Cases
Representative Work: Cardigan Mountain School vs. New Hampshire Insurance Company (No. 142182), May 27, 2015
Prosecuted claims of an internationally distributed consumer product against its marketing partners, including claims of breach of contract, fraud
unfair business practices, resulting in favorable reformation of distribution agreements.
Defended a chartered bank that had been defaulted on a $1 million plus claim for breach of contract
lender liability. Claim reduced after trial on damages to a small fraction of the claimed amount.
Successfully tried to a jury a medical professional's defamation
invasion of privacy claims with the substantial verdict sustained on appeal.
Prevailed in arbitration of subcontractor's claims against prime contractor for breach of contract
unfair business practices.
Settled a United States Court of Claims action against a large utility company in defense of government's claim to a $ 1 million refund, defeating the government's claim
securing full payment of client's counterclaim.
Won a substantial settlement in a lawsuit against company's former employees for their theft of trade secrets
violation of their non-competition agreements
Defeated a claim that client had violated her non-competition covenant with her former employer by demonstrating that the signed employment contract offered by the defendant was a forgery.
Succeeded after jury trial in prosecution of claims of a financial services practice against a departing principal for breach of fiduciary duty, violation of partnership agreement,
contravention of restrictive employment covenants.
Won a significant jury verdict in favor of the headmaster of a private school who was terminated from employment based on her claims of breach of contract
unjust dismissal.
Representation of a number of seriously injured individuals in their meritorious claims seeking reparation for their significant, life-altering injuries.
Representative Reported Cases
Sherman v. Graciano, 152 N.H. 119 (2005): Physician resigned from his medical practice
claimed the firm owed him a substantial buy-out payment. Parties disputed the existence
interpretation of a shareholder redemption agreement.
Miller v. Amica Mutual Ins., 156 N.H. 117 (2007). Client/decedent was thrown from his motorcycle
thereafter struck
killed by a hit-
-run motorist. The decedent's motorcycle was not insured. The decedent did, however, have insurance on his truck. We therefore sought coverage pursuant to truck's uninsured motorist coverage. The insurance company argued that the decedent was disqualified from coverage because, according to the insurance company, he was operating an uninsured motor vehicle at the time of injury.
Carleton v. Edgewood Heights, 156 N.H. 407 (2007): Condominium owners association made a special assessment for repairs to what it characterized as the limited common area. The owner of a number of units in the development objected
claimed the repairs should be paid for only by the unit owners affected by the problem. Court resolved the case on its interpretation of the governing condominium documents.
Verizon v. Rochester, 156 N.H. 624 (2007): The telephone company sought abatement of the tax imposed against it for the value of the real property it uses
occupies in the public ways. We argued that the tax was excessive
its imposition violated the company's right to equal protection under the law. New Hampshire Supreme Court upheld the lower court's ruling that the proposed tax violated the company's right to equal protection compelled it to strike down the discriminatory levy.
