New Hampshire Case Commentaries

Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU

Date: Apr 27, 2026

Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU 1. Introduction In Donald McGowan & a. v. Town of...

UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists

Date: Apr 24, 2026

UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists Case: In the Matter of Stansfield & Patti, 2026 N.H. 17...

Blanket Right-to-Know Denials Require Fee Awards When Non-Exempt Material Is Obvious

Date: Apr 17, 2026

Blanket Right-to-Know Denials Require Fee Awards When Non-Exempt Material Is Obvious Case: Town of Hanover v. Valley News, 2026 N.H. 16 Court: Supreme Court of New Hampshire Date: April 15, 2026 1....

Duty Limits on Construction Sites: No Liability for General Contractors, Subcontractors, or Landowners Absent Creation/Control of the Injury-Causing Danger

Date: Apr 16, 2026

Duty Limits on Construction Sites: No Liability for General Contractors, Subcontractors, or Landowners Absent Creation/Control of the Injury-Causing Danger 1. Introduction In Nelson Salazar Orellana...

State v. Rosen: Rule 404(b) Limits on Prior Double‑Voting History and Admissibility of Third‑Party Confession to the Charged Election (with Richards Hearing Requirement)

Date: Apr 16, 2026

State v. Rosen: Rule 404(b) Limits on Prior Double‑Voting History and Admissibility of Third‑Party Confession to the Charged Election (with Richards Hearing Requirement) 1. Introduction In State v....

Implicit “Personal Risk” Finding May Sustain Denial of Workers’ Compensation Where CAB Credits Expert that Non-Work Cause Was Sole Cause of Death

Date: Apr 16, 2026

Implicit “Personal Risk” Finding May Sustain Denial of Workers’ Compensation Where CAB Credits Expert that Non-Work Cause Was Sole Cause of Death Introduction In Appeal of Estate of Matthew Kelley...

State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence

Date: Apr 9, 2026

State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence Introduction In State v. Stewart, the New Hampshire Supreme Court affirmed...

Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits

Date: Apr 4, 2026

Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits I....

Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed

Date: Apr 4, 2026

Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed Case: J&C Properties v. Rayster Realty, Citation: 2026 N.H....

Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses

Date: Mar 21, 2026

Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses 1. Introduction In Brixmor GA Seacoast Shopping Center LLC...

“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found

Date: Mar 20, 2026

“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found 1. Introduction In Appeal of New Hampshire...

State v. Clegg (2026 N.H. 11): Exigency Review Is De Novo and Carrier Delay Cannot Create Exigency

Date: Mar 19, 2026

State v. Clegg (2026 N.H. 11): Exigency Determinations Are Reviewed De Novo, and Third-Party Warrant-Response Delay Does Not Supply “Exigency” I. Introduction In State v. Clegg, the New Hampshire...

State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15

Date: Mar 15, 2026

State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15 Introduction In State v. Brousseau, 2026 N.H. 10, the New...

Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment

Date: Mar 11, 2026

Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment Case: State of New Hampshire v....

Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights)

Date: Mar 7, 2026

Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights) I. Introduction In Martin v. Far Echo Harbor Club, Inc., 2026 N.H. 9 (Mar. 3, 2026),...

State v. Wells (2026 N.H. 8): No De Novo Appellate Review of Jury-Viewed Video Evidence in Sufficiency Challenges

Date: Mar 7, 2026

No De Novo Appellate Review of Jury-Viewed Video Evidence in Sufficiency Challenges Introduction In State v. Wells, 2026 N.H. 8, the New Hampshire Supreme Court considered whether an appellate court...

Modification of Easement-Related Injunctions Requires Changed Law or Circumstances; “Maintenance” Does Not Bar Servient-Owner Improvements

Date: Feb 28, 2026

Modification of Easement-Related Injunctions Requires Changed Law or Circumstances; “Maintenance” Does Not Bar Servient-Owner Improvements 1. Introduction In Jeffrey C. Spear & a. v. Richard J. Waite...

“Not Required to Follow the Schedule” Does Not Eliminate Equal Parenting Rights or Defeat Guidelines Child Support

Date: Feb 27, 2026

“Not Required to Follow the Schedule” Does Not Eliminate Equal Parenting Rights or Defeat Guidelines Child Support I. Introduction In the Matter of Lici Deng-Vish and Frank Vish (N.H. Feb. 24, 2026)...

Lay Admissibility of Google Location Business Records & Curable “Prior Arrest” References in Criminal Trials (N.H.)

Date: Feb 27, 2026

Lay Admissibility of Google Location Business Records & Curable “Prior Arrest” References in Criminal Trials (N.H.) 1. Introduction In State of New Hampshire v. Christopher C. Crosby (N.H. Feb. 25,...

State v. Levier (2026 N.H. 7): State Bears the Burden to Prove Incompetence Did Not Substantially Affect an RSA 135-E:5, II Commitment Hearing

Date: Feb 15, 2026

State v. Levier (2026 N.H. 7): The State Bears the Burden—and Mixed Standards Apply—When Incompetence May Affect an RSA 135-E:5, II “Commission of Acts” Hearing Court: Supreme Court of New Hampshire...