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19 New Hampshire opinions name it 1 courts 1901–2016 0 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 |
|---|---|---|
Clark v. Clarkgreen2 sentences2016The choice-influencing considerations adopted by this court in Clark v. Clark, 107 N.H. 351 (1966), are: (1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the states in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; and (5) the court’s preference for what it regards as the sounder rule of law. 1993A fifth consideration is the court’s preference for what it regards as “the sounder rule of law.” Clark v. Clark, 107 N.H. at 355 , 222 A.2d at 209 . | 3 | 9 |
LaBounty v. American Insurance Co.green2 sentences1997In New Hampshire, the appropriate analysis in a case involving a choice of law focuses on five choice-influencing considerations: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in the federal system; (3) simplification of the judicial task; (4) advancement of the governmental interest of the forum; and (5) the court’s preference for what it regards as the sounder rule of law.” LaBounty, 122 N.H. at 741 , 451 A.2d at 163 . 1997In New Hampshire, the appropriate analysis in a case involving a choice of law focuses on five choice-influencing considerations: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in the federal system; (3) simplification of the judicial task; (4) advancement of the governmental interest of the forum; and (5) the court’s preference for what it regards as the sounder rule of law.” LaBounty, 122 N.H. at 741 , 451 A.2d at 163 . | 3 | 4 |
Doiron v. Doirongreen2 sentences1988Clark described five considerations to be addressed in making a choice of law: “(1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; (5) the Court’s preference for what it regards as the sounder rule of law, as between the two competing ones.” Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); see Clark v. Clark, 107 N.H. at 354-55 , 222 A.2d at 208-09 ; Lefla 1988Clark described five considerations to be addressed in making a choice of law: “(1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own state’s governmental interests rather than those of other states; (5) the Court’s preference for what it regards as the sounder rule of law, as between the two competing ones.” Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); see Clark v. Clark, 107 N.H. at 354-55 , 222 A.2d at 208-09 ; Lefla | 3 | 4 |
Ferren v. General Motors Corp.green2 sentences2016See Ferren v. General Motors Corp., 137 N.H. 423, 425 (1993). 1999Id. | 1 | 2 |
Taylor v. Bullockgreen2 sentences2016This consideration “can play an important role in the ultimate choice made between the two competing laws.” Taylor v. Bullock, 111 N.H. 214, 216 (1971). 2016The determination of which state’s rule of law is the sounder rule requires an examination of the policies behind the conflicting rules and a decision as to which represents “the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks.” Taylor, 111 N.H. at 216 (quotation omitted). | 1 | 1 |
Woronzoff-Daschkoff v. Woronzoff-Daschkoffgreen1 sentence2016Under New York law, “annulments are decreed, not for any and every kind of fraud, but for fraud as to matters ‘vital’ to the marriage relationship only.” Woronzoff-Daschkoff v. Woronzoff-Daschkoff, 104 N.E.2d 877, 880 (N.Y. 1952) (citation omitted). | 1 | 1 |
Lessard v. Clarkegreen1 sentence2009See Lessard v. Clarke, 143 N.H. 555, 556 (1999) (courts must consider: “(1) the predictability of results; (2) the maintenance of reasonable orderliness and good relationships among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own State’s governmental interests rather than those of other States; and (5) the court’s preference for what it regards as the sounder rule of law” (quotation omitted)). | 1 | 1 |
Chonich v. Fordgreen1 sentence1999See, e.g., Sanchez v. Coxon, 854 E2d 126, 128-30 (Ariz. 1993) (en banc); Chonich v. Ford, 321 N.W.2d 693, 697 (Mich. Ct. App. 1982). | 1 | 1 |
State v. Roygreen2 sentences1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired 1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired | 1 | 1 |
Heath v. Sears, Roebuck & Co.green2 sentences1993See Heath v. Sears, Roebuck & Co., 123 N.H. 512, 525-26 , 464 A.2d 288, 295-96 (1983). 1993See Heath v. Sears, Roebuck & Co., 123 N.H. 512, 525-26 , 464 A.2d 288, 295-96 (1983). | 1 | 1 |
United States v. George H. Vestgreen1 sentence1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired | 1 | 1 |
State v. Truegreen1 sentence1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired | 1 | 1 |
United States v. Michael E. Quintogreen1 sentence1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired | 1 | 1 |
United States v. Powellgreen1 sentence1987Dunn , to be sure, rested in part on a view of res judicata that is now obsolete, compare Dunn v. United States, supra at 393, with United States v. Powell, supra at 64; but Justice Holmes’s principal line of reasoning still merits acceptance today. | 1 | 1 |
In Re Estate of Sayewichgreen2 sentences1982See In re Estate of Sayewich, 120 N.H. 237, 241 , 413 A.2d 581, 583 (1980). 1982See In re Estate of Sayewich, 120 N.H. 237, 241 , 413 A.2d 581, 583 (1980). | 1 | 1 |
Gordon v. Gordongreen2 sentences1982Gordon v. Gordon, 118 N.H. 356, 358 , 387 A.2d 339, 340 (1978); Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); Clark v. Clark, 107 N.H. 351, 354-55 , 222 A.2d 205, 208-09 (1966). 1982Gordon v. Gordon, 118 N.H. 356, 358 , 387 A.2d 339, 340 (1978); Doiron v. Doiron, 109 N.H. 1, 3 , 241 A.2d 372, 373 (1968); Clark v. Clark, 107 N.H. 351, 354-55 , 222 A.2d 205, 208-09 (1966). | 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 |
|---|---|---|
Benoit v. Test Systems, Inc.
green
1 sentence2016“The fifth and final consideration concerns our preference for applying the sounder rule of law.” Benoit, 142 N.H. at 53 . | 1 | 2016–2016 |
Keeton v. Hustler Magazine, Inc.
green
1 sentence2011Keeton, 131 N.H. at 14 ; Clark, 107 N.H. at 353-55 ; LaBounty v. American Insurance Co., 122 N.H. 738, 741 (1982). | 1 | 2011–2011 |
Voelbel v. Town of Bridgewater
green
1 sentence2002In Voelbel , we reasoned that “the sounder rule of law favors granting municipal officials, acting in a legislative capacity, absolute immunity for their comments made during a town meeting regarding town matters.” Id. at 600 . | 1 | 2002–2002 |
Stephens v. United States
green
1 sentence1993For this reason we conclude that the sounder rule is that “only prior consistent statements that tend to rebut the charge [of fabrication], i.e., those made prior to the time that the supposed motive to falsify arose, are admissible under [Rule 801(d)(1)(B)].” State v. True, 438 A.2d 460, 465 (Me. 1981); accord United States v. Quinto, 582 F.2d 224, 232 (2d Cir. 1978); State v. Roy, 140 Vt. 219, 227 , 436 A.2d 1090, 1094 (1981); cf. United States v. Vest, 842 F.2d 1319, 1329-30 (1st Cir.) (upholding trial court’s finding that prior consistent statements “were made before [the witness] acquired | 1 | 1993–1993 |
In re Estate of Wood
green
2 sentences1986We noted that the “New Hampshire wrongful death statute, which permits distribution of the death benefits in accordance with the provisions of the decedent’s will, is the sounder rule of law because it fosters the intent of the decedent-testator.” 122 N.H. at 958 , 453 A.2d at 1252 . 1986We noted that the “New Hampshire wrongful death statute, which permits distribution of the death benefits in accordance with the provisions of the decedent’s will, is the sounder rule of law because it fosters the intent of the decedent-testator.” 122 N.H. at 958 , 453 A.2d at 1252 . | 1 | 1986–1986 |
Saharceski v. Marcure
green
2 sentences1982Massachusetts law prohibits a suit against a co-employee, M.G.L.A. ch. 152, § 15 (West Supp. 1982), even when the injury occurs out of State, Saharceski v. Marcure, 373 Mass. 304 , 307 & n.3, 366 N.E.2d 1245 , 1246 & n.3 (1977), and has long applied this rule. 1982Massachusetts law prohibits a suit against a co-employee, M.G.L.A. ch. 152, § 15 (West Supp. 1982), even when the injury occurs out of State, Saharceski v. Marcure, 373 Mass. 304 , 307 & n.3, 366 N.E.2d 1245 , 1246 & n.3 (1977), and has long applied this rule. | 1 | 1982–1982 |
Heath v. Zellmer
green
2 sentences1971Clark v. Clark, 107 N.H. 351, 355 , 222 A.2d 205, 209 (1966); Heath v. Zellmer, 35 Wis. 2d 578 , 151 N.W.2d 664 (1967); Haines v. Mid-Century Ins. 1971The determination of which is the sounder rule of law between the conflicting laws of the jurisdictions concerned requires an ex - amination of the policies behind these rules and a decision as to which represents “ the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks. ” Heath v. Zellmer, supra at 598 , 151 N.W.2d at 673 ; Cipolla v. Shaposka, supra at 578 , 267 A.2d at 860 ; see 47 Texas L. | 1 | 1971–1971 |
CIPOLLA v. Shaposka
green
1 sentence1971The determination of which is the sounder rule of law between the conflicting laws of the jurisdictions concerned requires an ex - amination of the policies behind these rules and a decision as to which represents “ the sounder view of the law in light of the socio-economic facts of life at the time when the court speaks. ” Heath v. Zellmer, supra at 598 , 151 N.W.2d at 673 ; Cipolla v. Shaposka, supra at 578 , 267 A.2d at 860 ; see 47 Texas L. | 1 | 1971–1971 |
Stropes v. Board of Comm'rs
neutral
1 sentence1901The law does not encourage sheriffs or lawyers to multiply actions for their benefit; but, on the other hand, makes it their duty to allow parties to take their own course in bringing actions. “ There is neither a more wholesome nor a sounder rule of law than that which requires public officers to keep themselves in such a position as that nothing shall tempt them to swerve from the straight line of official duty.” Stropes v. Commissioners, 72 Ind. 42, 48 . “ A contract which tends to the injury of the public ser- vice is void, although the parties entered into it honestly and proceeded under | 1 | 1901–1901 |
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.