Articles Posted in General Civil Litigation

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In response to a number of drug overdose-related deaths happening statewide, New Hampshire prosecutors are starting to take a tougher stance on certain drug dealers. In an effort to root out the drug problem at its source, drug dealers who deal overdose-prone drugs are being targeted in court. The charge being used to target them, however, has been a part of New Hampshire prosecutors’ ammunition for some time. The charge is known as “death resulting.” As its name implies, the charge comes into play when a person dies as a result of drug usage. This can hold drug dealers liable for the life-threatening harder drugs that result in overdoses. drug_dealer

These charges made recent headlines when Attorney General Joseph A. Foster announced he would pursue them against Kevin Manchester, who was arrested for dealing fentanyl. Fentanyl is a form of synthetic opioid analgesic that has contributed to 280 overdose deaths in 2015, and 54 confirmed deaths as of early May of this year. Attorney General Foster is quoted as saying that knowingly selling potentially deadly drugs is no different than “selling poison.” In another press release Attorney General Foster called the drug a “serial killer,” stating that all who sell the drug should be “held responsible.”

“Death Resulting”

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New Hampshire House Bill 1606 – Lowering the Drinking Age

When it comes to underage drinking, there are many lives lost each year due to alcohol poisoning or car accident related deaths in New Hampshire. One State Representative in New Hampshire is trying to change that. A new bill has been proposed to lower the drinking age and New Hampshire is not the only state considering this. Take a look at what the bill involves and why so many are behind it and its potential success rates. Beer and Keys small

What is House Bill 1606?

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2016 brings with it a host of new traffic laws for NH motorists.  New Hampshire has its fair share of traffic-related mishaps. Most of the unfortunate incidents have to do with driving habits and road conditions.  For instance, drinking and driving, especially during holidays, have been major causes of accidents. Driver distractions and inattentiveness, particularly in curvy roads and dark areas has also contribute to may accidents and injuries. new laws 2016download (1)

In 2016, The state has drawn up its own action plans aiming for zero-fatality accidents, total elimination of substance-impaired driving (DWI), enhanced driving discipline, and greater public awareness about safe driving.

As of the New Year 2016, there have been new laws added to the list.  These new laws cover fines or penalties incurred for specific traffic violations, as well as conditions where a New Hampshire driver may be liable for getting cited and penalized.

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Mary Elizabeth Tenn, a Manchester trial lawyer, takes office as president of the New Hampshire Bar Association on June 19, 2015 at the Bar Association’s Annual Meeting. As president of the Association, which represents all lawyers licensed to practice law in the state, Tenn said she intends to focus the culture of professionalism and civility that characterizes the practice of law in the state.

Mary Tenn takes office as President of the NH Bar Assoc.

Mary Tenn takes office as President of the NH Bar Assoc.

Tenn, a New Hampshire native, practices with the law firm of Tenn And Tenn, PA along with her three siblings James J. Tenn, Jr., John J. Tenn and Annmarie A. Tenn. Notably, Tenn is the second person in her family and in her firm to serve as president of the NH Bar Association, and follows her brother James J. Tenn, Jr. a past president of the New Hampshire Bar Association in 2009-2010. This year, Tenn And Tenn, PA, marks its 20th year of existence.

Tenn received her J.D. degree, cum laude, from Harvard Law School, where she served as an editor of the Harvard Civil Rights Civil Liberties Law Review. She received a B.A., summa cum laude, from Boston College, where she was elected to Phi Beta Kappa and awarded membership in the National Jesuit Honor Society—The Order of the Cross and Crown.

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Statute of Limitation Laws for Filing a Personal Injury Claim in New Hampshire

If you have been seriously injured in a car accident in New Hampshire through the negligence of another driver, you should first seek medical help, and then it would be in your best interest to seek an experienced personal injury law firm for legal help. NH law limits the amount of time you have to file a personal injury law suit. A timely filed legal claim can help you recover compensation for your injuries.  timetisueshutterstock_222102715

How Much Time Do I Have To File a Lawsuit?

The NH statute of limitations in a personal injury matter is three years from the day of the accident. Some folks believe that the period of time begins from the date you realize the insurance company isn’t going to cover your expenses, but this is not the case. The clock starts when the accident occurs. If your accident involves a government vehicle, like a city bus or the like, that statute can be shorter.

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A recent local news story concerning New Hampshire Motor Speedway general manager Jerry Gappens centers around NH’s public indecency and lewdness statute, RSA 645:1. As reported, Mr. Gappens was arrested last week and charged with lewdness after police allegedly spotted him engaged in sexual activity with a woman in the back seat of his Toyota Sequoya SUV. Detectives from the Manchester Police Street Crime Unit were monitoring illicit activities at around 5:45 p.m. near Lincoln and Manchester streets when they spotted a woman enter the passenger side of an SUV, which then drove toward Hanover Street, the police said. Manchester police officers followed the SUV into a parking lot where they say they “observed an act of lewdness take place in the vehicle.”Mr. Gappens, 53, along with Kendra Johnson, 19 was charged with a misdemeanor level offense. lewdness

Public Indecency and Lewdness in NH is defined as:

NH RSA 645:1 Indecent Exposure and Lewdness.  
    I. A person is guilty of a misdemeanor if such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm. 
    II. A person is guilty of a class B felony if: 
       (a) Such person purposely performs any act of sexual penetration or sexual contact on himself or herself or another in the presence of a child who is less than 16 years of age. 
       (b) Such person purposely transmits to a child who is less than 16 years of age, or an individual whom the actor reasonably believes is a child who is less than 16 years of age, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness. 
       (c) Having previously been convicted of an offense under paragraph I, or of an offense that includes the same conduct under any other jurisdiction, the person subsequently commits an offense under paragraph I. 
    III. A person shall be guilty of a class A felony if having previously been convicted of 2 or more offenses under paragraph II, or a reasonably equivalent statute in another state, the person subsequently commits an offense under this section. Continue reading →

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Health care providers are charged with the responsibility of making the most beneficial health care decisions for their patients. They have a responsibility to keep those patients safe and to keep others safe from their patients if they feel a patient may pose a danger to the public. When it comes to a person’s ability to drive safely and to avoid a potential car accident, a patient may pose a risk to himself or herself and the public in general. The new law in New Hampshire, HB 263, protects health care professionals from liability if they report a patient as medically unfit to drive. Accidents caused by elderly drivers

Law Takes Effect 1/1/2015

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NH Car Accidents and the Statute of Limitations

Each State has its Own Specific Laws

If you have been involved in an auto accident knowing the state laws regarding your case is important. Laws in each state are different and knowing the details of the laws that pertain to your accident claim is critically important.  Ignoring the law might just end up costing you your case. Time could be limited in your state, so filing your claim within the statute of limitations is important. car-accident-time-limits

 Statute of Limitation in the State of New Hampshire

 Filing a car accident lawsuit in New Hampshire must be done within a limited time frame. This “statute of limitations” runs out only 3 years after an auto accident has happened. As such, you have a limited amount of time to file your NH accident claims against the responsible party(s).  This time frame technically begins the day of the accident. To find more details about this law, it is listed under New Hampshire Revised Statutes 508:4.

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An early morning car crash on Interstate 293 in New Hampshire sent three people to area hospitals with injuries.  A Salem man is now facing DUI charges. buzzed driving

A car sped by a NH State Trooper at a high rate of speed. The Trooper pursued the vehicle and had the car in view when it crossed the center lane. The driver was stopped, field sobriety tests were administered, and the driver was subsequently arrested for DUI.

If this or a similar scenario happened to you or a loved one, you’re  probably trying to determine what options you have. Perhaps you submitted to a breath test, or had your blood alcohol content checked; or you maybe you refused the breath or blood tests and were charged with DUI anyway. And because you refused the chemical test, you face mandatory license suspensions because of the refusal. So, even though you may win the NH dui charge, you still may find your driving privileges suspended. If you find yourself charged with dui in NH, you will want to have an experienced DUI attorney by your side.

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Governor Maggie Hassan is expected to sign into a law a bill that would create “Joshua’s Law,” named after a  young boy who was shot and killed by his father at a Manchester visitation center last year.  The law does not change current law or enhance penalties, but rather it gathers all of the existing laws under one section of the state’s criminal code.  New Hampshire is currently one of only 15 states that does not have a separate classification for domestic violence.domestic violence

Gov. Hassan said in a news release shortly after the Senate passed the bill, “Passing Joshua’s Law to establish a crime of domestic violence is a common-sense step that will improve the safety of our families by helping law enforcement and prosecutors better identify and stop repeat abusers. The measure will also increase understanding of domestic violence and help victims access support and protections as early as possible.”

Currently someone who assaults or makes a threat toward a domestic partner or family member could face charges under one of 17 state statues – including simple assault, criminal threatening, or others.  The new law would allow law enforcement to charge an assailant with domestic violence, which would be treated different than assault by a stranger.  Deputy Attorney General Ann Rice has said this change would improve the accuracy of state records, which would lead to improved federal reporting.  Currently the state does not have a crime of domestic violence which leads to chronic abusers going unrecognized, according to some state officials.

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