Justia New Hampshire Supreme Court Opinion Summaries

Defendants Brad Balise (Brad), Jon Carpenter, and his mother, Winifred Carpenter, appealed a trial court order quieting title in favor of the plaintiffs Janet and Stanley Balise, and declaring plaintiffs had a right to use a discontinued portion of a road to access their property and install utilities to service it. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Balise v. Balise" on Justia Law

Appellant International Business Machines Corporation (IBM) appealed a superior court order upholding a wage claim decision issued by the New Hampshire Department of Labor (DOL) in favor of appellee Gary Khoury. As part of his work, Khoury sold IBM’s products to the federal government. Khoury testified that, prior to July 2014, IBM paid its sales representatives commissions based solely upon revenue-generating sales. According to Khoury, under this arrangement, sales representatives lacked an incentive to promote the deployment of IBM products that had previously been sold to an intermediary business partner (for which they received no commission), and a number of sales representatives had quit and found other jobs within IBM. In July 2014, IBM rolled out a new pilot program that allowed sales representatives to earn commissions on both the sale and deployment of IBM’s products. Under this program, sales representatives would receive a “primary” commission for reaching a revenue or sales quota and a “secondary” commission for reaching a deployment quota. Khoury testified that, approximately every six months, IBM sent each sales representative an individualized Incentive Plan Letter (IPL) defining the method by which the sales representative’s commissions would be calculated for sales and new deployments. IBM presented Khoury with an IPL for the period of July 1 to December 31, 2014. Pursuant to the terms of the IPL, Khoury would receive the “secondary” commission at issue in this case after meeting a quota of $571,000 for certain specified signings. The IPL contained several prominent disclaimers. By the end of the IPL period, he had met and surpassed his quota for the specified signings. At the DOL hearing, he testified that, in December 2014, his manager informed him that this entitled him to a commission payment of $154,124.21. That same month, he received $47,619.23 in advances from IBM towards this commission. Khoury testified that he subsequently made repeated unsuccessful inquiries about the additional funds. In March 2015, Khoury filed a wage claim with the DOL for $106,504.65, the balance of the commission. One month later, Khoury was informed that IBM planned to change his IPL terms by increasing the original quota from $571,000 to $1,000,000. Khoury testified that he was told that he could expect to receive a final payment of approximately $35,000 to $36,000. He stated that he then received a payment of $34,558.71 in May. Upon receiving this payment, Khoury reduced his wage claim against IBM from $106,504.65 to $71,946.27. The New Hampshire Supreme Court found no reversible error in the superior court's order, and affirmed it. View "International Business Machines Corp. v. Khoury" on Justia Law

Defendants Alan Johnson, Joseph McDonald, and William Saturley, appealed a probate court order which set aside “decantings” from two 2004 irrevocable trusts of which plaintiffs, David A. Hodges, Jr. (David Jr.), Barry R. Sanborn, and Patricia Sanborn Hodges, had been beneficiaries, and which removed defendants Johnson and Saturley as cotrustees of those trusts. The decantings at issue eliminated the future beneficial interests of plaintiffs. The trial court ruled that the decantings were void ab initio because McDonald, as the decanting trustee, and Johnson and Saturley, to the extent they assisted as co-trustees in facilitating the decantings, failed to “give any consideration to the [plaintiffs’] beneficial interests.” The trial court also determined that it “best serves the interests of all beneficiaries to order removal of . . . Saturley and Johnson as co-trustees.” Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Hodges & Johnson" on Justia Law

Respondent Patrick Roland appealed a New Hampshire Department of Safety (Department) decision requiring the installation of an ignition interlock device in his vehicle as a condition of restoration of his driver’s license. He pled guilty to misdemeanor DWI, after which his license was revoked for two years, retroactive to April 2016. In July 2016, the Department issued a notice of hearing to review respondent’s driving record. Review of respondent’s driving history had revealed that he had multiple DWI convictions. Roland argued on appeal: (1) the findings of fact in the hearing examiner’s initial report were insufficient to support the hearing examiner’s determination that “the safety of [Roland] and of other users of the highway would be enhanced” by the installation of a device; and (2) the issue of whether to require the installation of an interlock device was not “ripe” for consideration, and therefore his request for a new hearing should not have been denied. To the latter point, respondent contended a hearing “should properly be performed closer in time to when [he] will actually be eligible for restoration of his driver’s license,” and that a later hearing would provide him with an “opportunity to submit evidence that could assist in demonstrating, and even establishing, that he will not pose a danger to himself or others.” Finding the evidence presented was sufficient to support the Department’s decision to require the device, the New Hampshire Supreme Court affirmed. The Court did not reach respondent’s second issue. View "Appeal of Patrick Roland" on Justia Law

In consolidated appeals, petitioner Emily Sanborn, and respondent Timothy Sanborn, appealed circuit court orders that ruled on Timothy’s post-divorce motions. Emily argued the trial court erred by ordering that respondent was entitled to continuation coverage under her dental insurance plan pursuant to RSA 415:18, XVI (2015). Timothy cross-appealed, arguing that the court erred by denying his request for attorney’s fees. Emily argued that because Timothy received dental coverage pursuant to a 2013 amendment to the divorce decree retroactive from April 2011 to April 2014, he received all of the coverage that he was entitled to under the statute. The New Hampshire Supreme Court agreed with this contention and reversed the circuit court as to this point. The Supreme Court affirmed with respect to denial of attorney fees. View "In the Matter of Emily Sanborn and Timothy E. Sanborn" on Justia Law

Defendant Theo Bosa appealed an order granting him 123 days of presentence confinement credit. On appeal, defendant argued that the superior court erred in awarding him only 123 days of presentence confinement credit, instead of the full 243 days he requested. Finding no error in calculation of his sentence, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Bosa" on Justia Law

Claimant Edmund Hibbard, Esq., Administrator of the Estate of Beatrice Jakobiec (Estate), appealed a New Hampshire Bar Association Public Protection Fund Committee (PPFC) decision finding that the Estate was entitled to reimbursement from the Public Protection Fund (PPF) in an amount significantly less than that which the Estate claimed was stolen by former attorney Thomas Tessier. Beatrice Jakobiec passed away in 2001, leaving two sons, Frederick Jakobiec, M.D. and Thaddeus Jakobiec, Jr., as heirs. In 2002, Tessier was appointed to administer the Estate. The value of the Estate for probate purposes, as determined by an ADO auditor was $576,074.03. The auditor concluded that “[t]he assets included in the Estate by Attorney Tessier were valid and belonged in the Estate valuation,” but that Tessier failed to include additional assets owned by Beatrice at the time of her death. The auditor concluded that it appeared Tessier took the proceeds from certain certificates of deposit and other checks “for his own purposes.” In addition, the auditor detailed Tessier’s misappropriation, using fraudulent powers of attorney, of funds belonging to Frederick individually or held in trust for Thaddeus, who has been blind since birth. In 2009, the Estate filed a claim alleging a loss consisting of $208,798.95 in stolen assets (the Stolen Assets), $96,500.00 in stolen legal fees, and $99,531.81 in lost income, but the PPFC only reimbursed the Estate half of the total amount. The Estate argued the PPFC erred by: (1) reducing the amount of its claim based upon an “earlier finding that Thaddeus Jakobiec . . . had received his full distribution from the Estate”; (2) reducing the Estate’s claim for stolen legal fees by the amounts of certain excluded checks; (3) finding that the Estate’s claim against the PPF included a claim for lost income; and (4) “applying credits for prior recoveries by the Estate for the gross amount of those recoveries rather than the net amount of the recoveries.” The New Hampshire Supreme Court found "nothing prohibiting a claimant from being made whole, if other sources allow it, and we can think of no persuasive policy reason for preventing a claimant from utilizing other sources to obtain a full recovery." Though the Court found no abuse of discretion with respect to the exclusion of expenses of recovery, the Court reversed as to the other amounts lost. View "Appeal of Estate of Beatrice Jakobiec" on Justia Law

Homeowner-plaintiffs Michelle and Robert Russell appealed a superior court order denying their summary judgment motion and granting that of insurer-defendant NGM Insurance Company. On appeal, the homeowners argued the trial court erred when it determined that their homeowners’ insurance policy provided no coverage for the additional living expenses they incurred when they were unable to live in their home because of mold contamination. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Russell NGM Insurance Co." on Justia Law

Respondent Arthur Sweatt appealed a circuit court order denying, in relevant part, his motions to reconsider certain orders in his divorce from Patricia Sweatt. He argued the court erred: (1) in denying his motion to abate the divorce; (2) in granting the motion of petitioner Kathleen Paine, administrator of the estate of Patricia Sweatt, to amend by substitution; (3) in distributing the marital property more than six months after the dissolution of the marriage; (4) in finding him, but not Paine, to have been non-compliant with court rules; (5) by denying him due process and equal protection of the law; and (6) in its valuation of the marital real property. Finding no reversible error, the New Hampshire Supreme Court affirmed the circuit court’s judgment. View "In the Matter of Patricia Sweatt & Arthur Sweatt" on Justia Law

Defendant Carlos Gonzalez, III appealed his convictions on two counts of aggravated felonious sexual assault, arguing the trial court erred when it vacated the pro hac vice admission of two out-of-state attorneys, thereby depriving him of his right to chosen counsel under Part I, Article 15 of the New Hampshire Constitution and the Sixth Amendment to the Federal Constitution. Because the New Hampshire Supreme Court conclude the trial court sustainably exercised its discretion when it found that its interest in the fair, efficient, and orderly administration of justice outweighed the defendant’s right to counsel of his choice, it affirmed. View "New Hampshire v. Gonzalez" on Justia Law