Justia New Hampshire Supreme Court Opinion SummariesArticles Posted in Class Action
Bond v. Martineau
Plaintiffs Kenneth Bond and Deborah Thibault, on behalf of themselves and a class of others similarly situated, appealed a superior court order granting summary judgment to the defendants, the City of Manchester and Paul Martineau in his official capacity as Commissioner of the Manchester Welfare Department (collectively, the City). In January 2010, the plaintiffs applied for general assistance from the City pursuant to RSA chapter 165. See RSA 165:1, I (2002). On February 24, 2010, the City approved $140.00 per week in rental assistance. On March 18, 2010, the City suspended this assistance for seven days because of the plaintiffs' failure to provide certain documentation, including that which related to $30 the plaintiffs used to buy gas for a vehicle. The City lifted this suspension on March 25, 2010, noting that the plaintiffs were "unable to show compliance with the $30 purchase of vehicle gas that [they] stated [they] had previously purchased through an alternate financial resource." On April 9, 2010, the City revoked an April 8 voucher and denied the plaintiffs all assistance for six months because they had misrepresented information related to their vehicle. The plaintiffs petitioned the superior court to enjoin the City from suspending their assistance. Because the Supreme Court held that RSA 165:1-b and the Guidelines pertaining to rental assistance actually conflict, the Court reversed the trial court's grant of summary judgment in favor of the City and remanded the case for further proceedings. View "Bond v. Martineau" on Justia Law
Lawrence v. Philip Morris USA, Inc.
This was an interlocutory appeal from a Superior Court order that certified a class represented by the plaintiff, Karen L. Lawrence, consisting of "all individuals who purchased Marlboro Lights cigarettes in New Hampshire from January 1, 1995, until the date of trial." The superior court transferred a single question for the Supreme Court's review: :Did the Superior Court err in its application of New Hampshire law when it granted Plaintiff’s Motion for Class Certification?" The Supreme Court answered this question in the affirmative and reversed the trial court’s certification order. View "Lawrence v. Philip Morris USA, Inc." on Justia Law