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Tenn-rideshare-300x199These days we think nothing of grabbing an Uber or hopping into a Lyft instead of a cab or driving ourselves. Rideshares have become a cost-effective part of our lives, with easy-to-use apps, cash-free payment, and the ability to leave driver feedback instantly. More than 36% of people used rideshares in 2018, and the two largest companies – Uber and Lyft – reported more than $17.7 billion in net revenue in 2019. Rideshare companies are popular among riders, but these companies raise some unique legal issues because they treat their drivers as contractors and state lawmakers haven’t figured out how to regulate them.

While rideshares are similar to taxi cabs, there are some important differences. Rideshare companies don’t own a fleet of cars. Rather, these companies act more as a platform to allow car owners to operate as a taxi in their private car. Moreover, rideshare platforms don’t fall under the same regulatory and licensing requirements that govern traditional taxi companies, leaving many grey areas concerning legal liability for accidents. Luckily, the New Hampshire legislature stepped into this regulation vacuum, passing legislation in 2016 to pass a law setting statewide rules for ridesharing.

Liability for Car Accidents

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The coronavirus pandemic has created numerous tense child-rearing issues between divorced parents. With the Covid-19 vaccine now available to children age 12 and up, there’s new potential for conflict. Polls show that American parents are torn as to whether to give their kids the vaccine, and there’s no doubt that some divorced parents fiercely disagree as to the right approach. When both sides maintain that their stance is the best path to keeping kids healthy and safe, who gets to decide?

Who has legal custody?Tenn-vaccination-300x173

When parents divorce, they must come to an agreement about who has physical and legal custody of their children. Physical custody refers to where and with whom the children primarily live. Legal custody refers to parents having authority to make decisions for their children regarding major issues such as religious upbringing, education, and medical matters. Parents often have shared legal custody, which means that both parents have equal decision-making responsibility for their children. However, sometimes a parent may have sole legal custody and exclusive authority to make important decisions for the child, including whether to vaccinate them.

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Since the world began tracking COVID-19 cases, there have been nearly 168 million cases worldwide and more than 33 million cases in the United States. Although the long-term consequences of COVID-19 infection are still unfolding, some of the effects came into play as early as last summer, when experts predicted that as many as 1 in 3 patients could experience neurological after-effects of the disease.

Neurological Impact

Beyond lung damage, this is perhaps the most concerning long-term effect. Although scientists are undecided on whether COVID-19 attacks the brain itself, the evidence clearly points to the ongoing potential results: increased fatigue, sleep disorders, gait challenges, loss of vision, and tingling/numbness in limbs. And, the prediction from last August has proven to be prescient and accurate by several longitudinal studies. “The survivors displayed a wide array of neurological symptoms: fatigue, from memory and attention issues to sleep disorders, myalgias followed by depression/anxiety, visual disturbances, tremors, and anosmia, the loss of the sense of smell.”

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Did you know that in 2017, some 799 fatalities occurred in and around roadway work zones, and 129 resulted in pedestrian fatalities? According to data published by the National Work Zone Safety Information Clearinghouse, hundreds of fatalities occur each and every year in and around roadway work zones across our Country. Others have estimated that on average, a work zone crash occurred once every 5.4 minutes. Every day, 70 work zone crashes occurred that resulted in at least one injury.  On average, three fatalities each work day happen in highway construction areas nationwide. workzone


Fatalities and other catastrophic injuries often occur when there are unsafe traffic and pedestrian detours near a work zone.


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sobriety-checkpointAA-696x441-300x190A recent push to ban the use of sobriety checkpoints in New Hampshire died in the Senate on Thursday after a majority of senators rallied behind the practice.

By a vote of 16-7, the chamber voted down House Bill 1283, which would prohibit the use of the checkpoints by police departments. These checkpoints have been used in New Hampshire since 2003 as a means to deter and catch impaired drivers. Police departments throughout the state use the technique to block off stretches of roads and detain drivers to determine their sobriety. Although many contest the constitutionality of such stops and question their effectiveness, police departments argue that sobriety checkpoints, which can detain hundreds of motorists in a night, act as a powerful tool to combat drunk driving.

Under present NH law, local law enforcement agencies must obtain a Superior Court order first, and must publish the times and general location in a newspaper.

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Tenn And Tenn, P.A. Attorney Named 2018 ‘Lawyer Of The Year’ For Family Law in NH by Best Lawyers in America

Tenn And Tenn, P.A. congratulates Mary Elizabeth Tenn for being named the 2018 Lawyer of the Year for Family Law in New Hampshire by Best Lawyers in America. Mary previously received the Lawyer of the Year honor for the State of New Hampshire in 2016 and has been recognized regularly in Best Lawyers in America© annual ratings.marye-240x300

The Firm’s partners, James J. Tenn, Jr. (Family Law, Family Law Mediation, Personal Injury – Plaintiffs) and John J. Tenn (Personal Injury – Plaintiffs) also have been recognized in their respective fields by Best Lawyers in America©.

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On a map of the United States that marks in red the states in which the death penalty is legal, New Hampshire appears as though a solitary island of red amid a sea of blue (indicating non-death penalty states.) The Granite State is one of just 19 states (and the only state northeast of West Virginia) to employ the death penalty. At present just one person sits on death row in New Hampshire, a man by the name of Michael Addison, who was sentenced after killing a police officer in 2008. There is no execution facility in the state. Despite having been on the books for decades, no one has been executed in the state since 1939. deathpenalty38-300x169

A 2008 poll in the Monitor found that at least 57% of those polled were in support of the death penalty. Thirty-nine percent were in favor of life imprisonment without parole while 4% remained uncertain. Despite being little more than a theoretical deterrent than an actual, frequently sentenced penalty, New Hampshire lawmakers are trying once again to repeal the death penalty in the state. The repeal may prove more symbolic as its tangible results will be largely imperceptible to the public – the one man who currently awaits execution would still be executed even if it is repealed. At the very least, it may engender at least some peace of mind for those accused of crimes in New Hampshire and who are currently eligible for the death penalty.

Two previous efforts to repeal the penalty have failed with a tied Senate vote each time.“On average, it costs about $5 million to do a total death penalty appeals process and all the stuff that goes with it,” said Representative Bob Giuda, a sponsor of the bill. “That’s one significant reason.” Senate Bill 593 appears it will make it through the Senate this time; it has the support of 13 out of 24 senators.

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A Merrimack, New Hampshire woman has been charged after lying to police about an alleged crime. Thirty-three year old Kristin Miller told officers that she was stabbed by an unknown assailant while at her mailbox last month. After police uncovered evidence that Miller’s story was fabricated, she was charged with a class A misdemeanor of giving a false report to law enforcement — the penalty for which is up to one year in jail. Miller’s stab wounds were reportedly self-inflicted.falsereport-300x225

Medical personnel, fire and law enforcement were called to Miller’s home after the January 27th incident, where she recounted how a man had attacked her. She later received treatment, including surgery, at St. Joseph Hospital while police searched for a now at-large assailant. In the course of the investigation, police stopped vehicles and k-9 units tracked footprints in the snow.

“The information [given by Miller] was later discovered by investigators to be false… based on evidence recovered by said investigators.” It is yet unclear how investigators came to the determination that Miller’s story was fabricated and what the evidence is that induced that determination. It is clear that an arrest warrant was issued, and Miller was arrested and subsequently released on $1,000 personal recognizance. Arraignment is scheduled for February 22, 2018.

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New Hampshire is taking steps toward reforming certain aspects of its criminal justice system. Victims’ rights advocates are spearheading these efforts, although the changes stand to have an equal and opposite effect on the accused/convicted. According to the Concord Monitor,”New Hampshire is one of 15 states that does not extend enumerated rights to victims of crime.” There is an implication that lawmakers were more concerned with putting provisions in place to protect criminal defendants, while failing to provide alleged crime victims with ‘parallel’ rights, if you will. As the movement gains traction, the chief concern of criminal defense advocates is that the new victim-serving provisions do not in turn infringe on the rights of criminal defendants.marsyslawac-300x195 Continue reading →

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