- NH Law Blog has Moved
Posted December 14, 2007, 11:57 am by David Austin
We've moved the Blog. These posts will still be around for a while...But. The new address for the Blog is: www.nhlawblog.com Same Great Content. See you there. Dave
- Immediate License suspension saves lives.
Posted August 18, 2007, 9:04 pm by David Austin
From over in the Washington DC area from a personal injury blog there, I found this entry on a study that shows that when a driver's license is suspended right away, (that is as soon as he or she fails a breathalyser test) that this actually has an effect on other drivers. So a regular guy fears immediate lose of a license, but does not fear lose of license only if convicted. The fact that the lose is immediate is estimated to prevent drunk driving accidents and save at least 800 lives a year....
- Auto Manufacturer Liable for Purchase Price for Lemon, not Dealer's Inflated Price
Posted July 7, 2006, 11:53 am by Rob Hunt
The New Hampshire Supreme Court recently ruled that Daimler Chrysler was not liable for the price on the retail installment contract for a lemon sold to a consumer, but only for the actual purchase price. (Click here to read decision.) The car had oil leaking into the cooling system, and was not working properly even after three repair attempts. The amount on the retail installment contract was artificially high because the dealer added the difference between the amount paid for the trade-in...
- Landlord to Pay $1,000.00 Per Day in Damages
Posted June 26, 2006, 9:00 am by Rob Hunt
The New Hampshire Supreme Court has held that a landlord who interfered with a Tenant's access to the rented premises was subject to a $1,000.00 per day damage provision under RSA 540-A. In the case of Simpson v. Young, the Court determined that the landlord had interfered with the tenant's access to the premises for 34 days, and, therefore, may be entitled to $34,000.00 in damages. The law cited by the Court states, in part, "Each day that a violation continues shall constitute a second...
- U.S. Supreme Court Upholds Workers' Rights
Posted June 23, 2006, 9:20 am by Rob Hunt
The United States Supreme Court recently held that, under certain circumstances, employees who complain about sexual harassment and other discrimination may be awarded damages if their employers punish them for doing so, according to the Washinton Post. (Click here to read article.) This is an important decision for workers who might otherwise be fearful or hesitant to complain about harassment or discrimination due to the possibility of punishment by an employer for doing so. The Court made it...
- NH Supreme Court Overturns Malpractice Case
Posted May 2, 2006, 10:20 am by David Austin
The New Hampshire Supreme Court has reversed a $2.3 million jury decision in a "wrongful birth"malpractice case against Dartmouth-Hitchcock Medical Center, ruling that the hospital sufficiently informed a couple about the potential for their unborn son to have significant birth defects. The full article follows in the extended body of this post. Source: Someone emailed this to me, but I believe it came from the Valley News Moultonboro 'Wrongful birth' case overturned Couple says...
- Consumer Protection Act Protects Individuals and Small Businesses
Posted March 27, 2006, 9:46 am by Rob Hunt
In New Hampshire, individuals and small businesses are fortunate to have an important law protecting them from unfair and deceptive trade practices by unscrupulous people and businesses. The NH Consumer Protection Act prohibits unfair and deceptive actions and provides consumers with remedies which are more substantial than might otherwise be available. For example, RSA 358-A:10 allows consumers the right to seek damages awards for each violation of the law, and to have their attorney's fees...
- Foreclosure - Homeowners may be Targets
Posted March 23, 2006, 7:09 am by Rob Hunt
There are many reasons why a borrower might be unable to make loan payments on a mortgage. Anyone can lose a job, become disabled or just make a mistake on a budget plan. Sometimes, lenders are willing to work with borrowers to solve the problems and avoid foreclosure. Sometimes, though, the lender does decide to foreclose. And there are people watching the newspapers and other sources to find out who is being foreclosed upon. These people (or companies) may try to contact borrowers and offer...
- One Legislator Wants to Usurp Court's Traditional Role
Posted January 12, 2006, 11:19 am by Rob Hunt
One legislator has sponsored a proposed Constitutional Amendment this year (2006) to give the legislature the power to override the rules that govern court procedures. CACR 0036 was introduced this session by Rep. J. Wheeler, and it is introduced as a Consitutional Amendment instead of a bill because any bill trying to change the checks and balances of our government so radically would violate our state constitution. Currently, the state Judicial Branch has the constitutional authority to make...
- Trail Groomers Seek Immunity For Their Negligence
Posted January 6, 2006, 7:51 am by Rob Hunt
HB 1402, being introduced during the 2006 New Hampshire legislative session, is intended to relieve trail groomers from any duty to use reasonable care when constructing, maintaining or improving any trails for public use. (Click here to view HB 1402.) (Click here to view the law it will change.) If the bill is enacted, it will expand immunity from liability far beyond the current law which protects landowers, lessees and occupants from liability when they allow others to use their premises for...
- Disputes With Homebuilders - A New Law
Posted December 29, 2005, 10:55 am by Rob Hunt
On January 1, 2006, New Hampshire HB 469, goes into effect. This new law will regulate disputes between homeowners and building contractors relative to residential construction defects. The law essentially provides for a process in which homeowners and builders may attempt to resolve disputes over alleged construction defects before going to court. Under this law, homeowners will be required to provide notice to builders of the alleged defects before filiing suit, and all evidence in their...
- Your Cell Phone Records are not Private
Posted December 28, 2005, 6:54 am by Rob Hunt
The New Hampshire Supreme Court recently held that a defendant in a criminal case did "not have a reasonable expectation of privacy in information concerning his cellular telephone calls that was recorded for billing purposes and retained by U.S. Cellular in the ordinary course of its business." You may read the text of this decision by clicking here - State v. Gubitosi (2005). The Court distinguished one of its previous decisions which held that there is a reasonable expectation of privacy in...