New Hampshire Homeowners Association Law
 

Robert R. Keller v. Clement and Martha DWyer, & a.


Brentwood, New Hampshire condominium law lawyer represented the Plaintiffs seeking on acquire a parking place.

The plaintiffs, Robert and Susan Keller, co-trustees of the MIKA Trust, challenge the reassignment of a parking space by defendants Clement and Martha Dwyer from one condominium unit that they owned to their other condominium unit. The plaintiffs appeal orders ... More...
   $0 (09-10-2024 - NH)

United States of America v. Alex Stoltman

Concord, New Hampshire bank robbery criminal defense lawyer represented defendant charged with bank robbery.

Alex Stoltman, 23, of Manchester, was charged with bank robbery

According to court documents and statements made in court, on September 2, 2020, Stoltman entered a Citizens Bank branch in Manchester and handed a note to the bank teller that read, in part, “This... More...
   $0 (11-12-2020 - NH)

Thomas Blair v. Lindt & Sprungli (USA), Inc., Crescent Plowing Services, LLC and Securitas Security Services USA Inc.





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)

Theresa Fortier v. Hartford Life and Accident Insurance Company

A disability insurer, Hartford
Life and Accident Insurance Company ("Hartford"), gave notice to
Theresa Fortier that the long-term disability ("LTD") benefits it
had provided her under the Dartmouth Hitchcock Clinic Company Long
Term Disability Plan (the "Plan") would expire because she had not
shown she was eligible for a continuation of those benefits. The
notice informed... More...
   $0 (02-20-2019 - NH)

Jerzy P. Lozinski and Joanna Lozinski v. The Black Bear Lodge-A Condominium Association



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Concord, N... More...
   $0 (11-30-2018 - NH)

United States of America v. Jared Peterson

District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Dalton Man Sentenced to Prison for Fentanyl Trafficking

Jared Peterson, 28, of Dalton was sentenced on Tuesday to serve five years in prison for possessing fentanyl with intent to distribute.

According to court documents and statements made in court, on March 18, 2017, after a drug investigation, law enforcement officers from the Franconia, Sugar Hill, ... More...
   $0 (09-12-2018 - NH)

The State of New Hampshire v. William Edic

The defendant, William Edic, appeals his conviction, following a jury trial in Superior Court (McNamara, J.), on one count of second degree murder and one count of falsifying physical evidence. See RSA 630:1-b, I(b) (2016); RSA 641:6, I (2016). On appeal, the defendant challenges various evidentiary rulings made at trial. We affirm.

The record supports the following facts. The char... More...
   $0 (02-02-2017 - NH)

The State of New Hampshire v. Vic Washington

The State appeals an order of the Superior Court (Houran, J.) dismissing three indictments that charged the defendant, Vic Washington, with identity fraud. See RSA 638:26 (2007). The State argues that the trial court erred in ruling that the term “another person,” as used in RSA 638:26, I(a), refers to an actual, rather than a fictitious, person. We affirm. The following facts are taken from th... More...    $0 (04-02-2016 - NH)

Andrew Cotrupi v. 428 Lafayette, LLC

The trial court found, or the record supports, the following facts. The Condominium was created on August 11, 2006, pursuant to a declaration, which was recorded in the Rockingham County Registry of Deeds. The Condominium is a fourteen-unit building consisting of twelve residential units and two commercial units.
The declaration provides that fourteen of the parking spaces on the condomin... More...
   $0 (02-19-2016 - NH)

United States of America v. Prieto

We begin by summarizing the evidence that sets the stage
for evaluating Prieto's challenges to the sufficiency of the
government's proof in support of the offense for which Prieto was
charged and convicted. In so doing, we take the evidence in a
light favorable to the jury verdict. United States v. Burgos
Montes, 786 F.3d 92, 99 (1st Cir.), cert. denied, 136 S. Ct. 599 More...
   $0 (01-20-2016 - NH)

United States of America v. Gregory Paradis

CONCORD, N.H. – After pleading guilty to a federal offense that involved the theft of money from a labor union, Gregory Paradis, a 37-year-old resident of Barrington, New Hampshire, was sentenced to two years of probation, announced United States Attorney Emily Gray Rice.

Paradis was elected president and senior steward of the Seabrook Nuclear Security Officers Association in M... More...
   $0 (01-12-2016 - 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)

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)

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)

Karen L. Lawrence v. Philip Morris, USA, Inc.

This is an interlocutory appeal from an order of the Superior Court (Smukler, J.) that certified a class represented by the plaintiff, Karen L. Lawrence, consisting of “all individuals who purchased Marlboro Lights cigarettes in New Hampshire from January 1, 1995, until the date of trial.” See Sup. Ct. R. 8. The superior court transferred a single question for our review:

Did the Supe... More...
   $0 (08-22-2012 - 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)

Curtis Avery v. New Hampshire Department of Education

The petitioners, Curtis and Deborah Avery, appeal an order of the Superior Court (McNamara, J.) dismissing their petition for declaratory judgment relating to a lot size waiver granted to respondent Concord School District (District) by respondent New Hampshire Department of Education (DOE). We affirm.

The following facts are taken from the record. In December 2009, the School Board for the... More...
   $0 (10-27-2011 - NH)

Alfred R. Marshall, Jr. v. James J. Burke

The plaintiffs, Alfred and Susan Marshall, appeal an order of the Superior Court (Houran, J.) granting summary judgment in favor of the defendants1 on the plaintiffs’ claim to a prescriptive easement over defendants’ beach front property (the “Beach Lot”) on Lake Ossipee. We reverse and remand.

The summary judgment record reveals the following pertinent facts. The Beach Lot is locat... More...
   $0 (10-27-2011 - 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)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer). The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion for sum... More...    $0 (08-11-2011 - NH)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer).

The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion ... More...
   $0 (08-11-2011 - NH)

William Foote v. Town of Bedford

A town council refused to reappoint the plaintiff to an unpaid advisory commission after he publicly criticized certain of the council's policies. The plaintiff sued, but the district court jettisoned his case at the summary judgment stage. Foote v. Town of Bedford, No. 1:09-cv-171, 2010 WL 3238315 (D.N.H. Aug. 13, 2010). The plaintiff's appeal presents a nuanced First Amendment question about the... More...    $0 (04-21-2011 - NH)

Rita Sutton & a. v. Town of Gilfrod & a.

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching... More...    $0 (03-30-2010 - NH)

Dennis Tulley & a. v. William Sheldon & a.

The plaintiffs, Dennis and Patricia Tulley, appeal the order of the Derry District Court (Stephen, J.) as it pertains to the denial of expert witness costs, attorney’s fees, and prejudgment interest arising out of an action against the defendants, William and Deanna Sheldon. We affirm in part, reverse in part and remand.

The record supports the following facts. On January 31, 2006, the pa... More...
   $0 (09-18-2009 - NH)

Dennis Tulley & a. v. William Sheldon & a.

The plaintiffs, Dennis and Patricia Tulley, appeal the order of the Derry District Court (Stephen, J.) as it pertains to the denial of expert witness costs, attorney’s fees, and prejudgment interest arising out of an action against the defendants, William and Deanna Sheldon. We affirm in part, reverse in part and remand.

The record supports the following facts. On January 31, 2006, the pa... More...
   $0 (09-18-2009 - NH)

Rihcard Mansur v. David Muskopf

The respondents, David Muskopf and Mary Allain, appeal an order of the Superior Court (Houran, J.) ruling that an easement, benefiting non-waterfront property owned by petitioners Richard and Susan Mansur, extends onto the shoreline of their property along Lake Winnipesaukee. We affirm.

The following facts were recited in the trial court’s orders or appear in the record. This appeal inv... More...
   $0 (08-05-2009 - NH)

IMS Health, Inc. and Verispan, LLC v. Kelly A. Ayotte, New Hampshire Attorney General

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb... More...    $0 (11-28-2008 - NH)

Daniel W. Miles, et al. v. W. John Funk, et al.

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)

James W. McCarthy v. Citigroup Global Markets, Inc.

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)

Tyco International, Ltd. v. Mark H. Swartz

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)

Terry W. Kenison, etc., et al. v. Andre Dubois, et al.

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)

Karen and Frank Figlioli v. R.J. Moreau Companies, Inc.

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)

State Farm Mutual Insurance Company v. Kenneth Pitman

The defendant, Kenneth Pitman, appeals an order of the Superior Court (Sullivan, J.) granting summary judgment to the plaintiff, State Farm Mutual Insurance Co., denying uninsured motorist coverage under a policy owned by the defendant. We reverse and remand.

The trial court found the following undisputed facts. On the evening of December 31, 1999, the defendant, a police officer with the M... More...    $0 (11-15-2002 - NH)

City of Manchester v. Airpark Business Center Condominium Unit Owners' Association

In this eminent domain case, the defendants, Airpark Business Center Condominium Unit Owners' Association, New Oxford Realty Trust, and Harvey Road Airpark, L.L.C., appeal an order of the Superior Court (Lynn, J.) precluding them from seeking damages caused by the extension of an airport runway. We affirm.

The record discloses the following facts. The defendants own land improved with commer... More...    $0 (10-31-2002 - NH)

William Tidd & a. v. Town of Alton & a.

The Superior Court (Perkins, J.) vacated the decision of the Town of Alton Zoning Board of Adjustment (ZBA) granting a request for a special exception to the third party respondents, Richard and Gaye Holt. * * * The record supports the following facts. The Holts own a forty-four acre tract of land located within a rural zoning district along County Road in Alton. The plaintiffs, William and Mela... More...    $0 (10-16-2002 - NH)

Carol and Gary Allen v. Dover Co-Recreational softball League, & a.

The plaintiffs, Carol and Gary Allen, appeal a Superior Court (T. Nadeau, J.) order dismissing all counts of their negligence action seeking recovery for injuries suffered when Carol Allen was hit in the head by an errantly thrown softball. We affirm.

The plaintiffs allege the following facts. On September 13, 1998, Carol Allen was injured while participating in a recreational softball game ... More...    $0 (09-30-2002 - NH)

John A. Cookson v. New Hampshire Ball Bearing, Inc., et al.

This is a dispute between the plaintiff, John A. Cookson Company, and the defendants, New Hampshire Ball Bearings, Inc. (NHBB) and NMB Corporation (NMB), relating to the breach of certain sales representative agreements. The plaintiff appeals decisions of the superior court requiring arbitration of its claims against the defendants and upholding the arbitrator’s award. We affirm in part, rev... More...    $0 (12-24-2001 - NH)

Summit Packaging Systems, Inc. v. Kenyon & Kenyon

Appellant Kenyon & Kenyon ("Kenyon") provided appellee Summit Packaging Systems, Inc. ("Summit") legal representation in a patent infringement lawsuit. Dissatisfied with the legal services it received, Summit brought suit against Kenyon in New Hampshire Superior Court. After removing the case to federal court, Kenyon filed a motion to stay the proceedings in favor of arbitration. Kenyon argued tha... More...    $0 (12-03-2001 - NH)

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