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  • Commentaries
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New Hampshire Case Commentaries

DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions

DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions

Date: May 1, 2026
DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions Introduction In Petition of Metro Treatment of N.H., 2026 N.H. 20, the New Hampshire Supreme...
Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a

Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a

Date: Apr 30, 2026
Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a 1. Introduction In C.A. v. D.N. (No. 2025-0579) and D.W. v. D.N. (No. 2025-0580), the Supreme Court of New...
Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a

Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a

Date: Apr 29, 2026
Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a Court: Supreme Court of New Hampshire Date: April 28, 2026 Cases: Case No. 2025-0579, C.A. v....
Insurer Liquidation Act Governs Co-Insurer Contribution: Contribution Measured by Allowed Claim (Settlement Amount), Not Liquidation Distributions

Insurer Liquidation Act Governs Co-Insurer Contribution: Contribution Measured by Allowed Claim (Settlement Amount), Not Liquidation Distributions

Date: Apr 28, 2026
Insurer Liquidation Act Governs Co-Insurer Contribution: Contribution Measured by Allowed Claim (Settlement Amount), Not Liquidation Distributions 1. Introduction Case: In the Matter of Liquidation...
Mandatory Dismissal Means No Reinstatement: RSA 135:17-a, IV Limits Trial-Court Authority After a 12-Month Non-Restoration Finding

Mandatory Dismissal Means No Reinstatement: RSA 135:17-a, IV Limits Trial-Court Authority After a 12-Month Non-Restoration Finding

Date: Apr 27, 2026
Mandatory Dismissal Means No Reinstatement: RSA 135:17-a, IV Limits Trial-Court Authority After a 12-Month Non-Restoration Finding I. Introduction In State v. Freese, 2026 N.H. 18, the Supreme Court...
Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU

Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU

Date: Apr 27, 2026
Certificates of Rental Occupancy Can Establish a Lawful Preexisting STR Use When the Property Does Not Meet the Ordinance Definition of an ADU 1. Introduction In Donald McGowan & a. v. Town of...
UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists

UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists

Date: Apr 24, 2026
UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists Case: In the Matter of Stansfield & Patti, 2026 N.H. 17...
Blanket Right-to-Know Denials Require Fee Awards When Non-Exempt Material Is Obvious

Blanket Right-to-Know Denials Require Fee Awards When Non-Exempt Material Is Obvious

Date: Apr 17, 2026
Blanket Right-to-Know Denials Require Fee Awards When Non-Exempt Material Is Obvious Case: Town of Hanover v. Valley News, 2026 N.H. 16 Court: Supreme Court of New Hampshire Date: April 15, 2026 1....
Duty Limits on Construction Sites: No Liability for General Contractors, Subcontractors, or Landowners Absent Creation/Control of the Injury-Causing Danger

Duty Limits on Construction Sites: No Liability for General Contractors, Subcontractors, or Landowners Absent Creation/Control of the Injury-Causing Danger

Date: Apr 16, 2026
Duty Limits on Construction Sites: No Liability for General Contractors, Subcontractors, or Landowners Absent Creation/Control of the Injury-Causing Danger 1. Introduction In Nelson Salazar Orellana...
State v. Rosen: Rule 404(b) Limits on Prior Double‑Voting History and Admissibility of Third‑Party Confession to the Charged Election (with Richards Hearing Requirement)

State v. Rosen: Rule 404(b) Limits on Prior Double‑Voting History and Admissibility of Third‑Party Confession to the Charged Election (with Richards Hearing Requirement)

Date: Apr 16, 2026
State v. Rosen: Rule 404(b) Limits on Prior Double‑Voting History and Admissibility of Third‑Party Confession to the Charged Election (with Richards Hearing Requirement) 1. Introduction In State v....
Implicit “Personal Risk” Finding May Sustain Denial of Workers’ Compensation Where CAB Credits Expert that Non-Work Cause Was Sole Cause of Death

Implicit “Personal Risk” Finding May Sustain Denial of Workers’ Compensation Where CAB Credits Expert that Non-Work Cause Was Sole Cause of Death

Date: Apr 16, 2026
Implicit “Personal Risk” Finding May Sustain Denial of Workers’ Compensation Where CAB Credits Expert that Non-Work Cause Was Sole Cause of Death Introduction In Appeal of Estate of Matthew Kelley...
State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence

State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence

Date: Apr 9, 2026
State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence Introduction In State v. Stewart, the New Hampshire Supreme Court affirmed...
Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits

Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits

Date: Apr 4, 2026
Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits I....
Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed

Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed

Date: Apr 4, 2026
Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed Case: J&C Properties v. Rayster Realty, Citation: 2026 N.H....
Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses

Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses

Date: Mar 21, 2026
Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses 1. Introduction In Brixmor GA Seacoast Shopping Center LLC...
“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found

“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found

Date: Mar 20, 2026
“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found 1. Introduction In Appeal of New Hampshire...
State v. Clegg (2026 N.H. 11): Exigency Review Is De Novo and Carrier Delay Cannot Create Exigency

State v. Clegg (2026 N.H. 11): Exigency Review Is De Novo and Carrier Delay Cannot Create Exigency

Date: Mar 19, 2026
State v. Clegg (2026 N.H. 11): Exigency Determinations Are Reviewed De Novo, and Third-Party Warrant-Response Delay Does Not Supply “Exigency” I. Introduction In State v. Clegg, the New Hampshire...
State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15

State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15

Date: Mar 15, 2026
State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15 Introduction In State v. Brousseau, 2026 N.H. 10, the New...
Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment

Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment

Date: Mar 11, 2026
Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment Case: State of New Hampshire v....
Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights)

Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights)

Date: Mar 7, 2026
Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights) I. Introduction In Martin v. Far Echo Harbor Club, Inc., 2026 N.H. 9 (Mar. 3, 2026),...
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