Justia New Hampshire Supreme Court Opinion Summaries

Plaintiffs Theresa Norelli, Christine Fajardo, Matt Gerding, and Palana Hunt-Hawkins, filed a complaint against the New Hampshire Secretary of State to challenge the constitutionality of New Hampshire’s current congressional districts. Plaintiffs contended the districts were rendered unconstitutionally malapportioned due to population shifts reported by the United States Census Bureau’s 2020 census. This case presented two preliminary questions for the New Hampshire Supreme Court’s review: (1) whether the current statute establishing a district plan for New Hampshire’s two congressional districts violated Article I, Section 2 of the United States Constitution; and (2) if so, whether the Supreme Court had to establish a new district plan if the legislature failed to do so “according to federal constitutional requisites in a timely fashion after having had an adequate opportunity to do so.” The Supreme Court answered the first question in the affirmative. In answering the second question, it determined that, upon a demonstrated legislative impasse, the Supreme Court had to establish a new district plan and, in doing so, it would apply the “least change” approach. View "Norelli, et al. v. New Hampshire Sec'y of State" on Justia Law

Petitioner State Employees’ Association of New Hampshire, Inc. SEIU, Local 1984 (SEA), and intervenors New Hampshire Troopers Association, New Hampshire Troopers Association-Command Staff, New Hampshire Probation and Parole Officers Association, and New Hampshire Probation and Parole-Command Staff Association, appealed a Public Employee Labor Relations Board (PELRB) order denying petitioner’s request for declaratory relief. They argued the PELRB erred by ruling that the state legislature’s vote accepting a fact-finder’s report and recommendations pursuant to RSA 273-A:12, III (2010) was not binding upon respondent State of New Hampshire. In 2018, the unions and the State began negotiating the terms of a multi-year collective bargaining agreement. After the negotiations reached an impasse, the parties proceeded to impasse resolution procedures and engaged a neutral fact finder to assist them with resolving their disputes. The unions accepted the fact-finder’s report, but the Governor did not. In addition, the Governor declined to submit the report to the Executive Council for its consideration. The parties treated the Governor’s actions as a rejection of the report pursuant to RSA 273-A:12, II; from there the matter was submitted to the legislature. The legislature voted to adopt the fact-finder’s report. The unions took the position that the legislature’s vote was binding upon the State with respect to the cost items set forth in the report. The State took the opposite position, asserting that the legislature’s vote was merely advisory and did not result in a binding agreement between the parties. The New Hampshire Supreme Court concluded that the legislature’s vote was advisory and did not bind the State. View "Appeal of New Hampshire Troopers Association et al." on Justia Law

Petitioner David Apostoloff appealed a circuit court order dismissing his petition to validate a purported amendment to the Omega Trust. He contended the court erred in dismissing his petition by finding the grantor did not substantially comply with the terms of the trust regarding amendments, and that there was not clear and convincing evidence that the grantor intended to amend his trust. Taking all of the facts alleged in the petition as true, and applying them against the applicable law, the New Hampshire Supreme Court concluded that the allegations constituted a basis for legal relief. Thus, petitioner has sufficiently pled his case to survive a motion to dismiss. Accordingly, the circuit court’s order was reversed and the matter remanded for further proceedings. View "In re The Omega Trust" on Justia Law

Plaintiff Debbie Banaian appealed a superior court order granting motions to dismiss filed by defendants Aaron Bliss, Shannon Bossidy, Bryan Gagnon, Jacob D. MacDuffie, and Katie Moulton. The sole issue on appeal was whether defendants, who retweeted a defamatory tweet initiated by another individual, were “users” within the meaning of the Communications Decency Act, 47 U.S.C. 230(c)(1) (2018) (CDA), and therefore entitled to immunity from plaintiff’s claims for defamation and reckless infliction of emotional distress. The New Hampshire Supreme Court held that the retweeter defendants were “user[s] of an interactive computer service” under section 230(c)(1) of the CDA, and thus plaintiff’s claims against them were barred. Accordingly, the Supreme Court upheld the trial court’s granting of the motions to dismiss because the facts pled in the plaintiff’s complaint did not constitute a basis for legal relief. View "Banaian v. Bascom et al." on Justia Law

Plaintiff S.C. appealed a circuit court order denying her request for a domestic violence protective order against defendant G.C. The trial court concluded plaintiff did not meet her burden of proving a credible present threat to her safety based upon her admitted presence in defendant’s home during the timeframe of the alleged abuse. On appeal, plaintiff argued the court erred as a matter of law when it relied on her in-person contact with defendant as the sole basis for its decision. She also contended that the court erred when it made certain evidentiary, trial management, and other rulings that deprived her of a fair hearing and violated her due process rights. After review, the New Hampshire Supreme Court agreed it was legal error for the circuit court to rely solely on plaintiff’s contact with defendant in denying her petition, and therefore vacated and remanded for further proceedings. View "S.C. v. G.C." on Justia Law

Defendant Russell Blodgett appealed a superior court order granting summary judgment in favor of plaintiff Cincinnati Specialty Underwriters Insurance Company (CSU). Blodgett argued the trial court erred by concluding that the terms of a commercial general liability policy issued by CSU clearly and unambiguously excluded coverage for Blodgett’s damages in a separate personal injury action against CSU’s insured resulting from Blodgett’s fall from an alleged negligently constructed staircase. The New Hampshire Supreme Court concluded that, pursuant to the policy’s clear and unambiguous language, CSU had no duty or obligation to defend or indemnify its insured in the underlying litigation. View "Cincinnati Specialty Underwriters Insurance Company v. Best Way Homes, Inc. & a." on Justia Law

Defendant Richard Racette was convicted by jury on four pattern counts of aggravated felonious sexual assault (AFSA). He argued on appeal that the trial court erred by: (1) barring cross-examination about a witness’s prior statement; and (2) failing to dismiss one of the indictments for insufficient evidence. After review of the superior court record, the New Hampshire Supreme Court concluded the trial court erred by barring cross-examination about the witness’s prior statement, and that the error was not harmless beyond a reasonable doubt. Furthermore, the Court concluded the trial court committed plain error by failing to dismiss one of the indictments for insufficient evidence. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "New Hampshire v. Racette" on Justia Law

Plaintiff Samuel Provenza, formerly employed as a police officer by defendant Town of Canaan (Town), appealed a superior court order: (1) denying his petition for declaratory judgment and “request for temporary and permanent injunctive and other relief”; and (2) granting the cross-claim of the intervenor, the Valley News. Provenza sought to bar public disclosure of an investigative report commissioned by the Town as a result of a motor vehicle stop in which he was involved while still employed by the Town as a police officer; the Valley News sought release of the report under RSA chapter 91-A, the Right-to-Know Law. See RSA ch. 91-A (2013 & Supp. 2021). Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Provenza v. Town of Canaan" on Justia Law

Respondent K.C. appealed a circuit court decision ordering her to involuntary admission to the New Hampshire Hospital (NHH) for a two-year period, to be discharged when clinically appropriate. On appeal, respondent contended NHH presented insufficient evidence at the hearing to support the circuit court’s order. Respondent was diagnosed with bipolar I disorder with manic, psychotic features. She had contacted police in the previous year 300-400 times, believing someone was hacking her phone and “rerouting her to people in black ops.” She had two active protective orders preventing her from contacting her ex-husband and another man, and there was outstanding criminal complaints from her violating those orders. Respondent was admitted to NHH, whereupon she was evaluated by psychiatrists, and the decision was ultimately made to have her committed. Finding no reversible error in the circuit court’s order, the New Hampshire Supreme Court affirmed, finding the evidence presented at respondent’s hearing was sufficient on which to have her involuntarily committed. View "In re K.C." on Justia Law

J.D. and A.D. were removed from their parents’ care in July 2017. In September 2017, the court found that the children were neglected by father and abused and neglected by mother within the meaning of RSA 169-C:3, II(c) (2014) and RSA 169-C:3, XIX(b) (Supp. 2021). In dispositional orders issued in October 2017, the court specified the conditions that the parents needed to correct and the services that DCYF would provide to facilitate reunification. In July 2020, the court found that the conditions leading to the abuse and neglect findings had not been corrected and that the parents had not demonstrated that the children would not be endangered if returned. As a result, DCYF filed petitions for termination of parental rights against both parents in August 2020. The parents appealed the termination of their parental rights to the children. But finding no abuse of the trial court's discretion or other reversible error, the New Hampshire Supreme Court affirmed termination. View "In re J.D.; In re A.D." on Justia Law