In these difficult economic times, many people who are having trouble making their monthly mortgage payments as well as those who are already in default are asking questions about possible alternatives to foreclosure when it appears that a mortgage modification or other workout plan is not possible or desirable. A “short sale” is sometimes used to resolve the default situation.…
The First Circuit Court of Appeals entered a decision on February 23, 2009 in the case of Marianne J. Fantini v. Salem State College which assists employers and employees alike understanding certain parameters of employment discrimination claims in New Hampshire and Massachusetts. The First Circuit Court of Appeals hears appeals from the federal trial courts in both New Hampshire and…
It is true that if you are injured while playing in a sporting event you may be able to recover damages. However, it is important to know that in two recent cases the New Hampshire Supreme Court limited a player’s ability to recover for an injury sustained during a sporting event. In the first case, Allen v. Dover Co-Recreational Softball…
When a lawsuit is begun, the plaintiff is required to “serve” the defendant with a copy of the complaint which gives rise to the suit. Service can take several forms but is most commonly done by a county sheriff. The sheriff is instructed to either give a copy of the complaint to the defendant or leave a copy of the…
The doctrine of judicial estoppel is intended to protect the integrity of the judicial process. It prevents a party from taking inconsistent positions in two separate law suits. For example, if a party successfully brings a claim asserting that a contract is enforceable, he or she will be barred in a subsequent law suit from taking the position that the…
The need for an experienced attorney to represent a buyer or a seller in a real estate transaction has never been more important than in today’s troubled economic times. Mortgage rates are falling which has or could lead to a boom in refinancing. There is also a considerable amount of distressed or foreclosed properties on the market which may present…
When an employee sues his former employer for discrimination, the employee is obviously concerned that his reputation is not further damaged by the litigation. The employer being sued, however, may want information from both former and current employers of that employee and will seek such information in litigation. The Massachusetts Federal Court addressed this issue in a discovery order on…
If an employee loses a job as a result of a customer’s complaint, it is very difficult for that employee to hold that customer legally responsible. The claim against a customer would be a claim of intentional interference with contractual relations. This type of claim was analyzed in a recent New Hampshire federal court decision. In the case of George…
Under New Hampshire law, employers are obligated to pay their employees all wages that are due them which includes salary, hourly wages, sales commission and non-discretionary bonuses. Vacation/sick/personal time pay will also be considered as wages when they are part of a company policy or agreement between the employer and employee. If the company has the ability to pay its…
In most cases, damages in personal injury cases are composed of two separate areas. The first are damages that can be reduced to a specific dollar amount or tangible damages. These include, for example, medical bills, medications, costs of future treatment, lost wages, and lost earning capacity. The other part of a damage award is comprised of intangible damages. This…