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  • Commentaries
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New Hampshire Case Commentaries

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)

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

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)

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

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

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)

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

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

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)

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)

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...
Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists

Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists

Date: May 30, 2025
Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists Introduction In In the Matter of LeGault & LeGault,...
Exclusivity of RSA 170-C Guardianships Post-TPR: DCYF Appointment Bars Third-Party Guardianship Petitions Under RSA 463

Exclusivity of RSA 170-C Guardianships Post-TPR: DCYF Appointment Bars Third-Party Guardianship Petitions Under RSA 463

Date: May 30, 2025
Exclusivity of RSA 170-C Guardianships Post-TPR: DCYF Appointment Bars Third-Party Guardianship Petitions Under RSA 463 Case: In re Guardianship of K.C., 2025 N.H. 22 (N.H. May 29, 2025) (per curiam)...
Opportunity Is Not Inducement: New Hampshire Clarifies Entrapment and Attempt Mens Rea in Online Decoy Stings (State v. Schandorf)

Opportunity Is Not Inducement: New Hampshire Clarifies Entrapment and Attempt Mens Rea in Online Decoy Stings (State v. Schandorf)

Date: May 30, 2025
Opportunity Is Not Inducement: New Hampshire Clarifies Entrapment and Attempt Mens Rea in Online Decoy Stings State of New Hampshire v. Casely Schandorf (N.H. May 29, 2025) Introduction In this Rule...
Government Function Test Reaffirmed: RSA 91-A Applies Beyond Government-Owned Nonprofits to Hybrid Entities

Government Function Test Reaffirmed: RSA 91-A Applies Beyond Government-Owned Nonprofits to Hybrid Entities

Date: May 30, 2025
Government Function Test Reaffirmed: RSA 91-A Applies Beyond Government-Owned Nonprofits to Hybrid Entities Introduction In Ortolano v. City of Nashua, 2025 N.H. 23 (N.H. May 29, 2025), the Supreme...
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Date: May 17, 2025
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a Introduction This commentary examines the Supreme Court of New Hampshire’s decision in State v. Warren, 2025 N.H. 21,...
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Date: May 3, 2025
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division Introduction In In the Matter of Jonathan Kent and Lei Luo (Supreme Court of New...
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Date: May 3, 2025
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters Introduction This commentary examines the Supreme Court of New Hampshire’s decision in Appeal of Robert...
Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Date: May 2, 2025
Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities Introduction The Supreme Court of New Hampshire’s decision in State v. Zarella, 2025...
State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings

State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings

Date: Apr 25, 2025
State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings Introduction In State v. Bradley, 2025 N.H. 19, the Supreme Court of New Hampshire addressed the scope of...
Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening

Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening

Date: Apr 25, 2025
Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening Introduction The Supreme Court of New Hampshire’s decision in Appeal of Hoppock, 2025 N.H. 18,...
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