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New Hampshire Law Blog

New Hampshire state law news.
By David Austin and Jim Burke

Post Frequency: 0.4/day

Last Entry: February 18, 2010 at 16:36:21

Father Swindles Disabled Daughter

Posted on September 17, 2008
An article in the Union Leader reports that David Burns is already serving time in a New Hampshire state prison after being convicted of trying to strangle his girlfriend in 2004. Now he faces an additional sentence of up to 20 years after pleading guilty in U...

No Charges Yet in Winnipesaukee Accident

Posted on September 15, 2008
Authorities investigating the June 15th fatal Lake Winnipesaukee boating accident that killed one passenger and hospitalized another passenger and the driver are waiting for forensic results before forwarding the case to the county attorney. Lt. Tim Dunleavy of the New Hampshire Marine Patrol said the department has completed its investigation of the June 15 crash that [...

Evicted Woman Gets Damages

Posted on September 11, 2008
According to an article in the Rutland Journal, a Windham Superior Court jury in Vermont has determined that a Brattleboro woman should receive $290,000 in damages because she was unlawfully evicted from her home. The jury found that Denise Brennan should receive damages from both her landlord and the Windham County Sheriff Department that evicted her...

Potential Problem Drugs

Posted on September 08, 2008
The Food and Drug Administration has this month begun to issue a quarterly report of potential safety issues. The report lists drugs that are being evaluated for potential safety issues, drugs that have been identified by reviewing reports in the FDA’s Adverse Event Reporting System (AERS)...

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Liver Angiosarcoma and Vinyl Chloride

Posted on September 05, 2008
Liver Angiosarcoma is a rare form of cancer that has often been associated with Vinyl Chloride exposure. Head on over to our website to learn more about connection. Angiosarcoma and Burke & Eisner

NH Law Blog has Moved

Posted on December 14, 2007
We've moved the Blog. These posts will still be around for a while...But. The new address for the Blog is: www.nhlawblog.com Same Great Content. See you there. Dave

Immediate License suspension saves lives.

Posted on August 19, 2007
From over in the Washington DC area from a personal injury blog there, I found this entry on a study that shows that when a driver's license is suspended right away, (that is as soon as he or she fails...

Auto Manufacturer Liable for Purchase Price for Lemon, not Dealer's Inflated Price

Posted on July 07, 2006
The New Hampshire Supreme Court recently ruled that Daimler Chrysler was not liable for the price on the retail installment contract for a lemon sold to a consumer, but only for the actual purchase price. (Click here to read decision.)...

Landlord to Pay $1,000.00 Per Day in Damages

Posted on June 26, 2006
The New Hampshire Supreme Court has held that a landlord who interfered with a Tenant's access to the rented premises was subject to a $1,000.00 per day damage provision under RSA 540-A. In the case of Simpson v. Young, the...

U.S. Supreme Court Upholds Workers' Rights

Posted on June 23, 2006
The United States Supreme Court recently held that, under certain circumstances, employees who complain about sexual harassment and other discrimination may be awarded damages if their employers punish them for doing so, according to the Washinton Post...

NH Supreme Court Overturns Malpractice Case

Posted on May 02, 2006
The New Hampshire Supreme Court has reversed a $2.3 million jury decision in a "wrongful birth"malpractice case against Dartmouth-Hitchcock Medical Center, ruling that the hospital sufficiently informed a couple about the potential for their unborn son to have significant birth...

Consumer Protection Act Protects Individuals and Small Businesses

Posted on March 27, 2006
In New Hampshire, individuals and small businesses are fortunate to have an important law protecting them from unfair and deceptive trade practices by unscrupulous people and businesses. The NH Consumer Protection Act prohibits unfair and deceptive actions and provides consumers...

Foreclosure - Homeowners may be Targets

Posted on March 23, 2006
There are many reasons why a borrower might be unable to make loan payments on a mortgage. Anyone can lose a job, become disabled or just make a mistake on a budget plan. Sometimes, lenders are willing to work with...

One Legislator Wants to Usurp Court's Traditional Role

Posted on January 12, 2006
One legislator has sponsored a proposed Constitutional Amendment this year (2006) to give the legislature the power to override the rules that govern court procedures. CACR 0036 was introduced this session by Rep. J. Wheeler, and it is introduced as....

Trail Groomers Seek Immunity For Their Negligence

Posted on January 06, 2006
HB 1402, being introduced during the 2006 New Hampshire legislative session, is intended to relieve trail groomers from any duty to use reasonable care when constructing, maintaining or improving any trails for public use. (Click here to view HB 1402...

Disputes With Homebuilders - A New Law

Posted on December 29, 2005
On January 1, 2006, New Hampshire HB 469, goes into effect. This new law will regulate disputes between homeowners and building contractors relative to residential construction defects. The law essentially provides for a process in which homeowners and builders may...

Your Cell Phone Records are not Private

Posted on December 28, 2005
The New Hampshire Supreme Court recently held that a defendant in a criminal case did "not have a reasonable expectation of privacy in information concerning his cellular telephone calls that was recorded for billing purposes and retained by U.S. Cellular...

Manufactured Housing Board Posts Orders on the Web

Posted on December 27, 2005
When the owner of a manufactured home located in a manufactured housing park believes that the park owner has violated his/her rights, the owner may be able to address these issues with the NH Board of Manufactured Housing. The law...

Small Claims Getting Resolved Through Mediation

Posted on December 23, 2005
Now that the New Hampshire District Court Small Claims Mediation Program is underway, cases are getting resolved before they go to trial. I know this because I am one of the mediators. If you happen to find yourself in district...

Trial Lawyers Give Thousands to Medicaid

Posted on December 22, 2005
Medicaid is a state program which pays medical bills and related expenses for certain qualified, low-income families. When a person is injured in an accident in New Hampshire, and is represented by an attorney, that attorney is required by law...

Driving While Text Messaging?

Posted on December 02, 2005
Driving while talking on the phone is bad enough. This person was text messaging while driving. The result...Someone died and he is charged with a misdemeanor. This happened in Colorado. A teenage driver accused of text messaging behind the wheel...

NH Medical Malpractice Rates will be reviewed.

Posted on October 17, 2005
The New Hampshire State Insurance Commissioner ruled last week that:New Hampshire's marketplace for medical malpractice insurance for doctors, surgeons and hospitals is too concentrated and noncompetitiveWhat this basically means is that the Insurance Commission will review rate changes before they...

London Style Surveillance

Posted on September 06, 2005
Coming to a highway near you soon: Surveillance cameras to monitor traffic and emergencies. According to the "Union Leader" the state has plans to get these cameras up on the interstates soon and then to expand them to other commuter...

Motorcycle Accident Increase

Posted on September 06, 2005
The meeting that occurred in NH a month ago has gotten the attention of USA Today. That meeting was called to talk about the reason behind the increase in motorcycle accidents in New Hampshire. What did they come up with...

Insurance Companies are Protected

Posted on September 01, 2005
Many severely injured people come to my office seeking to recover medical bills, lost wages and property damage losses they have suffered because of someone else's negligence. They are often surprised to learn that, over the years, corporations and the...

U-turns! What are people thinking...

Posted on August 31, 2005
I read in the Laconia Daily Sun this morning about an accident that occurred yesterday on Route 11A here in Gilford. Car #1 pulled into the breakdown lane, kept driving and then when Car #2 tried to pass, Car #1...

Bacterial Meningitis in Hampton

Posted on August 31, 2005
The Union Leader, WMUR and the Boston Globe all reported on a case of Bacterial Meningitis in a Hampton Day Care Center. This particular case was caused by Meningococcal disease. As noted in the Union Leader article, notice to parents...

District Court - Small Claims Mediation

Posted on August 30, 2005
The New Hampshire District Court system recently held its training for the new District Court mediation program. Attorneys selected to act as mediators for the program were assigned Courts in particular towns for which they were asked to commit to...

VIOXX - Merck Found Liable for Man's Death

Posted on August 19, 2005
Merck & Co. was ordered to pay over $253 million to the family of a man from Texas who died after taking Vioxx, a pain medication produced by the company. This was the first injury case to go to trial...

Motorcycle Deaths in NH Rise

Posted on August 10, 2005
From the Nashua Telegraph today, an article about Motorcycle deaths. They rose pretty significantly from 2003 to 2004. In 2003, there were 9 deaths. In 2004, there were 27. (That's a 300% increase) So far this year (2005), there have...

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