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  • Commentaries
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New Hampshire Case Commentaries

ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire: Commentary on In re K.O., 2025 N.H. 39

ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire: Commentary on In re K.O., 2025 N.H. 39

Date: Sep 5, 2025
ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire Commentary on In re K.O., 2025 N.H. 39 (N.H. Sept. 4, 2025) Introduction In In re K.O., 2025 N.H. 39, the New...
"Justice Requires" Can Extend Alimony Beyond the 50% Duration Guideline: Caregiving-Based Economic Injury and Property Division as Special Circumstances in New Hampshire

"Justice Requires" Can Extend Alimony Beyond the 50% Duration Guideline: Caregiving-Based Economic Injury and Property Division as Special Circumstances in New Hampshire

Date: Aug 30, 2025
"Justice Requires" Can Extend Alimony Beyond the 50% Duration Guideline: Caregiving-Based Economic Injury and Property Division as Special Circumstances in New Hampshire Introduction In the Matter of...
Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock

Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock

Date: Aug 29, 2025
Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock Introduction In State of New Hampshire v. John Santiago (No....
Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis

Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis

Date: Aug 28, 2025
Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis Introduction In Taylor Community v. City of Laconia, 2025 N.H. 38, the Supreme...
Dynamic IP Circumstantial Evidence Can Sustain Criminal Contempt; Date and Time Are Not Elements of Contempt or Probation Violations in New Hampshire

Dynamic IP Circumstantial Evidence Can Sustain Criminal Contempt; Date and Time Are Not Elements of Contempt or Probation Violations in New Hampshire

Date: Aug 21, 2025
Dynamic IP Circumstantial Evidence Can Sustain Criminal Contempt; Date and Time Are Not Elements of Contempt or Probation Violations in New Hampshire Introduction In State of New Hampshire v. Ian...
Residency by Intent: New Hampshire Validates Rule 902.01 and Denies Credit for Out-of-State Taxes under the Interest and Dividends Tax

Residency by Intent: New Hampshire Validates Rule 902.01 and Denies Credit for Out-of-State Taxes under the Interest and Dividends Tax

Date: Aug 20, 2025
Residency by Intent: New Hampshire Validates Rule 902.01 and Denies Credit for Out-of-State Taxes under the Interest and Dividends Tax Introduction In Morris v. Commissioner, N.H. Department of...
No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value

No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value

Date: Aug 15, 2025
No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value Introduction In...
Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025)

Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025)

Date: Aug 13, 2025
Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025) Introduction In Keene Publishing Corporation...
Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Date: Aug 13, 2025
Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a...
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Date: Aug 13, 2025
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi Introduction In State of New Hampshire v. Matthew Rinaldi...
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Date: Aug 13, 2025
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of...
Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower

Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower

Date: Aug 7, 2025
Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower Introduction Case: In the Matter of Valerie Bois and Alan Bois Court: Supreme Court of New Hampshire...
No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k)

No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k)

Date: Aug 7, 2025
No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k) Case: State v. Reed, 2025 N.H. 34 (N.H. Aug. 6, 2025)...
Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I

Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I

Date: Aug 2, 2025
Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I Introduction In BDP Holdings, LLC v. The Eideard Group, LLC &...
State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case

State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case

Date: Jul 31, 2025
State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case Introduction In...
Calder’s “Express Aiming” Requires More Than Foreseeable In‑State Harm: General Out‑of‑State Tax Rules and Routine Enforcement Letters Do Not Create New Hampshire Personal Jurisdiction Over Foreign Officials

Calder’s “Express Aiming” Requires More Than Foreseeable In‑State Harm: General Out‑of‑State Tax Rules and Routine Enforcement Letters Do Not Create New Hampshire Personal Jurisdiction Over Foreign Officials

Date: Jul 23, 2025
Calder’s “Express Aiming” Requires More Than Foreseeable In‑State Harm: General Out‑of‑State Tax Rules and Routine Enforcement Letters Do Not Create New Hampshire Personal Jurisdiction Over Foreign...
No Tenancy by Form or Family Arrangement: RSA 540-A Requires a True Lease (Auclair v. Harvey, N.H. July 22, 2025)

No Tenancy by Form or Family Arrangement: RSA 540-A Requires a True Lease (Auclair v. Harvey, N.H. July 22, 2025)

Date: Jul 23, 2025
No Tenancy by Form or Family Arrangement: RSA 540-A Requires a True Lease Commentary on: Adrien Auclair v. Colton Harvey & a., Supreme Court of New Hampshire, No. 2024-0186, Order dated July 22, 2025...
Reasonable Necessity Persists Under New Hampshire’s Stand‑Your‑Ground Law; Mere Non‑Recovery of a Weapon Cannot Sustain Falsifying‑Evidence Convictions — Commentary on State v. Harris, 2025 N.H. 32

Reasonable Necessity Persists Under New Hampshire’s Stand‑Your‑Ground Law; Mere Non‑Recovery of a Weapon Cannot Sustain Falsifying‑Evidence Convictions — Commentary on State v. Harris, 2025 N.H. 32

Date: Jul 23, 2025
Reasonable Necessity Persists Under New Hampshire’s Stand‑Your‑Ground Law; Mere Non‑Recovery of a Weapon Cannot Sustain Falsifying‑Evidence Convictions Commentary on State v. Harris, 2025 N.H. 32...
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Date: Jul 22, 2025
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings...
No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)

No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)

Date: Jul 18, 2025
No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks Dobens v. Fagnant, 2025 N.H. 31 (N.H. July 17, 2025) Introduction In...
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