Supreme Court of New Hampshire

The Supreme Court of New Hampshire affirmed a superior court judgment quieting title in favor of the Gallos, who for more than twenty years openly used a looped driveway, walls, and plantings extending onto neighboring land.

The court held that the parties did not abandon their subcontract because their changes and deviations were contemplated by the agreement and did not show an intent to cease being bound.

The court affirmed an award of economic-loss damages for negligent misrepresentation arising from the defendants’ pre-sale representations that the property had the necessary permits and was authorized for occupancy.

The court affirmed dismissal of the plaintiff's claims for contract damages based on duress, abuse of process, tortious interference with contractual relations, breach of the duty of good faith and fair dealing, intentional infliction of emotional distress, and negligent failure to train and supervise.

The court affirmed the order requiring the parties’ daughter to attend public school for the 2009–2010 school year. It held that the order resolved an unresolved dispute between parents sharing joint educational decision-making authority rather than modifying a permanent parenting order, so the statutory modification…

The court affirmed an order requiring the defendants to specifically perform an agreement to sell a radio station. It held that the agreement's five-year termination provision was ambiguous and that the parties' conduct showed the termination date was based on the first amended agreement, so the defendants breached by…

The court affirmed dismissal of the plaintiff’s accounting-malpractice and related claims as barred by the statute of limitations. It held that the plaintiff knew or reasonably should have known of both his injury and its causal connection to the defendants’ conduct no later than the IRS deficiency notice in April…

The New Hampshire Supreme Court affirmed Darlene Nightingale’s conviction, holding that the trial court correctly admitted the cocaine‑related conversations, properly refused to give a limiting jury instruction, was not required to grant derivative use immunity, and properly admitted the informant’s prior testimony…

The court affirmed the defendant’s DWI conviction, holding that the improper admission of horizontal gaze nystagmus evidence was harmless beyond a reasonable doubt because overwhelming independent evidence established impairment.

The court affirmed dismissal of claims arising from a student's suicide, holding that a teacher's alleged false report of minor misconduct was not extreme and outrageous as a matter of law.

The New Hampshire Supreme Court affirmed the Superior Court's order of specific performance, holding that the defendants breached the implied covenant of good faith and fair dealing, that the trial court properly exercised its equitable discretion, that the admission of parol evidence to interpret the option agreement…

The court held that a final property division in a divorce decree is a judgment subject to statutory post-judgment interest and upheld the interest award because the respondent retained the property-settlement funds for more than a year.

The court affirmed the divorce decree, holding that the probate court had authority to empower the co-guardians to maintain the divorce action because the guardianship order expressly granted that authority and the governing guardianship statutes permit additional duties when in the ward’s best interests.

The New Hampshire Supreme Court affirmed the Family Division’s orders modifying the parenting plan, refusing to appoint a guardian ad litem, and finding the father in contempt for unpaid daycare expenses.

The New Hampshire Supreme Court affirmed the appellate judgment, holding that the homestead exemption exception in RSA 480:4, III does not apply because the Ameriquest mortgage failed statutory formalities, but it upheld the trial court’s equitable subrogation award, limiting Ameriquest’s recovery to the amount it…

The Supreme Court of New Hampshire affirmed the district court’s dismissal of Plourde Sand & Gravel Co.’s writ. The court held that the plaintiff could not recover purely economic losses in tort because no special relationship existed and the negligent misrepresentation exception was unavailable due to lack of…

The court affirmed the fault-based divorce, custody schedule, alimony award, property distribution, and appeal-related property advance. It vacated the child-support order because the income figure used by the trial court was unsupported by the record, and it vacated unpaid and future attorney-fee awards because the…

The Supreme Court of New Hampshire reversed the trial court's summary judgment on the plaintiff's wrongful discharge claim, holding that constructive discharge could be found, and affirmed summary judgment on the negligent supervision claim as barred by RSA 281-A:8, then remanded for further proceedings.

The court affirmed the judgment awarding the estate compensatory and enhanced compensatory damages for wrongful death and emotional distress. It held that the defendant's murder conviction precluded relitigation of his responsibility for the killing, that his decision not to testify and alleged witness recantation did…

The court affirmed the denial of the respondent’s requests to vacate the default divorce decree, modify the property division, and obtain retroactive modifications of child support and alimony.

The court upheld the jury verdict rejecting Mortgage Specialists’ trade-secret claim because a reasonable jury could find that the company did not take reasonable measures to preserve the secrecy of its customer information.

The court upheld the plaintiff’s strict-liability recovery, ruling that the claims were timely under applicable discovery rules, that the plaintiff could pursue tort and warranty theories simultaneously, and that mitigation expenses could include replacing the defective windows when necessary to prevent continuing…

The court affirmed the judgment upholding Laws 2004, chapter 200. It held that the law was a money bill but originated in the House because the House first approved the Conference Committee's version containing the tax increase, and that the enrolled-bill amendments were technical corrections rather than material…

The court held that Speedway voluntarily assumed a duty to exercise reasonable care when it directed traffic from a public highway onto its property, and that sufficient evidence supported the jury's findings on breach and causation.

The Supreme Court of New Hampshire affirmed a Manchester District Court small claims judgment denying return of a $595.00 security deposit. The court declined to reach the plaintiff's arguments — that the defendant should have been defaulted for missing the first scheduled hearing and that the unpaid rent, cleaning…

The court held that wrongful termination in violation of public policy is a tort, requiring application of respondeat superior to determine the City's vicarious liability for its employee's conduct.

The court affirmed the superior court's determination that the defendants' construction activities created a private nuisance by diverting subsurface water and increasing wetness on the plaintiffs' property.

The New Hampshire Supreme Court reversed the trial court’s summary‑judgment grant, holding that RSA 508:4‑b is a statute of repose and that a genuine factual dispute exists as to when the plaintiff discovered the causal link between the defendants’ work and the septic‑system failure, precluding summary judgment.

The court held that the original codicil did not independently preserve the missing will because the codicil and will functioned as a single testamentary instrument, making an inquiry into revocation necessary.

The court affirmed the defendant’s conviction and sentence for conspiracy to possess marijuana with intent to sell. It held that the delayed disclosure of unrelated grand-jury testimony did not implicate the speedy-trial right, that a conspiracy may exist even when the alleged co-conspirator lacks criminal intent or…

The court affirmed the defendant's murder and conspiracy convictions and the denial of his motion for a new trial. It held that the trial judge was not required to recuse, the defendant received the exculpatory discovery to which he was entitled, the challenged hearsay was properly admitted and reliable under the…

The court affirmed the superior court’s order setting aside the Human Rights Commission’s damages award because the defendant failed to preserve her due process challenge and the record supported the conclusion that the Department of Corrections took prompt and appropriate remedial action.

The court treated the plaintiff's second writ as an amended writ replacing the first and reached the merits in the interest of judicial economy. It held that workers' compensation exclusivity barred the emotional-distress claims against the employer but did not bar the wiretapping, invasion-of-privacy, and…

The court affirmed the defendant's sentences for four counts of felonious sexual assault, holding that the sentencing judge did not improperly rely on evidence of marijuana and related items found in the defendant's apartment.

The court affirmed civil penalties imposed against the defendants for maintaining a mobile home in violation of local zoning requirements and the conditions of a building permit.

The New Hampshire Supreme Court affirmed the Superior Court’s dismissal of the Coyles’ declaratory judgment action and its grant of summary judgment on the breach of contract and unjust enrichment claims.

The court held that the allegations adequately pleaded fraud and negligent misrepresentation against the sellers and an unfair-or-deceptive-trade-practices claim against the realtor and brokerage.

The New Hampshire Supreme Court affirmed the Superior Court's dismissals of the plaintiffs' constitutional claims and intentional infliction of emotional distress claim. It held that the plaintiffs had not exhausted required administrative remedies, giving the public employee labor relations board primary…

The Supreme Court of New Hampshire affirmed the Superior Court’s dismissal of the plaintiff’s claims, holding that the trial court did not abuse its discretion in refusing a Rule 58 hearing, that absolute witness immunity shields the defendants’ pre‑litigation appraisals because eminent domain litigation was…

The Supreme Court of New Hampshire affirmed the conviction, holding that a trial court must conduct a Hopps‑type inquiry when aware of any potential or actual conflict of interest involving a defense attorney’s representation of a State witness, but that failure to conduct such an inquiry does not itself require…