New Hampshire Case Commentaries

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a

Date: Jul 16, 2025

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a Introduction In State v....

EES Pre‑Placement Due Process Clarified; Trial Courts Must Apply the 2024 “Activity Logs” Standard to “Potentially Exculpatory” Determinations

Date: Jul 3, 2025

EES Pre‑Placement Due Process Clarified; Trial Courts Must Apply the 2024 “Activity Logs” Standard to “Potentially Exculpatory” Determinations Introduction In John Doe v. Town of Lisbon & a., No....

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G.

Date: Jul 3, 2025

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G. Introduction In D.V. v. R.G. (N.H. July 2, 2025), the Supreme...

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments)

Date: Jul 2, 2025

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments) Introduction...

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire

Date: Jul 2, 2025

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire Case: Kathryn Wolf v. Patrick Brown (No. 2024-0068) Court: Supreme Court of New...

EES Placement Requires Reasonably Foreseeable Admissibility and Tailored Due Process Where No Prior Adjudication: Commentary on Pivero v. Attorney General & a.

Date: Jun 28, 2025

EES Placement Requires Reasonably Foreseeable Admissibility and Tailored Due Process Where No Prior Adjudication: Commentary on Pivero v. Attorney General & a. Introduction In Anthony Pivero v....

Opening the Road as a Ministerial Act: New Hampshire Clarifies Limits of Discretionary Function Immunity in Traffic Control Plan Implementation

Date: Jun 25, 2025

Opening the Road as a Ministerial Act: New Hampshire Clarifies Limits of Discretionary Function Immunity in Traffic Control Plan Implementation Introduction In Tamre McCrea & a. v. New Hampshire...

Fee Owners Retain Standing to Exclude Unauthorized Users of Private Roads Despite Maintenance Agreements; Planning Board Minutes Alone Do Not Create Easements

Date: Jun 25, 2025

Fee Owners Retain Standing to Exclude Unauthorized Users of Private Roads Despite Maintenance Agreements; Planning Board Minutes Alone Do Not Create Easements Introduction This commentary analyzes...

Treating-Physician Opinions Carry “Substantial Weight” But Are Not Controlling; Lack of Medical Consensus Can Defeat Causation; Medical Journal Articles Are “Medical Evidence” Subject to the Five-Business-Day Disclosure Rule

Date: Jun 25, 2025

Treating-Physician Opinions Carry “Substantial Weight” But Are Not Controlling; Lack of Medical Consensus Can Defeat Causation; Medical Journal Articles Are “Medical Evidence” Subject to the...

Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2

Date: Jun 25, 2025

Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2 Introduction In Wagner v. Chislett, 2025 N.H. 28, the Supreme Court of New...

Beattie II: Net‑Public Benefit Review in Highway Takings Is Limited to Evidence Available at the Time of Condemnation; CLOMR Is Not Required Where “No‑Rise” Is Shown Under 44 C.F.R. § 60.3(d)(3)

Date: Jun 19, 2025

Beattie II: Net‑Public Benefit Review in Highway Takings Is Limited to Evidence Available at the Time of Condemnation; CLOMR Is Not Required Where “No‑Rise” Is Shown Under 44 C.F.R. § 60.3(d)(3)...

No Standing Once Eligibility Expires: Cepiel v. NHIAA Clarifies Persistent Redressability and Limits Antitrust Standing in New Hampshire Scholastic Athletics

Date: Jun 18, 2025

No Standing Once Eligibility Expires: Cepiel v. NHIAA Clarifies Persistent Redressability and Limits Antitrust Standing in New Hampshire Scholastic Athletics Introduction In Quinton Cepiel & a. v....

Harmless Error, Cumulative Digital Evidence, and “Open-the-Door” Cures in AFSA Prosecutions: State v. Viveney (N.H. 2025)

Date: Jun 14, 2025

Harmless Error, Cumulative Digital Evidence, and “Open-the-Door” Cures in AFSA Prosecutions: State v. Viveney (N.H. 2025) Introduction In State of New Hampshire v. Christopher Viveney, the Supreme...

Rand v. State (2025 N.H. 27): Uniformity Measured at Assessment—Municipal Retention of Excess SWEPT Upheld; Negative Local Offsets in Unincorporated Places Unconstitutional

Date: Jun 11, 2025

Uniformity Measured at Assessment—Municipal Retention of Excess SWEPT Upheld; Negative Local Offsets in Unincorporated Places Unconstitutional Introduction In Rand v. State, 2025 N.H. 27 (N.H. June...

Indirect Contact via Public Social Media Posts Violates Stalking Protection Orders: RSA 173‑B’s “Contact” Definition Governs RSA 633:3‑a Orders

Date: Jun 7, 2025

Indirect Contact via Public Social Media Posts Violates Stalking Protection Orders: RSA 173‑B’s “Contact” Definition Governs RSA 633:3‑a Orders Introduction In State v. Dunbar, 2025 N.H. 26, the New...

Plain-Error Limits on Unpreserved Challenges in Probation Revocations: Assumed Extra-Record Error Harmless Where Record Evidence Suffices (State v. Collins)

Date: Jun 5, 2025

Plain-Error Limits on Unpreserved Challenges in Probation Revocations: Assumed Extra-Record Error Harmless Where Record Evidence Suffices Introduction In State of New Hampshire v. Douglas Collins...

No Duty to Maximize Dedicated Districts: Legislative Policy Preferences Suffice as a Rational Basis Under Part II, Article 11

Date: Jun 5, 2025

No Duty to Maximize Dedicated Districts: Legislative Policy Preferences Suffice as a Rational Basis Under Part II, Article 11 Introduction In City of Dover & a. v. Secretary of State & a. (N.H. June...

Landscaping Within a Shared Right‑of‑Way Is Not Adverse Possession: New Hampshire Reaffirms Strict Notoriety and Exclusivity and Limits Tacking

Date: Jun 4, 2025

Landscaping Within a Shared Right‑of‑Way Is Not Adverse Possession: New Hampshire Reaffirms Strict Notoriety and Exclusivity and Limits Tacking Case: Yvonne Downes v. Kenneth Sarpi & a. Court:...

When Parallel, Consolidated Class Actions Are One “First Litigation”: Dismissal of Medical Monitoring Claims Without Present Injury Does Not Preclude Separate Property Damage Claims (Hermens v. TCI, N.H. 2025)

Date: May 31, 2025

When Parallel, Consolidated Class Actions Are One “First Litigation”: Dismissal of Medical Monitoring Claims Without Present Injury Does Not Preclude Separate Property Damage Claims Case: John...

Asset-Based Alimony Payments Permissible; Modified Amounts Must Relate Back to Notice and Future Reinstatements Require Evidence — In the Matter of Donald Nixon & Roxanne Nixon (N.H. 2025)

Date: May 31, 2025

Asset-Based Alimony Payments Permissible; Modified Amounts Must Relate Back to Notice and Future Reinstatements Require Evidence In the Matter of Donald Nixon and Roxanne Nixon, Supreme Court of New...

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