-2020 - NH)Thomas Jackson Miller v. The Sunapee Difference, d/b/a Mount Sunapee Resort
<center><br> <img width="300" src="https://www.nhb.uscourts.gov/sites/nhb/files/Rudman-Cleveland.png"><br> </center><br> Thomas Jackson Miller collided<br> with unmarked snowmaking equipment while skiing at the Mount<br> Sunapee Resort in 2015 in Sunapee, New Hampshire. Soon thereafter,<br> he brought a tort suit under New Hampshire law against the resort's<br> owner, The Sunapee Difference, LLC (... More...
$0 (03-11-2019 - NH)United States of America v. Daniel Sullivan
Concord, NH - Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms<br> <br> Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms. <br> <br> According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hamps... More...
$0 (09-12-2018 - NH)JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA <table> <td>
When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...
$0 (07-15-2018 - NH)THE STATE OF NEW HAMPSHIRE v. KEVIN DROWN <table> <td>
The jury heard the following evidence. The defendant was charged with sexually assaulting the victim on multiple occasions between August 1988 and August 1990 when she was under the age of thirteen. At the time of the alleged assaults, the defendant’s family and the victim’s family lived in the same apartment building. Detective Fiske testified that she contacted the victim in 2014 after ... More...
$0 (07-04-2018 - NH)UNITED STATES OF AMERICA v. MANUEL TIRADO <table> <td>
The defendant, Manuel <br> Tirado, pleaded guilty and stands convicted of drug offenses, 21 <br> U.S.C. §§ 841(a)(1) and (b)(1)(C), 846, and failure to appear <br> for arraignment, 18 U.S.C. § 3146(a)(1) and (b)(1)(A)(i). He <br> appeals from the judgments of conviction on Sixth Amendment <br> grounds, contending that his counsel suffered from a conflict of <br> interest arising from violation... More...
$0 (05-12-2018 - NH)THE STATE OF NEW HAMPSHIRE v. CARLOS GONZALEZ, III <FONT COLOR="red">Aggravated Felonious Sexual Assault </FONT>
The defendant, Carlos Gonzalez, III, appeals his convictions on two counts of aggravated felonious sexual assault. See RSA 632-A:2 (2016). The defendant argues that the Trial Court (Wageling, J.) erred when it vacated the pro hac vice admission of two out-of-state attorneys, thereby depriving him of his right to chosen counsel under Part I, Article 15 of the State Constitution and the Sixth Ame... More...
$0 (11-07-2017 - NH)Elaine Christen v. Fiesta Shows, Inc.
Plaintiff Elaine Christen, individually and as administrator of the estate of Sophia Christen, appeals the order of the Superior Court (Smukler, J.) granting summary judgment to defendant Fiesta Shows, Inc. (Fiesta), on the ground that Fiesta did not owe Sophia Christen a duty of care. We affirm.<br> The trial court recited the following facts, set forth in the light most favorable to the plaintif... More...
$0 (10-04-2017 - NH)United States of America v. Audi N. Sumilat
Concord, NH - 18-Month Prison Sentence for Man who Illegally Bought and Smuggled Guns for Members of the Indonesian Secret Service<br> <br> Audi N. Sumilat, 37, of El Paso, Texas, was sentenced to 18 months in federal prison for participating in a scheme to illegally buy guns that were then smuggled to Indonesia by members of the security detail of the Indonesian President and the Vice President -... More...
$0 (08-29-2017 - NH)James Walsh v. Zurich American Insurance Company, d/b/a Zurich Direct Markets, d/b/a Zurich North American Commercial d/b/a Zurich North American, et al.
A jury found that appellant Zurich<br> American Insurance Company ("Zurich") breached employment<br> agreements with appellee James Walsh when it substantially reduced<br> his incentive pay for a lucrative deal -- the largest of its type<br> in the company's history -- and did not pay incentive on another<br> deal.1 Walsh was awarded double damages and attorney's fees,<br> totaling nearly $2.4 mil... More...
$0 (02-26-2017 - NH)Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker
Brian Blackden is a part-time freelance photographer who <br> for years has sent photos to a bunch of regional-media outlets, <br> including Belsito Communications, Inc. (just "Belsito" from now <br> on). Belsito and Blackden filed this suit alleging that New <br> Hampshire State Trooper James Decker violated their constitutional <br> rights when he seized Blackden's camera at the scen... More...
$0 (12-29-2016 - NH)The State of New Hampshire v. Paul Bedell
The defendant, Paul Bedell, appeals his convictions on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(l) (2007). The defendant argues that the Superior Court (Bornstein, J.) erred when, on the second day of trial, it dismissed a juror after it erroneously concluded that the juror could no longer be impartial. We affirm because we conclude that, although error, the juror�... More...
$0 (05-27-2016 - NH)State of New Hampshire v. Christopher Kean
The following facts are derived from the trial court’s order or the record. On September 4, 2012, the defendant, while wearing an official but discontinued Manchester Police jacket, was observed by Manchester Police Officer Biron walking in front of a Manchester Police Department substation. Although the jacket had been discontinued in 1999, it bore a current Manchester Police Department patch... More...
$0 (04-23-2016 - NH)The State of New Hampshire v. Joseph Kuchman
The defendant, Joseph Kuchman, appeals decisions of the Superior Court (Lewis and Brown, JJ.) related to his conviction by a jury on one count of first degree assault. See RSA 631:1, I (2007). The defendant argues that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation. For th... More...
$0 (04-21-2016 - NH)The State of New Hampshire v. Christina Thomas
LYNN, J. The defendant, Christina Thomas, appeals her conviction, following a jury trial in Superior Court (Lewis, J.), of first degree assault for knowingly causing serious bodily injury to a person under 13 years of age. See RSA 631:1, I(d) (2007). She argues that the trial court erred by: (1) admitting evidence of “other bad acts” committed against the victim and the victim’s mother; ... More...
$0 (02-25-2016 - NH)The State of New Hampshire v. Christina Thomas
The pertinent facts are as follows. In 2002, the defendant reconnected with E.A., a childhood friend. Shortly thereafter, E.A. moved in with the defendant and her family. In August 2003, E.A. gave birth to D.A. and continued residing with the defendant, who promised to help take care of the child. E.A. and D.A. lived with the defendant until 2010, when D.A. was removed from the home and E.A. l... More...
$0 (02-23-2016 - NH)State of New Hampshire v. Michael Addison
In 2008, the defendant, Michael Addison, was convicted of the 2006 capital murder of Manchester Police Officer Michael Briggs and sentenced to death. We subsequently affirmed the defendant’s conviction for capital murder, concluding that his sentence was not imposed under the influence of passion, prejudice or any other arbitrary factor, and that the <br> evidence was sufficient to support the... More...
$0 (02-22-2016 - NH)New Hampshire Fish and Game Department v. Edward Bacon
The following facts are established by the record. On September 16, 2012, the defendant began a five-day solo hiking trip in the White Mountains, during which he planned to hike several mountains with summits over 5,000 feet. At the time of the hike, the defendant was fifty-nine years old, had undergone four hip surgeries since 2005, and had an artificial hip that had dislocated on five occasion... More...
$0 (02-22-2016 - NH)UNITED STATES OF AMERICA v. JONATHAN TANGUAY
This is the second go-round in our appellate review of the denial of a motion to suppress filed <br> by defendant-appellant Jonathan Tanguay. After the district court <br> refused to suppress vital evidence, see United States v. Tanguay <br> (Tanguay I), 907 F. Supp. 2d 165, 186 (D.N.H. 2012), the defendant <br> went to trial. The jury convicted him on a charge of possession <br> of child porno... More...
$0 (02-07-2016 - NH)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 R... 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<br> <br> 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. <br> <br> In August 2015, Potter pleaded guilty to a four count indictment charging him with three counts of possession of ammunition and firearms, in vio... More...
$0 (12-16-2015 - 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 licen... 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 anoth... More...
$0 (10-27-2015 - 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 mandat... 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. <br> 2 <br> The school principal, Barry Albert, downloaded the bus driver’s report on February 8 a... More...
$0 (09-04-2015 - 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 <br> <br> This case involves a series of<br> shifting employment arrangements. Plaintiff-appellant Thomas R.<br> Mason asserts that defendant-appellee TSI Semiconductors America,<br> LLC (TSA), formerly known as Telefunken Semiconductors America,<br> LLC, abridged his con... More...
$0 (07-29-2015 - NH)Gabriel F. Martinez v. Victor F. Petrenko
To maintain a private action<br> under the Fair Labor Standards Act ("FLSA" or "the Act") for a<br> failure to pay for overtime at the mandated rate, an employee must<br> prove a nexus to interstate commerce sufficient to trigger coverage<br> under the Act. The employee can prove this nexus by showing that<br> the employee engaged in commerce for the employer within the<br> meaning of the Act, or ... More...
$0 (07-06-2015 - NH)United States of America v. Misty Maciejewski
CONCORD, NH – Misty Maciejewski, 35, of Northfield, has pleaded guilty in United States District Court for the District of New Hampshire to health care fraud, that involved the theft of more than $29,000 from the United States Department of Veterans Affairs Health Administration.<br> <br> The Veterans Health Administration pays for more than 8.7 million honorably discharged to rec... More...
$0 (06-09-2015 - 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<br> 2<br> 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 Comp... More...
$0 (01-13-2015 - NH)