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| Lacasse v. Spaulding Youth Ctr., No. 2005-686,
SUPREME COURT OF NEW HAMPSHIRE, October 13, 2006, Opinion Issued
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Overview: When there was evidence that an employee's director had told her that she would make it miserable for any employee she did not like, it was error to grant summary judgment to the employer on a wrongful discharge claim. A reasonable jury could conclude that the director was trying to drive the employee out and that a reasonable person would resign.
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| State v. Wall, No. 2005-507,
SUPREME COURT OF NEW HAMPSHIRE, October 13, 2006, Opinion Issued
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Overview: Because any agency relationship created between a police officer and ambulance personnel, where the officer requested the ambulance personnel take defendant to a particular hospital, did not extend to hospital staff who subsequently drew defendant's blood without a request from the police, there was no violation of N.H. Const. pt. I, art. 19.
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| LaMontagne Builders, Inc. v. Brooks, No. 2005-409,
SUPREME COURT OF NEW HAMPSHIRE, October 20, 2006, Opinion Issued
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Overview: When plaintiff had not timely requested from the supreme court appellate costs as required by N.H. Sup. Ct. R. 23, it was error for the trial court to award them. As plaintiff had not requested appellate attorney's fees from the supreme court, which had exclusive authority over them, plaintiff had procedurally defaulted its chance to request them.
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| Appeal of Lorette (N.H. Comp. Appeals Bd.), No. 2006-125,
SUPREME COURT OF NEW HAMPSHIRE, October 31, 2006, Opinion Issued
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Overview: When a worker was found to be entitled to a permanent impairment award, his award was to be calculated based upon his average weekly wage preceding his injury, under N.H. Rev. Stat. Ann. § 281-A:32(XI) (2003), and the date upon which the award accrued was the date of his permanent impairment assessment, under N.H. Rev. Stat. Ann. § 281-A:32(X).
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| In re Fulton, No. 2005-591,
SUPREME COURT OF NEW HAMPSHIRE, October 31, 2006, Opinion Issued
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Overview: As gifts were not included in N.H. Rev. Stat. Ann. § 458-C:2(IV)'s definition of "gross income," the trial court erred in including the gifts a mother regularly received from her family in her gross income when it calculated the father's child support obligation.
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| In re Guardianship of E.L., No. 2005-316,
SUPREME COURT OF NEW HAMPSHIRE, November 1, 2006, Opinion Issued
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Overview: Probate court properly denied the petition of an incarcerated ward to terminate a guardianship that had been established under N.H. Rev. Stat. Ann. § 464-A:4(I), as court could have reasonably found he was compliant with prescribed medications due to the compulsory nature of guardianship, not because he appreciated the need for the medications.
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| In re Hampers, No. 2005-128,
SUPREME COURT OF NEW HAMPSHIRE, November 1, 2006, Opinion Issued
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Overview: In divorce action, fault based found for divorce was supported by evidence wife desired to continue marriage and did not change mind until husband's threats compromised safety. Despite fact custody order reduced husband's time with the child, it was in the best interest of the child as it reduced the number of transitions the child would make.
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| State v. MacElman, No. 2005-375,
SUPREME COURT OF NEW HAMPSHIRE, November 1, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 318-B:16, which banned keeping place for "drug-dependent person" to use drugs, was not unconstitutionally vague. Read with N.H. Rev. Stat. Ann. § 318-B:1(X) (defining "drug-dependent person"), it gave clear notice to one of ordinary intelligence of precise conduct, involving drug-dependent persons, that constituted nuisance.
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