Cases
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20 opinions for “DAVID W. SIMONEAU”
Simoneau v. Simoneaupublic domain
PER CURIAM. [¶ 1] Neree Simoneau appeals from the judgment entered in the Superior Court (Franklin County, Delahanty, J.) affirming the judgment of the District Court (Farming-ton, Sheldon, J.) granting Neree and Sabra a divorce, dividing their property, and awarding Sabra alimony. On appeal, Neree contends that the court erred in considering Neree and Sabra’s period of premarital cohabitation to determin
Simoneau v. Northern Terminals, Inc.public domain
Mahady, J. Northern Terminals, Inc. (Northern) appeals from a superior court decision awarding compensatory and' punitive damages for its failure to honor plaintiff’s preemptive right of first refusal to purchase property which plaintiff leased from Northern in Burlington. We affirm the judgment as to liability but reverse the trial court’s award of damages. I. Background Northern ac
State v. Simoneaupublic domain
402 A.2d 870 (1979) STATE of Maine v. Albert L. SIMONEAU. Supreme Judicial Court of Maine. June 29, 1979. *871 Michael D. Seitzinger, (orally), Charles K. Leadbetter, Fernand R. LaRochelle, Asst. Attys. Gen., Augusta, for plaintiff. LaFountain & Ordway by David R. Ordway, (orally), Lloyd P. LaFountain, Biddeford, for defendant.
In re Southern New Hampshire Medical Centerpublic domain
DALIANIS, C.J. In this petition for original jurisdiction, see SUP. Ct. R. 11, the defendants, Southern New Hampshire Medical Center (SNHMC) and Bernard Bettencourt, Jr., D.O., seek review of the decision of the Superior Court {Nicolosi, J.) that three provisions of the statute governing medical injury screening panels, RSA 519-B:8-:10 (2007), violate the Separation of Powers Clause of the State Constitution, <
Hemenway v. Hemenwaypublic domain
992 A.2d 575 (2010) Michelle HEMENWAY v. Edmund J. HEMENWAY, Jr. No. 2008-829. Supreme Court of New Hampshire. Argued: October 8, 2009. Opinion Issued: January 29, 2010. *577 Nixon, Raiche, Vogelman, Barry & Slawsky, P.A., of Manchester (Kirk C. Simoneau and David L. Nixon on the brief, and Mr. Simoneau orall
Farley ex rel. Farley v. United Statespublic domain
MEMORANDUM AND ORDER LANDYA McCAFFERTY, District Judge. In October of 2010, Michael Farley experienced symptoms including the loss of his peripheral vision and a painful headache. A veteran of the United States Navy, Mr. Farley sought treatment at the Veterans Administration Medical Center in Manchester, New Hampshire (“Manchester VA”). There, Mr. Farley was examined and given a series of tests, a
State v. Hutchinspublic domain
Skoglund, J. ¶ 1. This suppression-of-the-evidence case asks us whether all turns of the steering wheel require a signal. We respond that they do not. Defendant appeals the criminal division’s denial of his motion to suppress and dismiss his charge for driving under the influence (DUI). In that motion, defendant claimed the evidence underlying his DUI charge should have been suppress
Appeal of Kellypublic domain
Bassett, J. The petitioner, Brandon Kelly, appeals a decision of the New Hampshire Compensation Appeals Board (CAB) denying his claim for workers’ compensation benefits for severe injuries he sustained while driving between a job site and his place of employment. The CAB ruled that the injuries did not arise out of his employment as required by RSA 281-A:2, XI (2010). We reverse and remand. The CAB found, or th
State v. Philip M. Tetreaultpublic domain
SKOGLUND, J. ¶ 1. Defendant Philip Tetreault appeals his convictions for heroin trafficking and conspiracy to sell or deliver a regulated drug. He argues that the trial court erred in denying his motion to suppress evidence gathered from his vehicle during a traffic stop. We affirm. ¶ 2. The trial court made the following findings in its decision denying defendant'
Souza v. Registrar of Motor Vehiclespublic domain
Botsford, J. This case turns on the interpretation of the word *228“convicted” in G. L. c. 90, § 24 (1) (f) (1), a statute providing for the suspension of a driver’s license for refusal to submit to a test for blood alcohol content (breathalyzer test) on arrest for operating a motor vehicle while under the influence of intoxicating liquor. We conclude that as use
Barrett v. Ambient Pressure Diving, Ltd.public domain
OPINION GARDNER, District Judge. This matter is before the court on three separate motions to dismiss plaintiffs Amended Verified Complaint filed May 24, 2005. Defendants Ambient Pressure Diving, Ltd.; Silent Diving Systems, LLC; Cliff Si-moneau; Michael Fowler; C2 Educational Expeditions (“C2”) and Technical Dive International (collectively “the Ambient defendants”) filed a motion to dismiss on
Freeman v. United Statespublic domain
RULING ON MOTION TO DISMISS Alvin W. Thompson, United States District Judge The plaintiffs bring this action under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (the “FTCA”) seeking compensatory damages and attorneys’ fees. The Complaint has two counts. The First Count is brought by Patrick Freeman and alleges negligence by Department of Veterans Affairs personnel acting on behalf of the United Sta
State v. Adam Winterspublic domain
¶ 1. Eaton, J. Defendant appeals from his conditional guilty plea to possession of cocaine, challenging the trial court’s denial of his motion to suppress. Defendant maintains that he was illegally seized when a police officer approached his parked car twice in a short period and, during the second encounter, asked him pointed questions about drugs. We agree, and therefore reverse and remand the trial court’s decis
Black v. Statepublic domain
362 S.W.3d 626 (2012) Gary Lyn BLACK, Appellant, v. The STATE of Texas. No. PD-1551-10. Court of Criminal Appeals of Texas. February 15, 2012. *627 L. Patrick Davis, Fort Worth, for Appellant. *628 David W. Vernon, Asst. D.A., Cleburne, Lisa C. McMinn, State's Attorney, Austin, for Stat
Gallinari v. Klothpublic domain
RULING ON MOTIONS TO DISMISS VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE I.INTRODUCTION Plaintiff, Susan Gallinari, filed this diversity action against Defendants, David S. Kloth, M.D. (“Dr. Kloth”), Connecticut Pain Care, P.C. (“CPC”), Danbury Hospital (the “Hospital”)-and Ridgefield Surgical Center, LLC (“RSC”), alleging that Defendants injected her with a contaminated medication.
State v. Brannpublic domain
736 A.2d 251 (1999) 1999 ME 113 STATE of Maine v. Christopher BRANN. Supreme Judicial Court of Maine. Submitted on Briefs June 17, 1999. Decided July 19, 1999. *252 David W. Crook, District Attorney, Brian Mahany, Asst. Dist. Atty., Augusta, for the State. C.H. Spurling, Spurling Law Offices, Gardin
State v. Sullivanpublic domain
Robinson, J. ¶ 1. Defendant Corrina Sullivan seeks reversal of her conviction for driving under the influence of alcohol (DUI) on the ground that the trial court erred in denying her motion to suppress various statements and evidence obtained during or as a result of an encounter between her and police officers in her apartment. We affirm. ¶ 2. The facts as f
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Dowling et al. v. Civil No. 18-cv-180-JL Opinion No. 2018 DNH 207 Saint-Gobain Performance Plastics Corp. et al. MEMORANDUM ORDER The plaintiffs initiated these actions as proposed class actions by filing complaints in this court on December 5, 2016. After consolidation with other, related cases,
State v. Mark Bergquistpublic domain
ROBINSON, J. *951 ¶ 1. Defendant appeals his jury conviction for sexually assaulting his seven-year-old daughter, A.B. On appeal, defendant raises a host of arguments challenging the trial court's (1) admission of A.B.'s out-of-court statements pursuant to Vermont Rule of Evidence 804a, (2)
Rood v. Umatilla Countypublic domain
526 F.Supp.2d 1164 (2007) Debra P. ROOD, Plaintiff, v. UMATILLA COUNTY and Heather Elizabeth Luxton, Defendants. No. 06-CV-346-SU. United States District Court, D. Oregon. November 20, 2007. *1165 *1166 *1167 David H. Black, HR Juris, PC, Clackamas, OR, for