New Hampshire Case Commentaries

Material Prejudice and Proof of Coverage Gaps in Wireless Tower Zoning: Commentary on Whittier Communications, Inc. v. Town of Wakefield

Date: Dec 16, 2025

Material Prejudice and Proof of Coverage Gaps in Wireless Tower Zoning: Commentary on Whittier Communications, Inc. v. Town of Wakefield I. Introduction This commentary analyzes the Supreme Court of...

Scrivener’s Errors, Pension Division, and Interim Orders in Divorce: Commentary on In the Matter of Warren & Jean Jackson (N.H. 2025)

Date: Nov 22, 2025

Scrivener’s Errors, Pension Division, and Interim Orders in Divorce: Commentary on In the Matter of Warren & Jean Jackson (N.H. 2025) I. Introduction The New Hampshire Supreme Court’s order in In the...

Reasonable Need, Not the Formula, Controls Term Alimony Under RSA 458:19-a: Commentary on In the Matter of Laurie Bondaz & Jean‑Pierre Bondaz

Date: Nov 22, 2025

Reasonable Need, Not the Statutory Formula, Controls Term Alimony Under RSA 458:19-a: Commentary on In the Matter of Laurie Bondaz & Jean‑Pierre Bondaz Commentary on the New Hampshire Supreme Court’s...

State v. Laforest: Defining the “Appropriate Court” Under New Hampshire’s Interstate Agreement on Detainers

Date: Nov 22, 2025

State v. Laforest: Defining the “Appropriate Court” Under New Hampshire’s Interstate Agreement on Detainers I. Introduction In State v. Laforest, 2025 N.H. 49 (Nov. 21, 2025), the New Hampshire...

“Personnel Information” and Foreseeable Admissibility: Doe v. Concord Police Department and the Scope of New Hampshire’s Exculpatory Evidence Schedule

Date: Nov 20, 2025

“Personnel Information” and Foreseeable Admissibility: Doe v. Concord Police Department and the Scope of New Hampshire’s Exculpatory Evidence Schedule I. Introduction The Supreme Court of New...

UAGPPJA Is the Exclusive Basis for Adult Guardianship Jurisdiction in New Hampshire; “Home State” Is Determined by Physical Presence and a Respondent’s Objection Defeats Significant‑Connection Jurisdiction

Date: Nov 9, 2025

UAGPPJA Is the Exclusive Basis for Adult Guardianship Jurisdiction in New Hampshire; “Home State” Is Determined by Physical Presence and a Respondent’s Objection Defeats Significant‑Connection...

Stipulated Relocation Timelines Do Not Terminate UCCJEA Exclusive, Continuing Jurisdiction Absent RSA 458-A:13 Findings

Date: Nov 1, 2025

Stipulated Relocation Timelines Do Not Terminate UCCJEA Exclusive, Continuing Jurisdiction Absent RSA 458-A:13 Findings Introduction In the Matter of Taylor Coyne and Ashley Blanchfield (N.H. Sup....

Statutory Right of Way and Directed Verdicts in Negligence: Commentary on Sheila Jenot v. Lyman Jenot, Jr. & a.

Date: Oct 29, 2025

Statutory Right of Way Does Not Justify a Directed Verdict in Negligence: Commentary on Sheila Jenot v. Lyman Jenot, Jr. & a. (N.H. 2025) 1. Introduction This New Hampshire Supreme Court order in...

Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D)

Date: Oct 24, 2025

Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D) Introduction In Appeal of Pittsfield School District, 2025 N.H. 46 (Oct....

Ball v. Roman Catholic Bishop of Manchester: RSA 508:4-g Cannot Revive Pre-2020 Time-Barred Sexual-Assault Claims; Police-Power Balancing Limited to Contract-Impairment; Vested Limitations Defense Reaffirmed

Date: Oct 16, 2025

Ball v. Roman Catholic Bishop of Manchester: RSA 508:4-g Cannot Revive Pre-2020 Time-Barred Sexual-Assault Claims; Police-Power Balancing Limited to Contract-Impairment; Vested Limitations Defense...

No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business

Date: Oct 8, 2025

No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business Introduction In Michael L. McLaughlin v....

Judkins Clarifies: Testimony About the Absence of a DMV Decertification Request Is Not Hearsay, and Lesser-Included OAS Instructions Require an Independent Evidentiary Basis

Date: Sep 26, 2025

Judkins Clarifies: Testimony About the Absence of a DMV Decertification Request Is Not Hearsay, and Lesser-Included OAS Instructions Require an Independent Evidentiary Basis Introduction In State of...

Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Date: Sep 20, 2025

Charging Official Cannot Preside: Recusal Required for Agency Head Who Signed Revocation; Certiorari Is the Proper Review Path Introduction In Petition of Dean, 2025 N.H 44, the New Hampshire Supreme...

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Date: Sep 20, 2025

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: State v. Rodriguez, 2025 N.H. 43 Introduction In State v. Rodriguez, 2025 N.H. 43, the Supreme Court of New Hampshire affirmed...

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support — In the Matter of Carr & Carr (N.H. 2025)

Date: Sep 18, 2025

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support Commentary on In the Matter of Clara Carr and Ryan Carr, Supreme Court of New...

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Date: Sep 13, 2025

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I Introduction In Appeal of Tower Hill Tavern, LLC, 2025 N.H. 41, the New Hampshire Supreme...

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Date: Sep 13, 2025

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required Introduction In State of New Hampshire v. Donald Thompson (No. 2024-0519), decided by...

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Date: Sep 13, 2025

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025) Introduction In S.L. v....

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Date: Sep 13, 2025

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s...