Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back
Back

Representative Litigation Cases in New Hampshire

  • Represented Eversource Energy d/b/a Public Service Company of New Hampshire in an appeal from an order of the Public Utilities Commission denying the application of PSNH to enter into a contract to purchase gas pipeline capacity from Algonquin.  Also argued on behalf of Algonquin.  Petition for Approval of Gas Infrastructure Project With Algonquin Gas TransmissionLLC___N.H.___(May 2018).
  • Represented Antrim Wind Energy, LLC in an appeal challenging the grant of a Certificate of Site and Facility by the New Hampshire Site Evaluation Committee permitting the construction of a wind project, Appeal of Mary Allen et. al_. N.H.­__  (May 2018). 
  • Represents New Hampshire Motor Speedway, Inc. (N.H. NASCAR Speedway) in a contractual dispute regarding covenants in a purchase and sale agreement.  Now on appeal by plaintiffs to the New Hampshire Supreme Court. (2018)
  • Representing a major pharmaceutical company in an investigation by the New Hampshire Attorney General and argued on behalf of several companies on appeal to the New Hampshire Supreme Court, State of New Hampshire v. Actavis Pharma, ___N.H.__, 167 A. 3d 1277 (2017); cert. denied ___U.S.___(2018).
  • Petition of Reddam __ N. H. ___(2018):  Appeal concerning whether the New Hampshire Banking Department had jurisdiction over a corporate officer based on his “control person” status.
  • Estate of Michael van der Kieft v. Skovron Mechanical, et al (Hillsborough County Superior Court – Southern District Case No. 226-2018-CV-00049) – Wrongful death suit against HVAC companies in the death of a resident in condominium complex by carbon monoxide poisoning from an improperly installed and serviced gas boiler system. (2018)
  • William Sullivan, et al. v. KeySpan EnergyCorp., et al. (New York Supreme Court Index No. 12-36398 and Court of Appeals Case No. 2018-0433) – Environmental claim by more than 80 homeowners in Bay Shore, New York, who allege injury to property resulting from alleged contamination emanating from the former site of a manufactured gas plant.  Our utility client brought motion to dismiss claims based on statute of limitations.  Trial court decision dismissed 80 of 81 plaintiffs on that basis.  On appeal by plaintiffs to New York Appellate Division, the appellate court affirmed the dismissals except for one additional plaintiff. (2018)
  • Trustees of Dartmouth College v. Town of Hanover (New Hampshire Supreme Court Case No. 2017-0595) – Appeal to New Hampshire Supreme Court concerning the decision of the Hanover Planning Board to deny Dartmouth College a permit for a new athletic facility. (2017)
  • Pitroff et al v. USA, City of Portsmouth, et al (USDC-NH Civil Action No. 1:16-CV-522-PB) – Represented City of Portsmouth in defense of citizens suit to enjoin and stop a major renovation of municipal waste water treatment facility. (2017)
  • Brown et al v. Saint Gobain Performance Plastics Corporation et al. (USDC-NH Civil Action No. 1:16-CV-00242-JL) – Claims by landowners making claim for alleged PFOA groundwater contamination in southern New Hampshire communities.  Hundreds of properties potentially included in the claims. (2016)
  • City of Rochester v. AECOM Technology Corporation, et al, New Hampshire Supreme Court 2016-2012 (December 13, 2016).  After oral argument, successfully affirmed trial court's grant of AECOM's motion to dismiss from litigation based on statute of limitations.  On issue of first impression, Supreme Court held that doctrine of Nullum Tempus Occurrit Regi ("time does not run against the king") does not apply to municipalities in contract actions.
  • Represented a financial advisory firm in a contract dispute, obtained reversal of an arbitration award and sustained the court’s reversal in an appeal involving federal preemption claims.  Finn v. Ballentine, 169 N.H. 128 (2016).
  • H. Boone Porter, III and Margaret Porter v. Town of Sandwich, et al, Carroll County Superior Court (2015).  After two day trial, successfully obtained judgment for Porters.  Trial court found several violations of the NH Right to Know Law (RSA 91-A et seg), vacated two separate board decisions and mooted one, awarded attorneys' fees and costs, and ordered remedial training by town boards and individuals.
  • Leon Stillwagon v. Hitchiner Manufacturing Company, Inc., Hillsborough County Superior Court (2013).  Successfully defended company against claim for potentially multi-million dollars in payments to former executive.  Upheld on appeal (No. 2013 – 0716)
  • Southern Spectrum v. Town of Wolfeboro, Carroll County Superior Court (2012). Successfully obtained significant abatement for high end waterfront property after trial.
  • Successfully argued for the decertification of one of the largest class actions certified in New Hampshire.  Lawrence v. Philip Morris USA, Inc., 164 N.H. 93 (2012).
  • Successfully challenged the constitutionality of a Massachusetts statute retroactively reversing default rules in testamentary instruments.  Anderson v. BNY Mellon, 463 Mass. 299 (2012).
  • Obtained dismissal of a suit against Eversource Energy by a Competitive Energy Supplier.
  • Represented Eversource Energy before the Public Utilities Commission in a proceeding relating to the prudent costs of $400 million in pollution control improvements to a power plant.
  • Represented a Canadian mining company in a wrongful discharge suit and a related securities suit filed in both the United States and Canada.
  • Successful representation of a start-up high-tech company and its officers in connection with claims of breach of fiduciary duty by its founder and principal shareholder.

 

Integrity and trust

At McLane Middleton we establish and maintain long-standing relationships with our clients to help us better achieve their unique goals over time. This approach to building trust requires that our esteemed lawyers and professionals use their broad, in-depth knowledge and work together with integrity to ascertain sound resolutions to legal matters for their clients.

Strength in numbers

McLane Middleton is made up of more than 105 attorneys who represent a broad range of clients throughout the region, delivering customized solutions. As a firm we are recognized as having the highest legal ability rating. The firm is rated Preeminent by Martindale Hubbell and is recognized as one of the nation's leading law firms in Chambers USA. Our attorneys are distinguished leaders in their respective practice areas.

Meet Our People

Commitment and collaboration

McLane Middleton's versatile group of attorneys and paralegals become trusted authorities on each case through collaboration. We work with our clients to learn their individual needs first and foremost and, together, we develop comprehensive solutions to their specific legal matters. This approach helps us exceed our clients' expectations efficiently and effectively, client by client, case by case.

Practice Areas

A history of excellence

McLane Middleton was established in 1919 in New Hampshire, and has five offices across two states. However, deep historical roots don't allow you to become innate. Our firm is organized, technological, and knowledgeable. Our history means we are recognized. But our reputation is built on the highest quality of service and experience in very specific areas of law.

The Firm

Intelligence paired with action

Our team continuously seeks opportunities to enhance their professional development and put key learnings to action. The pursuit of further insight guides us to volunteer service opportunities, speaking engagements, and teaching roles. Our lawyers are sought after thought leaders across their industries, and recipients of leadership awards throughout the region.