Dismissal (42)

Guyotte, et al. v. O'Neill, et al., 2007-183 (N.H. S.Ct., Aug. 20, 2008)

GALWAY, J. The plaintiffs, Howard Joseph Guyotte and Louise A. Guyotte, appeal, and the defendants, Michael O’Neill and Bay Shores Building and Remodeling, LLC, cross-appeal, from a jury verdict in Superior Court (Smukler, J.) in favor of the defendants. We affirm.

Dickerson v. Phillips, 08-C-19 (Grafton, Jul. 16, 2008)

The plaintiff, Carolyn Dickerson, has brought suit against her former employer, the defendant, Roger Phillips, D.M.D., alleging wrongful termination. Before the Court is the defendant's motion to dismiss. For the following reasons, the motion to dismiss is granted in part and denied in part.

In Re: J.B. and J.G., 2008-023 (N.H. S.Ct., Aug. 6, 2008)

BRODERICK, C.J. This is an interlocutory appeal, see Sup. Ct. R. 8, from rulings of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying the respondent’s motion to dismiss. We affirm and remand.

Buckley, et al. v. New Hampshire Republican State Committee, et al., 04-E-0328 (Hillsborough, North, Jun. 12, 2006)

This matter arises out of an alleged phone-jamming scheme during the November 2002 election. The background of this matter has been summarized in earlier orders. Therefore, the Court proceeds directly to the merits of the pending motions to dismiss, regarding which a hearing was held on April 11, 2006.

Town of Canaan, et al. v. Gardner, 08-E-157 (Merrimack, May. 29, 2008)

The petitioners seek a declaratory ruling that RSA 662:5 (Supp. 2007), which delineates the state representative districts, is unconstitutional. They also seek to enjoin the respondent from conducting the 2008 primary and general elections based on the current house districts. The respondent objects, and moves to dismiss the petition. By agreement of the parties, the Court conducted a consolidated preliminary and final hearing on this matter on May 22, 2008. Upon review of the parties' pleadings, their submissions, and the applicable law, the Court Finds and rules as follows.

CTV of Derry, Inc., et al. v. Begley, et al., 00-C-429 (Rockingham, Feb. 6, 2002)

The plaintiffs have brought suit against three sets of attorneys alleging negligence on their part regarding a failed business transaction. The plaintiffs are the owners of Television Station WNDS, and they executed an Asset Purchase Agreement for its sale on September 26, 1996, with Ramcast Corp., predecessor in interest to a company named Global Broadcasting System, Inc. Pursuant to the Agreement, the plaintiffs turned over possession of the television station to Global on April 4, 1997. The purchase price was 18 million dollars and representations were made by Global's attorneys, based upon the assurances of Global's principals, that the moneys had been wired that day to the plaintiffs when in fact they had not. The plaintiffs initially sued Global for breach of contract and recovered a judgment. However, the judgment is uncollected because of the bankruptcy of Global.

Corbin v. Talarico Pontiac-Cadillac, Inc., et al., 03-C-876 (Hillsborough, North, Jul. 2, 2004)

The plaintiff, Corey Corbin, brought the instant action against defendants, Talarico Pontiac-Cadillac, Inc. ("TPC"), and Stephen Talarico. In the writ, the plaintiff asserts the following four counts against the defendant(s): (1) Discrimination, Harassment, Hostile Environment at TPC and Aiding and Abetting Therein by Mr. Talarico Based on SexualOrientation; (2) Wrongful Discharge; (3) Slander/Libel; and (4) Invasion of Privacy. Thedefendants now move to dismiss Counts III and IV. The court heard argument on the defendants' motion on April 21, 2004. The plaintiff agreed to dismiss the claim for invasion of privacy against Mr. Talarico individually, conceding the claim was barred by the statute of limitations. For the reasons discussed herein, the defendants' Partial Motion to Dismiss is GRANTED in part and DENIED in part.

Cannon v. Wise, 02-C-101 (Merrimack, Sep. 23, 2003)

Plaintiff Shelley Cannon has sued Ronna Wise, Esquire ("Attorney Wise") for legal negligence in her representation of Ms. Cannon in connection with her divorce from her former husband, Fred Feddersen. Attorney Wise moves to dismiss first, arguing that the action was not commenced within the three-year statute of limitations as required by RSA 508:4, 1, or in the alternative that the suit lacks causation and damages. Ms. Cannon objects. For the reasons stated below, Attorney Wise's Motion to Dismiss Based on the Statute of Limitations is GRANTED.

Acadia Insurance Co. v. Four Star Flooring, Inc., et al., 03-E-0529 (Hillsborough, North, Sep. 13, 2004)

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.

Bennett v. Glickfield, 99-C-197 (Strafford, Sep. 5, 2001)

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.
Syndicate content