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| In re Bayview Crematory, LLC, No. 2006-900,
SUPREME COURT OF NEW HAMPSHIRE, August 8, 2007, Opinion Issued
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Overview: Because the trial court improperly removed the requirement of expert testimony from the assessment of liability for negligent infliction of emotional distress, and because the individual claims would control the litigation, the trial court erred in certifying liability for class certification under N.H. Super. Ct. R. 27-A(a)(2).
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| State v. Jennings, No. 2006-254,
SUPREME COURT OF NEW HAMPSHIRE, August 8, 2007, Opinion Issued
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Overview: Although N.H. Const. pt. I, art. 15 was violated when the police exerted control over defendant in a manner that limited his freedom and subjected him to a custodial interrogation without being informed of his Miranda rights, the charging of three discrete patterns of sexual assault under RSA 632-A:2(III) did not run afoul of double jeopardy.
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| Dent v. Exeter Hospital, Inc., No. 2006-151,
SUPREME COURT OF NEW HAMPSHIRE, August 9, 2007, Opinion Issued
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Overview: Trial court properly granted summary judgment to a hospital as to a medical malpractice action, because the evidence presented failed to show an agency relationship between the hospital and doctors, as a consent form stated that the doctors were independent contractors, and the hospital did not instruct the doctors on patient care.
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| Eng Khabbaz v. Comm'r, Soc. Sec. Admin., No. 2006-751,
SUPREME COURT OF NEW HAMPSHIRE, August 9, 2007, Opinion Issued
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Overview: State supreme court answered a certified question by ruling that no posthumously conceived child was a "surviving issue" within the plain meaning of the intestacy statute, RSA 561:1 (2007), and thus the subject child, who was conceived by artificial insemination after the father's death, was not a surviving issue.
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| Gail C. Nadeau 1994 Trust v. City of Portsmouth, No. 2005-934,
SUPREME COURT OF NEW HAMPSHIRE, August 17, 2007, Opinion Issued
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Overview: A trial court erred in granting property owners' tax abatement applications pursuant to RSA 76:16 (Supp. 2006), as their claim that the education property tax was disproportionate was not supported by evidence that their property was assessed at a higher percentage of fair market value than that generally assessed in the State.
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| In re Juvenile 2006-674, No. 2006-674,
SUPREME COURT OF NEW HAMPSHIRE, August 17, 2007, Opinion Issued
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Overview: A probate court order that terminated a father's parental rights over his son was proper under RSA 170-C:5(III) where the father failed to correct conditions that led to a prior finding of neglect under RSA ch. 169-C (2002 & Supp. 2006); he engaged in hostile behavior and poor interpersonal skills that left his son neglected.
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| N.H. Ass'n of Counties v. Comm'r, N.H. Dep't of HHS, No. 2006-859,
SUPREME COURT OF NEW HAMPSHIRE, August 17, 2007, Opinion Issued
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Overview: Trial court erred in granting summary judgment to petitioners on a claim that an agency improperly required counties to pay a share of the cost of providing Medicaid-funded long-term care to recipients of public assistance, because the term "nursing home" did not limit the applicability of RSA 167:18-b(I) to residential care facilities.
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| In re Aldrich, No. 2006-785,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2007, Opinion Issued
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Overview: Although the trial court had broad discretion to admit evidence it deemed relevant and material to facts alleged in a mother's RSA 173-B:3(I) petition for a domestic violence restraining order, it erred in admitting evidence on unnoticed charges.
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| In re Estate of Sharek, No. 2006-441,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2007, Opinion Issued
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Overview: Judgment was affirmed as RSA 551:13(II) was properly applied retrospectively to revoke former wife's interests in former husband's will as wife's expectation of taking under will was not vested right, and testator's purported "right" to name residuary beneficiary was no more vested than devisee's or legatee's expectation of taking under will.
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| Ward v. Inishmaan Assocs., No. 2006-284,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2007, Opinion Issued
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Overview: Denial of a landlord's motion for a directed verdict was reversed as a tenant injured in criminal attack did not show that the landlord created or was responsible for a physical defect on the premises that foreseeably enhanced the risk of criminal attack, or establish that the landlord undertook to provide security against criminal attacks.
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