In the case of Rokowski and Rokowski, (decided July 23, 2015) the New Hampshire Supreme Court cautioned that a Court cannot conduct its own research in ascertaining the value of marital property. In the Rokowski case, one of the issues was the value of the marital home. Neither party at trial offered an appraisal which would show the fair market…
On June 5, 2015, an Administrative Law Judge for the National Labor Relations Board, a federal board that addresses cases of union and non-union employment under the National Labor Relations Act, addressed an issue of racist comments from a picketer. In the case of Cooper Tire & Rubber Company and their union, a worker was fired after he, while on…
In a June 25, 2015 decision of Jane Doe v. Bernabei & Wachtel, PLLC, et al, from the District of Columbia Court of Appeals, the court agreed with the trial court’s dismissal of employee’s claims related to public disclosure of private facts, false light, misappropriation, negligent infliction of emotional distress and intentional infliction of emotional distress all resulting from her…
At-will employees who have not signed a non-solicitation or non-competition agreements are generally free to go into competition with their former employer, yet are prohibited from revealing confidential and proprietary information. A recent Massachusetts case illustrates that confidential and proprietary information which cannot be used by a former employee in competition with their former employer needs to truly be confidential…
In a recent New Hampshire Supreme Court decision, a trial court’s award of alimony to a jailed spouse was upheld. In The Matter of Robert Kempton and Peggy Kempton, the wife was imprisoned after she embezzled over 1 million dollars from her employer. At the time of trial she had at least one year remaining on her sentence. The husband,…
Hamblett & Kerrigan is pleased to announce that four of its attorneys were named among Boston’s Top Rated Lawyers of 2015 in Legal Leaders publication of 2015 and Legal Leaders publication recently included in The Boston Globe and The Wall Street Journal. The attorneys included in the 2015 recognition are Joseph W. Kenny, Esq., J. Daniel Marr, Esq., Kevin P.…
Small startup companies often have a situation where they may have cash flow problems and need to reduce pay of their salaried executives until the finances get better. Under New Hampshire law, RSA 275:43-b(I) a salaried employee is to receive full salary for any pay period in which the employee performs any work without regard of the number of days…
All civil claims brought in New Hampshire are subject to a statute of limitations. The statute of limitations is a deadline that is intended to bar old or stale claims from being filed. Most civil claims, but not all, are subject to a 3-year state of limitations. The 3-year clock starts to run the moment the plaintiff realizes, or in…
In slip and fall injuries, it is incumbent upon the injury victim to establish that the defendant property owner knew or should have known of a dangerous condition existing on its property and that the condition caused the injury victim’s injuries. In 2007, the Massachusetts Supreme Judicial Court adopted the “mode of operation approach” which relieves the injury victim’s need…
In Massachusetts, many automobile insurance policies have medical payments coverage (hereinafter referred to as “Med Pay”) when PIP is exhausted or is not applicable to the accident, your automobile insurance will pay for the medical bills and expenses incurred as a result of an automobile accident from the Med Pay portion of the policy. In 2011 case from the Massachusetts…