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| Appeal of Waterman (N.H. Pers. Appeals Bd.), No. 2005-592,
SUPREME COURT OF NEW HAMPSHIRE, November 30, 2006, Opinion Issued
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Overview: As an order to a state trooper to take a polygraph test, made pursuant to N.H. Code R. Saf.-P 26-E.5.1(B)(6) of the professional conduct standards of the New Hampshire Department of Safety, Division of State Police, was a lawful order, a former employee was properly terminated for insubordination when she refused to take such a test.
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| Miller v. Blackden, No. 2006-033,
SUPREME COURT OF NEW HAMPSHIRE, November 30, 2006, Opinion Issued
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Overview: When plaintiff alleged that defendant was stalking her under N.H. Rev. Stat. Ann. § 633:3-a, the trial court properly entered a protective order. Although defendant claimed he was surveilling plaintiff for her former boyfriend as a private detective, he refused to say why he was hired and thus had not shown a lawful purpose for his conduct.
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| Thorndike v. Thorndike, No. 2005-737,
SUPREME COURT OF NEW HAMPSHIRE, November 30, 2006, Opinion Issued
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Overview: When petitioner minority shareholder alleged that acts before February 18, 2002, constituted a freeze-out, his suit, filed on February 18, 2005, was time-barred under N.H. Rev. Stat. Ann. § 508:4. Even if respondent was continuing to exclude petitioner, the limitations period began to run when the acts occurred, which was before February 18, 2002.
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| GE v. Comm'r, N.H. Dep't of Revenue Admin., No. 2005-668,
SUPREME COURT OF NEW HAMPSHIRE, December 5, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 77-A:4(IV) did not facially violate the Commerce Clause. A unitary business with a foreign subsidiary operating in New Hampshire and a unitary business with a foreign subsidiary not operating there were each taxed once; there was no differential treatment, no heavier tax on the latter, and no direct advantage to the former.
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| In re Liquidation of Home Ins. Co., No. 2005-740,
SUPREME COURT OF NEW HAMPSHIRE, December 5, 2006, Opinion Issued
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Overview: Court approved New Hampshire Commissioner of Insurance's proposed agreement to pay insureds and reinsureds to file claims against insolvent insurer. As evidence supported court's finding that they would not file claims without financial incentive, it properly found that payments were "administration costs" under N.H. Rev. Stat. Ann. § 402-C:44(I).
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| Shaff v. Leyland, No. 2005-848,
SUPREME COURT OF NEW HAMPSHIRE, December 6, 2006, Opinion Issued
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Overview: A property seller lacked standing in a property buyer's action seeking a declaration that a covenant restricting the type and value of a residence built on the property because the covenant was appurtenant and personal to the seller, who no longer owned land that benefited form the covenant.
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| State v. Licks, No. 2005-717,
SUPREME COURT OF NEW HAMPSHIRE, December 6, 2006, Opinion Issued
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Overview: Officer's encounter with defendant when officer approached defendant's parked vehicle was consensual and did not violate N.H. Const. pt. I, art. 19. Defendant's restrictions were not result of officer's actions, and, inter alia, officer did not draw his weapon and did not order defendant out of car, but rather asked if defendant was "all set."
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| Greelish v. Wood, No. 2005-865,
SUPREME COURT OF NEW HAMPSHIRE, December 7, 2006, Opinion Issued
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Overview: Measure of recovery for failure to surrender premises was reasonable rental value for time possession was withheld, not merely from when a tenant was available. However, regardless of N.H. Rev. Stat. Ann. § 540:26, self-help remedy was not available to property buyer, and resident was entitled to damages based on buyer's self-help actions.
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| State v. Ayer, No. 2004-510,
SUPREME COURT OF NEW HAMPSHIRE, December 7, 2006, Opinion Issued
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Overview: The admission of statements by defendant's wife that defendant had said that he was going to shoot the victim did not violate the Confrontation Clause or N.H. Const. pt. I, art. 15. The statements, made shortly after the shooting and at the scene, were not testimonial; the purpose of the interrogation was to meet an ongoing emergency.
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