The Supreme Court of New Hampshire (“Supreme Court”) in an April 9th, 2024 Opinion addressed an issue arising out of a proposal to install a solar panel array. See Mojalaki Holdings v. City of Franklin, 2024 N.H. 17 (2024)....more
On November 29, 2023, the Supreme Court of New Hampshire decided Brown v. Secretary of State, a 3–2 decision that held that partisan gerrymandering (the act of drawing voting districts in a way that favors one political party...more
The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more
The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and...more
Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more
On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not recognize a cause of action for recovery...more
In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more
Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v....more
In this burgeoning era of creative and aggressive tax collecting efforts by localities, the New Hampshire Supreme Court has unanimously struck down a state statute from permitting localities to profit from sales of properties...more
Last week, Judge Richard McNamara ruled that the plaintiffs were likely to succeed in their challenge to the very stringent standards for PFAS in drinking water promulgated by the New Hampshire Department of Environmental...more
In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for...more
The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States...more
Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New Hampshire provides some hope that employers will be able to dispose of...more
After two years of litigation, Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act — the so-called “Auto Dealer’s Bill of Rights” (codified at RSA 357-C) — has survived scrutiny by the New Hampshire...more