New Hampshire Immunity Law
 

Tamre McCrea & a. v. New Hampshire Department of Transportation

Concord, New Hampshire personal injury lawyer represented the Plaintiff on a negligence claim.

. This case arises from a motor vehicle accident that occurred at 4:30 p.m. on September 27, 2015 at the intersection of Route 106 and Staniels Road in Loudon (intersection). Plaintiff Tamre McCrae was traveling south on Route 106 when, while attempting to make a left turn onto Staniels Road, he... More...
   $0 (06-30-2025 - 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.

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:

Duty of Care:

Property owners owe a duty of c... More...
   $1 (01-03-2024 - NH)

Stephen DiChiara v. The Town of Salem and The New Hampshire Attorney General

Concord, New Hampshire civil rights lawyer represented Plaintiff, who sued Defendants for violating his civil rights in various ways.

Stephen DiChiara brings this action against the Town of Salem and the State of New Hampshire.[1] In his complaint, DiChiara advances a variety of claims under the United States Constitution, the New Hampshire Constitution, and New Hampshire common law. He s... More...
   $0 (08-30-2022 - nh)

Frank Staples v. Richard Gerry





This appeal concerns three claims that a New Hampshire State Prison
("NHSP") inmate brought against two of the prison's officers in a
lawsuit under 42 U.S.C. § 1983 alleging violations of his federal
constitutional rights. The inmate alleges in the first of t... More...
   $0 (04-24-2019 - NH)

Jonathan Leite v. Kathy Bergeron





This appeal is from the
rejection of a claim of unconstitutional deliberate indifference
by a corrections officer to the health and safety of an inmate,
Jonathan Leite. Leite v. Goulet, No. 15-CV-280-PB, 2018 WL
3057740 (D.N.H. June 20, 2018). Leite was badl... More...
   $0 (12-22-2018 - NH)

United States of America v. Daniel Sullivan

District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms

Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms.

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

Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

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. Robert Grimpson Smith

The pertinent facts are as follows. On August 2, 2014, Officer Alden responded to a report that a woman, later identified as Kerry St. Lawrence, had collapsed on the lawn outside 14 Bank Street in Lebanon. When Alden arrived, he saw St. Lawrence sitting bent over on the lawn, approximately six feet from the entrance of the rooming house located at that address. Alden called out to her, but she ... More...    $0 (02-02-2017 - NH)

Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker

Brian Blackden is a part-time freelance photographer who
for years has sent photos to a bunch of regional-media outlets,
including Belsito Communications, Inc. (just "Belsito" from now
on). Belsito and Blackden filed this suit alleging that New
Hampshire State Trooper James Decker violated their constitutional
rights when he seized Blackden's camera at the scen... More...
   $0 (12-29-2016 - 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 (04-23-2016 - 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)

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)

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)

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)

Stephen L. D'Angelo v. New Hampshire Supreme Court

Plaintiff-Appellant Stephen L. D'Angelo ("D'Angelo"), a licensed attorney appearing pro se, appeals an order from the District Court of New Hampshire dismissing, for failure to state a claim, his complaint against the Defendant-Appellee New Hampshire Supreme Court ("NHSC") and Defendant-Appellee Brian Germaine ("Germaine"), a court appointed Commissioner in the underlying alimony and child suppor... More...    $0 (01-30-2014 - NH)

Crystal Moses v. Mark Mele

Plaintiff-appellant Crystal Moses seeks damages for what she alleges was false arrest and malicious prosecution attributable to defendant-appellee Mark Mele. In a thoughtful opinion, the court below concluded that the defendant was protected by qualified immunity under federal law and official immunity under New Hampshire law. Moses v. Mele, No. 10-CV-253, 2012 WL 1416002, at *4 (D.N.H. Apr. 24, ... More...    $0 (03-27-2013 - NH)

Christopher G. Machado v. Weare Police Department

Christopher Machado brought a section 1983 action against several officers of the Weare, New Hampshire Police Department. 42 U.S.C. § 1983 (2006). Because Machado is currently incarcerated, his complaint was subject to screening under 28 U.S.C. § 1915A (2006); a magistrate judge recommended dismissal and the district court agreed. Machado now appeals. Because this is effectively a motion to dis... More...    $0 (10-03-2012 - NH)

Alfred Ocasio v. Federal Express Corporation

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... 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)

Alfred Ocasio v. Federal Express Corporation

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... More...    $0 (09-22-2011 - NH)

Joseph Laramie v. Shawn Stone

The defendants, Shawn Stone and Todd Connor, appeal a jury verdict awarding the plaintiffs, Joseph Laramie and Timothy Hallam, $650,000 and $1.3 million, respectively, in compensatory damages. We affirm in part, reverse in part and remand.

The record supports the following relevant facts. The parties worked together for the department of corrections (DOC) at the New Hampshire State Prison i... More...
   $0 (06-30-2010 - NH)

Helen Martin & a. v. Pat's Peak, Inc.

This case comes before us on an interlocutory transfer without ruling from the Superior Court (Mangones, J.). See Sup. Ct. R. 9. The question is whether the plaintiffs, Helen Martin and her husband Michael Martin, may maintain negligence and loss of consortium claims against the defendant, Pat’s Peak, Inc. (Pat’s Peak), for injuries Helen Martin sustained while snow tubing at the Pat’s Peakâ... More...    $0 (05-21-2009 - NH)

Sara Realty, LLC v. Country Pond Fish and Game Club, Inc.

The petitioner, Sara Realty, LLC (Sara Realty), appeals an order of the Superior Court (Lewis, J.) granting summary judgment to the respondent, Country Pond Fish and Game Club, Inc. (Country Pond), based upon its conclusion that RSA chapter 159-B (Supp. 2008) barred the petitioner’s action and was not unconstitutional. We affirm.

The trial court found or the record supports the following ... More...
   $0 (04-14-2009 - 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)

Joseph K. Levasseur v. U.S. Postal Service

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)

Sarah Everett v. General Electric Company, et al.

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)

Robert Depoutot v. John Raffaelly

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)

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)

Robert McIntire v. Susan H. Lee, et al.

The defendants, Susan H. Lee and Fay E. Melendy, appeal from a jury verdict finding them liable for legal malpractice in their representation of the plaintiff, Robert McIntire. Specifically, they argue that the Superior Court (O'Neill, J.) erred by: 1) allowing the plaintiff's expert witness to render an opinion that was not disclosed prior to trial; 2) allowing the plaintiff to satisfy his burden... More...    $0 (02-19-2003 - 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)

Stephen Laro v. State of New Hampshire

This case requires us to address the scope of congressional power under Section 5 of the Fourteenth Amendment to abrogate the immunity of the states from suit in federal court which the states would otherwise enjoy under the Eleventh Amendment and Supreme Court precedent. At issue is whether the creation of a private cause of action against a state for money damages under the personal medical leav... More...    $0 (08-07-2001 - NH)

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