12 New Hampshire opinions name it 1 courts 1983–2015 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 |
|---|---|---|
Desclos v. Southern New Hampshire Medical Centergreen2 sentences2011Indeed, in the civil context, "[t]here is broad agreement ... that the holder of a psychotherapist-patient privilege will impliedly waive the privilege by bringing a cause of action that requires use of the privileged material to prove the elements of the case." Desclos, 153 N.H. at 613 , 903 A.2d 952 (emphasis added). *818 The defendant urges us to "recognize that a similar implied waiver of [the] physician/psychotherapist-patient privilege applies in the criminal context, just as [we] ha[ve] recognized the implied waiver of the attorney-client privilege when a defendant claims ineffective as 2011Indeed, in the civil context, "[t]here is broad agreement ... that the holder of a psychotherapist-patient privilege will impliedly waive the privilege by bringing a cause of action that requires use of the privileged material to prove the elements of the case." Desclos, 153 N.H. at 613 , 903 A.2d 952 (emphasis added). *818 The defendant urges us to "recognize that a similar implied waiver of [the] physician/psychotherapist-patient privilege applies in the criminal context, just as [we] ha[ve] recognized the implied waiver of the attorney-client privilege when a defendant claims ineffective as | 2 | 2 |
Petition of Deangreen2 sentences2011See id. at 612-15 , 903 A.2d 952 (medical negligence case); Petition of Dean, 142 N.H. 889, 890-91 , 711 A.2d 257 (1998) (ineffective assistance of counsel case). 2011See id. at 612-15 , 903 A.2d 952 (medical negligence case); Petition of Dean, 142 N.H. 889, 890-91 , 711 A.2d 257 (1998) (ineffective assistance of counsel case). | 1 | 3 |
Gianola v. Continental Casualty Co.green2 sentences2015“Thus, an implied waiver must be predicated upon acts or conduct of the insurer, after knowledge of a breach, tending to show a recognition of the validity of the policy, and an intent to relinquish the right to avoid it for the known breach.” Id. (quotation, ellipsis, and emphasis omitted). 2015See id. | 1 | 1 |
Rose v. Clarkgreen2 sentences2009Clark, 478 U.S. at 574 , 106 S.ct. 3101 (quotation omitted). 2009Clark, 478 U.S. at 574 (quotation omitted). | 1 | 1 |
Nelson v. Lewisgreen1 sentence2006Nelson v. Lewis, 130 N.H. 106, 110 (1987); Dean, 142 N.H. at 890-91 . “[Implied] waiver is only partial. | 1 | 1 |
A. W. Therrien Co. v. Maryland Casualty Co.green1 sentence2003Thus, an implied waiver must be predicated upon “acts or conduct of the insurer, after knowledge of a breach,... tending to show a recognition of the validity of the policy, and an intent to relinquish the right to avoid it for the known breach.” Therrien, 97 N.H. at 183 (quotation omitted; emphasis added). | 1 | 1 |
Richard L. Conkling, Cross-Appellee. v. Bert S. Turner, Nichols Construction Corp., David R. Carpenter, Cross-Appellantsgreen1 sentence1995Id. at 581 ; accord Mountain States Tel. & Tel., 780 P.2d at 543-44 ; Conkling v. Turner, 883 F.2d 431, 434 (5th Cir. 1989). | 1 | 1 |
Mountain States Telephone & Telegraph Co. v. DiFedegreen1 sentence1995Id. at 581 ; accord Mountain States Tel. & Tel., 780 P.2d at 543-44 ; Conkling v. Turner, 883 F.2d 431, 434 (5th Cir. 1989). | 1 | 1 |
Bow v. Plummergreen2 sentences1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur 1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1 |
Wooster v. Plymouthgreen1 sentence1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1 |
Sousa v. Stategreen2 sentences1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur 1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1 |
Logic Associates, Inc. v. Time Share Corp.green2 sentences1985See Logic Associates, Inc. v. Time Share Corp., 124 N.H. 565, 571 , 474 A.2d 1006, 1010 (1984) (waiver may be inferred from a course of conduct). 1985See Logic Associates, Inc. v. Time Share Corp., 124 N.H. 565, 571 , 474 A.2d 1006, 1010 (1984) (waiver may be inferred from a course of conduct). | 1 | 1 |
State v. Butlergreen2 sentences1983This case, however, illustrates the danger of relying on an implied waiver, as we warned in State v. Butler, 117 N.H. 888, 891 , 379 A.2d 827, 829 (1977). 1983This case, however, illustrates the danger of relying on an implied waiver, as we warned in State v. Butler, 117 N.H. 888, 891 , 379 A.2d 827, 829 (1977). | 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 |
|---|---|---|
North Country Environmental Services, Inc. v. Town of Bethlehem
green
1 sentence2015Id. | 1 | 2015–2015 |
Renovest Co. v. Hodges Development Corp.
green
1 sentence2001“Whether an implied waiver occurred is a question of fact, and we will not overturn the trial judge’s determination that . . . waiver occurred, unless such a finding is clearly erroneous.” Id. | 1 | 2001–2001 |
Hearn v. Rhay
green
1 sentence1995Id. at 581 ; accord Mountain States Tel. & Tel., 780 P.2d at 543-44 ; Conkling v. Turner, 883 F.2d 431, 434 (5th Cir. 1989). | 1 | 1995–1995 |
Kleban v. Morris
green
2 sentences1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur 1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1991–1991 |
39th-40th Corp. v. Port of New York Authority
green
1 sentence1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1991–1991 |
Jackson County v. McGlasson
neutral
1 sentence1991Although the plaintiff has presented us with authority from several jurisdictions finding an implied waiver when a State’s agent filed only a general appearance or failed to raise sovereign immunity in a timely fashion, see, e.g., Kleban v. Morris, 363 Mo. 7 , 247 S.W.2d 832 (1952); 39th-40th Corporation v. Port of New York Author., 65 N.Y.S.2d 712 (1946); Jackson County v. McGlasson, 167 Tenn. (3 Beeler) 311, 69 S.W.2d 887 (1934), the offered precedents do not persuade us that New Hampshire courts may hear an action where the State Legislature has not vested the courts with subject matter jur | 1 | 1991–1991 |
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.