11 results for 'judge:"Marconi"'.
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: Insurance, Municipal Law, Damages
J. Marconi reverses in part an order preventing a child’s maternal grandmother, who is the child’s guardian, from testifying, at the father’s parole or any similar hearing, against releasing the child’s father from prison. The circuit court exceeded its authority in prohibiting the child’s guardian from speaking at his father’s parole hearing. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 24, 2024, Case #: 2022-0664, Categories: Family Law, Guardianship
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J. Marconi agrees with the defendant that, to determine whether a reasonable person would consider a threat as a likely cause of serious bodily injury or death to an extent that the person would use a firearm to warn off the person making the threat, does not hinge on whether or not the person being threatened is able to retreat. The jury should not have been instructed to use the defendant’s ability to leave the scene as a factor in determining the threat he faced in a road rage incident. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 19, 2024, Case #: 2022-0432, Categories: Firearms, Threats, Vehicle
J. Marconi affirms an order granting a petition for guardianship over a man who was involuntarily committed, but vacates the order granting the petition for his nonemergency involuntary admission. It is unclear whether the man lived in New Hampshire at the time the emergency admission expired and the non-emergency involuntary admission petition was filed. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 16, 2023, Case #: 2021-0408, Categories: Commitment, Due Process, Guardianship
J. Marconi affirms the denial of a utility company’s motion for a rehearing to recover the development costs of an abandoned project by increasing rates for its customers. Because the development costs were costs associated with construction work that wasn’t completed, even though the costs also didn’t go towards construction work in progress, the utility company does not have a right to recover those costs through a rate increase.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 15, 2023, Case #: 2022-0146, Categories: Commerce, Construction, Consumer Law
[Consolidated.] J. Marconi vacates the denial of the defendant’s motion to suppress evidence against her obtained through a police traffic stop used to convict her for driving after suspension and disobeying a police officer. The officer did not have a reasonable suspicion to justify the traffic stop.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 2, 2023, Case #: 2022-0253, Categories: Search, Vehicle
J. Marconi affirms the Compensation Appeals Board’s decision to grant an insurance carrier’s request to reduce an individual’s temporary total disability benefits to the diminished earning capacity rate. The testimony of the individual and the experts who treated her were inconsistent with each other, so an independent expert’s opinion was honored over their opinions.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: August 16, 2023, Case #: 2021-0153, Categories: Health Care, Insurance, Experts
J. Marconi affirms the dismissal of a lawyer’s claims against the New Hampshire Democratic Party for libel and defamation because its statements that the lawyer committed theft by extortion are true. However, the court agrees with the lawyer that, because his criminal conviction was annulled, it should be treated as if he were never arrested, convicted or sentenced. Affirmed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: June 1, 2023, Case #: 2021-0551, Categories: Defamation, Attorney Discipline