New Hampshire Intentional Tort Law
<h2> <center> United States of America v. Charles Santich </h2> </center>
Concord, New Hampshire, criminal defense lawyer represented the Defendant charged with knowingly discharging acidic water into the Souhegan River. Charles Santich, 60, and his company, Old Dutch Mustard Co., Inc., d/b/a Pilgrim Foods, Inc. dumped acidic water into the Souhegan River in New Hampsire. The Clean Water Act “CWA” prohibits the discharge of any pollutant into navigable waters... More...
$ (04-10-2026 - NH)Tamre McCrea & a. v. New Hampshire Department of Transportation
Concord, New Hampshire personal injury lawyer represented the Plaintiff on a negligence claim.<br> <br> . 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)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)Christopher J. Dobrowski v. United States of America
Littleton, New Hampshire personal injury car wreck lawyer represented Plaintiff, who sued the United States on a Federal Tort Claims Act auto negligence theory claiming to have been injured and/or damages in a motor vehicle accident caused by a U.S. Forest Service employee.... More...
$0 (01-07-2022 - NH)Kelly Rota v. Jennifer Lunna
Concord, NH: Personal injury lawyer represented Plaintiff, who sued Defendant on a non-motor vehicle tort theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of Defendant's acts, errors and/or omissions.<br> <br> This case was initially filed in the Rockingham County Superior Court, 218-2019-CV-0039 , and was removed to federal court by the Defendant. ... More...
$0 (09-08-2021 - NH)Thomas J. Murray, Jr. and Lynn Murray v. Town of Windham, NH
Concord, NH: Civil rights lawyer represented Plaintiffs, who sued defendant on n Americans with Disabilities Act violation theory.<br> <br> 42 U.S.C. §12101. Findings and purpose<br> (a) Findings<br> The Congress finds that—<br> (1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental d... More...
$0 (07-01-2021 - NH)William Phillips v. United States of America
Concord, New Hampshire Federal Tort Claims Act personal injury lawyer represented William Phillips, Individually and as Executor of the Estate of Amanda Kurtis, who sued United States of America on a Federal Tort Claims Act theory.... More...
$1 (11-01-2020 - NH)Carlos Gonzalez v. United States of America
<center><br> <h1><br> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a><br> <font Color="Red">The Better Way To Market Your Services On The Internet<br> Call: 888-354-4592 Today!<br> </font><br> </h1><br> </center><br> <br> Concord, NH - Carlos Gonzalez sued The United States of America (Department of Justice... More...
$0 (07-10-2019 - 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 E. Musso, Sr.
<center><br> <img width="300" src="http://www.courthouses.co/wp/wp-content/uploads/2014/06/1235NE14-1000x288.jpg"><br> </center><br> <br> The government appeals from the<br> district court's pretrial dismissal of four charges of violations<br> of the National Firearms Act (NFA), 26 U.S.C. § 5801 et seq.,<br> brought against Daniel Musso. Musso bought four military M67<br> fragmentation grenades f... More...
$0 (01-27-2019 - 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)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)<b>UNITED STATES OF AMERICA v. PETER APICELLI</b> <table> <td>
In September 2013, New Hampshire law enforcement <br> officials received information from a Campton town employee named <br> Robert Bain about a potential marijuana grow near Chandler Hill <br> Road and Mason Road. On September 5, state police officers met <br> with Bain near Chandler Hill Road to locate the marijuana plants. <br> The area by Chandler Hill Road and Mason Road was heavily wooded.... More...
$0 (10-17-2016 - 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)Terry Ann Bartlett v. The Commerce Insurance Company
The trial court recited the following facts. The petitioner was injured in a motor vehicle accident in New York in August 2004, when the motorcycle on which she was a passenger, which Jeffrey Vilagos owned and operated, was struck by a motor vehicle operated by Myroslaw Mykijewycz. Mykijewycz is insured by Allstate Insurance Company (Allstate) under a policy that provides liability insurance cov... More...
$0 (02-22-2016 - 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)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)Kurt West v. Bell Hilicopter Textron, Inc.
For thousands of years,<br> humanity has looked to the sky and dreamt of flying. Philosophers<br> and poets have had much to say on the subject, leaving in their<br> wake a bevy of quotes and sayings about the beauty of flight.1 The<br> Federal Rules of Civil Procedure, although elegant in their own<br> way, have so far failed to inspire such devotion.<br> Though this case arises out of a helicopt... More...
$0 (08-02-2015 - 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)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.<br> The record establishes the following facts. The plaintiffs own a house in Laconia. The lot on which the house sits was purchased by Drouin Builde... More...
$0 (02-12-2015 - NH)United States of America v. Anthony Silva
Anthony Silva was convicted in district court of possessing with intent to defraud counterfeit United States currency in violation of 18 U.S.C. § 472. On appeal, Silva claims that the district court erred in admitting evidence seized by police during and after his arrest, denying his motion for a judgment of acquittal based on the insufficiency of the evidence, and issuing a prejudicial jury i... More...
$0 (02-05-2014 - 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 Maeâ€); and Harmon Law Offices, P.C. ("Harmonâ€). Schaefer's complaint sought an injunction barring his impending eviction; an orde... More...
$0 (10-02-2013 - NH)Anthony Zeno v. Pine Plains Central School District
During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat... More...
$0 (12-04-2012 - NH)Robert Pelkey v. Dan's City Used Cars, Inc. d/b/a Dan's City Auto Body
The plaintiff, Robert Pelkey, appeals the decision of the Superior Court (Garfunkel, J.) granting the motion for partial summary judgment of the defendant, Dan's City Used Cars, Inc. d/b/a Dan's City Auto Body. We reverse and remand.<br><br>I. Background<br><br>The following facts are drawn from the record. In March 2009, the plaintiff brought suit against both his landlord, Colonial Village, and ... More...
$0 (04-10-2012 - 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 in... More...
$0 (05-11-2012 - NH)Richard Fellows v. Robin Tennant Colburn
The defendants, Robin Tennant Colburn and Ronald and Richard Tennant, appeal an order of the Superior Court (Sullivan, J.) denying their motion to dismiss this action by the plaintiffs, Richard and Cheryl Fellows and Benjamin Bellerose, for negligence and violation of federal law for lack of personal jurisdiction. We reverse.<br><br>The trial court's order recites, or the record supports, the foll... More...
$0 (11-22-2011 - 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 aft... More...
$0 (09-22-2011 - 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.<br><br>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 pra... More...
$0 (09-15-2011 - 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.<br><br>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)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 aft... More...
$0 (09-22-2011 - NH)David J. Lovejoy v. James Daniel Linehan
The plaintiff, David J. Lovejoy, appeals an order of the Superior Court (Nicolosi, J.) dismissing his claim for invasion of privacy by public disclosure of private facts against defendants James Daniel Linehan and Mark Peirce. We affirm.<br><br>The following facts are recited in the trial court's order or are supported by the record. This case arises out of the 2009 election for Rockingham County ... More...
$0 (02-23-2011 - NH)Northern Security Insurance Company v. Michael Connors
The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei... More...
$0 (03-31-2011 - NH)Dean J. Waterfield v. Meredith Corporation
The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.<br> <br> The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.... More...
$0 (04-14-2011 - NH)Akwa Vista, L.L.C. v. NRT, Inc. d/b/a Coldwell Banker Residential Brokerage
The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court's (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims against ... More...
$0 (07-23-2010 - 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.<br><br>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)Monique J. Harrington v. City of Nashua, et al.
This appeal involves the timing and elements of causes of action brought under 42 U.S.C. § 1983 for alleged Fourth Amendment violations in the nature of false imprisonment and malicious prosecution. In the course of addressing those matters, however, we must iron out a wrinkle concerning the scope and effect of a judicial admission. Ruling at the summary judgment stage, the district court found... More...
$0 (07-01-2010 - NH)Lyubov Y. Gorelik, M.D. v. Kevin R. Costin
r. Lyubov Gorelik ("Gorelik") appeals from the dismissal of her five-count complaint against Defendant-Appellee Kevin Costin ("Defendant") in his official capacity as president of the New Hampshire State Board of Medicine. Counts I through IV of Gorelik's complaint assert that Defendant violated her due process and equal protection rights under 42 U.S.C. § 1983 and the Fourteenth Amendment. All... More...
$0 (05-21-2010 - NH)Douglas C. Beer v. Terry M. Bennett
The defendant, Terry M. Bennett, appeals a decision of the Portsmouth District Court (DeVries, J.) finding, inter alia, that he violated the Consumer Protection Act (CPA), RSA ch. 358-A (2009), in the sale of a car to the plaintiff, Douglas C. Beer. The plaintiff cross-appeals on issues related to the award of damages. We affirm.<br> <br> The trial court found, or the record supports, the followin... More...
$0 (04-20-2010 - NH)