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21 New Hampshire opinions name it 1 courts 1993–2025 8 in the last five years
The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Beane v. Dana S. Beane & Co., P.C.green2 sentences2025Id.; Beane, 160 N.H. at 713 (terming the codified discovery rule the “statutory discovery rule”). 2025See Beane, 160 N.H. at 713 . | 4 | 6 |
Balzotti Global Group, LLC & a. v. Shepherds Hill Proponents, LLC & a.green2 sentences2025Balzotti, 173 N.H. at 320. 2023Id. | 2 | 3 |
Yeaton v. Skillingsgreen2 sentences2023See West Gate Village Assoc. v. Dubois, 145 N.H. 293, 298 (2000) (“We further recognize that statutes of limitations may be waived.”); Yeaton, 100 N.H. at 320 (concluding that defendant’s failure to raise statute of limitations defense until three years after action was initiated constituted waiver). 1993Whether the litigants appear pro se or are represented by counsel, it is the defendant’s responsibility to raise an affirmative defense, such as the statute of limitations, and failure to do so within a prescribed period of time should be deemed a waiver, see Yeaton v. Skillings, 100 N.H. 316, 320 , 125 A.2d 923, 926 (1956); R. | 2 | 2 |
Glines v. Brukgreen2 sentences2010The statutory discovery rule “is designed to provide relief in situations where the plaintiff is unaware of either his injury or that the injury was caused by a wrongful act or omission.” Id. at 182 . 2010“Once the defendant has established that the statute of limitations would bar the action, the plaintiff has the burden of raising and proving that the discovery rule is applicable to an action otherwise barred by the statute of limitations.” Id. | 1 | 2 |
Appeal of New Hampshire Department of Transportationgreen2 sentences2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault. 2025Accordingly, we hold that “significant application and justification,” Appeal of N.H. Dep’t of Transp., 174 N.H. at 615 (quotation omitted), for the rule recognizing a defendant’s vested right in a statute of limitations defense continues to exist today. | 1 | 1 |
Archbishop of Washington v. Doegreen2 sentences2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault. 2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault. | 1 | 1 |
State v. Hamelgreen1 sentence2025See Hamel, 138 N.H. at 395; Maplevale Builders, 165 N.H. at 108 . | 1 | 1 |
Gould v. Concord Hospitalgreen2 sentences2025See, e.g., 9 Gould, 126 N.H. at 408 . 2025See Gould, 126 N.H. at 408 ; Maplevale Builders, 165 N.H. at 108 . | 1 | 1 |
West Gate Village Ass'n v. Dubiosgreen1 sentence2023See West Gate Village Assoc. v. Dubois, 145 N.H. 293, 298 (2000) (“We further recognize that statutes of limitations may be waived.”); Yeaton, 100 N.H. at 320 (concluding that defendant’s failure to raise statute of limitations defense until three years after action was initiated constituted waiver). | 1 | 1 |
Fothergill v. Seabreeze Condominiums at Hampton Ass'ngreen1 sentence2021See Fothergill v. Seabreeze Condos., 141 N.H. 115, 116 (1996). | 1 | 1 |
State v. Muentnergreen1 sentence2020Short, 618 A.2d at 319 - 21; see State v. Muentner, 406 N.W.2d 415, 417-20 (Wis. 1987) (holding that the jury must be instructed on the lesser included, time-barred offense of 6 manslaughter, and that if the defendant is found guilty of that offense the trial court may not enter a judgment of conviction). | 1 | 1 |
State v. Delislegreen2 sentences2020Delisle, 648 A.2d at 634 .3 Under the circumstances in this case, we believe that the New Jersey approach is consistent with our jurisprudence. 2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993). | 1 | 1 |
Spaziano v. Floridared2 sentences2020Spaziano, 468 U.S. at 454-57 ; Shelley, 80 N.E.3d at 337-40 . 2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993). | 1 | 1 |
State v. Shortgreen2 sentences2020Short, 618 A.2d at 319 - 21; see State v. Muentner, 406 N.W.2d 415, 417-20 (Wis. 1987) (holding that the jury must be instructed on the lesser included, time-barred offense of 6 manslaughter, and that if the defendant is found guilty of that offense the trial court may not enter a judgment of conviction). 2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993). | 1 | 1 |
Hurst v. Floridagreen1 sentence2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993). | 1 | 1 |
State v. Lake Winnipesaukee Resort, LLCgreen2 sentences2016The City submits two issues for our review: (1) “Whether the doctrine of nullum, ternpus applies to municipalities to bar the application of statutes of limitation[s] to claims brought by a municipality”; and (2) “Whether the doctrine of nullum, ternpus bars the application of RSA 508:4 to the City’s claims here.” *505 III “The doctrine of nullum, tempus is a common law rule excepting the sovereign from general limitations periods.” Lake Winnipesaukee Resort, 159 N.H. at 45 . 2016See State v. Lake Winnipesaukee Resort, 159 N.H. 42, 45 (2009) (“Because the trial court rejected the statute of limitations defense as a matter of law, our review is de novo.”). | 1 | 1 |
United States v. Cookgreen2 sentences2009Instead, the defendant raised the issue for the first time at the close of the State’s case. “[S]uch a proceeding would deprive the prosecutor of the right to reply or give evidence, as the case may be ....” Cook, 84 U.S. at 179 . 2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law). | 1 | 1 |
United States v. Richard Titteringtongreen1 sentence2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law). | 1 | 1 |
State v. Weeksgreen1 sentence2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law). | 1 | 1 |
State v. Knickerbockergreen1 sentence2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law). | 1 | 1 |
Kelleher v. Marvin Lumber & Cedar Co.green1 sentence2009See Kelleher v. Marvin Lumber & Cedar Co., 152 N.H. 813, 830 (2005). | 1 | 1 |
Noddin v. Noddingreen2 sentences1999Assuming, without deciding, that the unclean hands doctrine could bar Cabletron from asserting the statute of limitations defense, see Noddin v. Noddin, 123 N.H. 73, 76 , 455 A.2d 1051, 1053 (1983) (unclean hands doctrine may bar equitable relief), we hold that the doctrine does not apply under the circumstances of this case. 1999Assuming, without deciding, that the unclean hands doctrine could bar Cabletron from asserting the statute of limitations defense, see Noddin v. Noddin, 123 N.H. 73, 76 , 455 A.2d 1051, 1053 (1983) (unclean hands doctrine may bar equitable relief), we hold that the doctrine does not apply under the circumstances of this case. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Union Leader Corporation & a. v. Town of Salem
green
1 sentence2025“We are sometimes able to perceive significant facts or understand principles of law that eluded our predecessor and justify departures from existing decisions.” Id. (quotation and brackets omitted). [¶23] The plaintiff points to no New Hampshire cases to suggest that the law has developed in such a manner as to undercut the rule that a defendant has a vested right in a statute of limitations defense once the limitations period has run, nor do we find any upon our own review. | 1 | 2025–2025 |
Maplevale Builders, LLC v. Town of Danville
green
2 sentences2025See Gould, 126 N.H. at 408 ; Maplevale Builders, 165 N.H. at 108 . 2025See Hamel, 138 N.H. at 395; Maplevale Builders, 165 N.H. at 108 . | 1 | 2025–2025 |
Exeter Hospital v. Hall
green
1 sentence2021The trial court reasoned that it was appropriate for the court to consider the timeliness of the plaintiff’s claim against Colby because she “has received notice of the statute of limitations defense and has had an opportunity to rebut it.” See Exeter Hospital, 137 N.H. at 399-400 ; see also Super. Ct. R. 1(d) (“As good cause appears and as justice may require, the court may waive the application of any rule.”). | 1 | 2021–2021 |
Commonwealth v. Shelley
green
2 sentences2020Spaziano, 468 U.S. at 454-57 ; Shelley, 80 N.E.3d at 337-40 . 2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993). | 1 | 2020–2020 |
Dobe v. Commissioner, New Hampshire Department of Health & Human Services
green
1 sentence2020Dobe, 147 N.H. at 461 . | 1 | 2020–2020 |
Sundell v. Town of New London
green
2 sentences2019Indeed, this is precisely why we have instructed that whether a statute of limitations defense is applicable should ordinarily be determined "at a preliminary hearing in advance of trial." Sundell v. Town of New London , 119 N.H. 839 , 848, 409 A.2d 1315 (1979) (quotation omitted). 2019Indeed, this is precisely why we have instructed that whether a statute of limitations defense is applicable should ordinarily be determined "at a preliminary hearing in advance of trial." Sundell v. Town of New London , 119 N.H. 839 , 848, 409 A.2d 1315 (1979) (quotation omitted). | 1 | 2019–2019 |
Bryant v. Wyeth, Inc.
green
2 sentences2019Thus, unlike Bryant , the respondent here did not pursue his limitations defense "well in advance of trial," Bryant , 816 F. Supp. 2d at 333 , but instead waited until after trial had concluded, and a decision on the merits had issued, to press the defense. 2019There, the court concluded that the defendant had sought dismissal on statute of limitations grounds "well in advance of trial," and thus that the plaintiff had failed to show "that any delay ha[d] adversely affected its ability to fully and adequately respond to the motion on the facts and the law." Id. at 333 . | 1 | 2019–2019 |
United States v. Gaffney
green
1 sentence2010Gaffney, 469 F.3d at 215 n.2 (citing cases). | 1 | 2010–2010 |
| Alexander v. Whipple green | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.