Collateral Estoppel (6)
Thu, 06/05/2008 - 23:25 — DLG
The petitioner, Acadia Insurance Company ("Acadia"), has filed a petition for declaratory judgment requesting that the court declare its obligations pursuant to insurance policies issued to the defendant, Four Star Flooring, Inc. ("Four Star"), void. Acadia seeks to avoid its insurance obligations due to the alleged fraudulent conduct of defendants, John Kallelis ("Kallelis") and Theresa Nenni ("Nenni"), formerly known as Theresa Kallelis, in filing claims for workers' compensation and underinsured motorist benefits. Nenni has filed three motions to dismiss the equity petition, all to which Acadia has objected. Upon consideration of the parties' pleadings, and for the reasons set forth herein, the court finds and rules as follows.
Thu, 06/05/2008 - 13:07 — DLG
The plaintiff brought this malicious prosecution action seeking to recover damages flowing from a civil action previously brought by the defendant against the plaintiff. The defendant moves to dismiss this present claim arguing the claim is either barred by res judicata or by a-three year statute of limitations.
Thu, 06/05/2008 - 13:00 — DLG
The plaintiff files this malicious prosecution action seeking damages he claims were caused as a result of the defendant's previous filing of two law suits against him and the Terry C. and Terry M. Bennett Charitable Remainder Unitrust (the trust) in Rockingham County. Specifically, the plaintiff claims that the defendant filed the lawsuits without probable cause and with the primary purpose of interfering with the plaintiff's lawful business activities. The defendant denies the allegations and argues, among other things, that the doctrines of res judicata and collateral estoppel preclude the plaintiff from recovering damages in the present case. For the reasons stated in this order, the court finds for the plaintiff in the amount of $434,000.
Wed, 05/28/2008 - 12:24 — DLG
The petitioner in this case asks the Court to establish a constructive trust as to property owned by the respondent, Portsmouth Animal Hospital, PLLC. The property is located at 1000 Islington Street in Portsmouth, New Hampshire and is the location of the petitioner's dental clinic. Thomas Chase, the spouse of Carolyn, is the owner of the PLLC. The parties are in the midst of an acrimonious divorce which has resulted in a number of orders involving the use and occupancy of the property.
Sun, 05/25/2008 - 15:48 — DLG
The petitioner, Terry M. Bennett, M.D., originally brought this action challenging the manner in which the New Hampshire Board of Medicine ("Board") had been investigating and adjudicating complaints against him. The petitioner now moves for an injunction barring the Board from taking any further action relative to the complaints against him. The Board objects. The Court held a hearing on the motion on May 11, 2006. Considering the parties' arguments and the relevant law, the Court finds and rules as follows.
Sat, 02/09/2008 - 00:17 — NHCaseLaw.com
Dartmouth College was founded in 1769. Under the Dartmouth College Charter, the College is governed by a Board of Trustees (“Board”). Between 1769 and 1891, the Trustees of Dartmouth College designated their own successors, who exercised authority and responsibility over the College governance without participation from College alumni. Starting in the 1860s, the Association and its members began pressing the College for alumni participation on the Board. (Petition ¶8). The dialogue between the Association and the College continued throughout the 1860s, 1870s and 1880s. (Pet. ¶¶ 9, 10, and 11). In June of 1891, the College and the Association reached an agreement that became known as the “1891 Agreement” (hereinafter referred to as the “Agreement”).