New Hampshire Case Commentaries

Stipulated Relocation Timelines Do Not Terminate UCCJEA Exclusive, Continuing Jurisdiction Absent RSA 458-A:13 Findings

Date: Nov 1, 2025

Stipulated Relocation Timelines Do Not Terminate UCCJEA Exclusive, Continuing Jurisdiction Absent RSA 458-A:13 Findings Introduction In the Matter of Taylor Coyne and Ashley Blanchfield (N.H. Sup....

Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D)

Date: Oct 24, 2025

Sending Districts Must Pay Tuition to Out‑of‑District Open Enrollment Schools Even Without Local Program Adoption (RSA 194‑D) Introduction In Appeal of Pittsfield School District, 2025 N.H. 46 (Oct....

Ball v. Roman Catholic Bishop of Manchester: RSA 508:4-g Cannot Revive Pre-2020 Time-Barred Sexual-Assault Claims; Police-Power Balancing Limited to Contract-Impairment; Vested Limitations Defense Reaffirmed

Date: Oct 16, 2025

Ball v. Roman Catholic Bishop of Manchester: RSA 508:4-g Cannot Revive Pre-2020 Time-Barred Sexual-Assault Claims; Police-Power Balancing Limited to Contract-Impairment; Vested Limitations Defense...

No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business

Date: Oct 8, 2025

No Unequal Bargaining Power Required: N.H. Supreme Court Affirms Constructive Trust and Applies Discovery Rule to Latent Ownership Claims in Family Business Introduction In Michael L. McLaughlin v....

Judkins Clarifies: Testimony About the Absence of a DMV Decertification Request Is Not Hearsay, and Lesser-Included OAS Instructions Require an Independent Evidentiary Basis

Date: Sep 26, 2025

Judkins Clarifies: Testimony About the Absence of a DMV Decertification Request Is Not Hearsay, and Lesser-Included OAS Instructions Require an Independent Evidentiary Basis Introduction In State of...

Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Date: Sep 20, 2025

Charging Official Cannot Preside: Recusal Required for Agency Head Who Signed Revocation; Certiorari Is the Proper Review Path Introduction In Petition of Dean, 2025 N.H 44, the New Hampshire Supreme...

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Date: Sep 20, 2025

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: State v. Rodriguez, 2025 N.H. 43 Introduction In State v. Rodriguez, 2025 N.H. 43, the Supreme Court of New Hampshire affirmed...

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support — In the Matter of Carr & Carr (N.H. 2025)

Date: Sep 18, 2025

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support Commentary on In the Matter of Clara Carr and Ryan Carr, Supreme Court of New...

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Date: Sep 13, 2025

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I Introduction In Appeal of Tower Hill Tavern, LLC, 2025 N.H. 41, the New Hampshire Supreme...

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Date: Sep 13, 2025

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required Introduction In State of New Hampshire v. Donald Thompson (No. 2024-0519), decided by...

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Date: Sep 13, 2025

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025) Introduction In S.L. v....

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Date: Sep 13, 2025

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s...

ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire: Commentary on In re K.O., 2025 N.H. 39

Date: Sep 5, 2025

ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire Commentary on In re K.O., 2025 N.H. 39 (N.H. Sept. 4, 2025) Introduction In In re K.O., 2025 N.H. 39, the New...

"Justice Requires" Can Extend Alimony Beyond the 50% Duration Guideline: Caregiving-Based Economic Injury and Property Division as Special Circumstances in New Hampshire

Date: Aug 30, 2025

"Justice Requires" Can Extend Alimony Beyond the 50% Duration Guideline: Caregiving-Based Economic Injury and Property Division as Special Circumstances in New Hampshire Introduction In the Matter of...

Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock

Date: Aug 29, 2025

Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock Introduction In State of New Hampshire v. John Santiago (No....

Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis

Date: Aug 28, 2025

Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis Introduction In Taylor Community v. City of Laconia, 2025 N.H. 38, the Supreme...

Dynamic IP Circumstantial Evidence Can Sustain Criminal Contempt; Date and Time Are Not Elements of Contempt or Probation Violations in New Hampshire

Date: Aug 21, 2025

Dynamic IP Circumstantial Evidence Can Sustain Criminal Contempt; Date and Time Are Not Elements of Contempt or Probation Violations in New Hampshire Introduction In State of New Hampshire v. Ian...

Residency by Intent: New Hampshire Validates Rule 902.01 and Denies Credit for Out-of-State Taxes under the Interest and Dividends Tax

Date: Aug 20, 2025

Residency by Intent: New Hampshire Validates Rule 902.01 and Denies Credit for Out-of-State Taxes under the Interest and Dividends Tax Introduction In Morris v. Commissioner, N.H. Department of...

No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value

Date: Aug 15, 2025

No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value Introduction In...