American rule (New Hampshire) · Go Syfert
← New Hampshire issues

American rule in New Hampshire

9 New Hampshire opinions name it 2 courts 1850–1999 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.

Followed or applied (8)

CaseFollowedCited
Silva v. Botschgreen
nh · 1981 · cited in 4 New Hampshire opinions naming this issue, 1985–1999
2 sentences

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

34
Harkeem v. Adamsgreen
nh · 1977 · cited in 2 New Hampshire opinions naming this issue, 1985–1993
2 sentences

1993Although we appreciate that the grounds for awarding fees are flexible, see Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977), we find no reason in this case to depart from the American rule that each party bear its own fees.

1993Although we appreciate that the grounds for awarding fees are flexible, see Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977), we find no reason in this case to depart from the American rule that each party bear its own fees.

22
Morse v. Fordgreen
nh · 1978 · cited in 2 New Hampshire opinions naming this issue, 1981–1985
2 sentences

1985Silva v. Botsch, 121 N.H. 1041, 1043 , 437 A.2d 313, 314 (1981); Pugliese v. Town of Northwood, 119 N.H. 743, 752 , 408 A.2d 113, 118 (1979); Morse v. Ford, 118 N.H. 280, 281 , 385 A.2d 229, 230 (1978); Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977).

1985Silva v. Botsch, 121 N.H. 1041, 1043 , 437 A.2d 313, 314 (1981); Pugliese v. Town of Northwood, 119 N.H. 743, 752 , 408 A.2d 113, 118 (1979); Morse v. Ford, 118 N.H. 280, 281 , 385 A.2d 229, 230 (1978); Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977).

22
Pugliese v. Town of Northwood Planning Boardgreen
nh · 1979 · cited in 2 New Hampshire opinions naming this issue, 1981–1985
2 sentences

1985Silva v. Botsch, 121 N.H. 1041, 1043 , 437 A.2d 313, 314 (1981); Pugliese v. Town of Northwood, 119 N.H. 743, 752 , 408 A.2d 113, 118 (1979); Morse v. Ford, 118 N.H. 280, 281 , 385 A.2d 229, 230 (1978); Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977).

1985Silva v. Botsch, 121 N.H. 1041, 1043 , 437 A.2d 313, 314 (1981); Pugliese v. Town of Northwood, 119 N.H. 743, 752 , 408 A.2d 113, 118 (1979); Morse v. Ford, 118 N.H. 280, 281 , 385 A.2d 229, 230 (1978); Harkeem v. Adams, 117 N.H. 687, 690 , 377 A.2d 617, 619 (1977).

22
Mills v. Electric Auto-Lite Co.green
scotus · 1970 · cited in 1 New Hampshire opinions naming this issue, 1999–1999
2 sentences

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

11
Leavitt v. Hamelingreen
nh · 1985 · cited in 1 New Hampshire opinions naming this issue, 1996–1996
2 sentences

1996See Leavitt v. Hamelin, 126 N.H. 670, 671 , 495 A.2d 1286, 1287 (1985).

1996See Leavitt v. Hamelin, 126 N.H. 670, 671 , 495 A.2d 1286, 1287 (1985).

11
Smith v. Town of Wolfeborogreen
nh · 1992 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
2 sentences

1993See Smith, 136 N.H. at 347 , 615 A.2d at 1258 .

1993See Smith, 136 N.H. at 347 , 615 A.2d at 1258 .

11
Ingaharro v. Blanchettegreen
nh · 1982 · cited in 1 New Hampshire opinions naming this issue, 1985–1985
2 sentences

1985Ingaharro v. Blanchette, 122 N.H. 54, 57 , 440 A.2d 445, 447 (1982).

1985Ingaharro v. Blanchette, 122 N.H. 54, 57 , 440 A.2d 445, 447 (1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Irwin Marine, Inc. v. Blizzard, Inc. green
nh · 1985
2 sentences

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

1999See Silva, 121 N.H. at 1043 , 437 A.2d at 314 ; Irwin Marine, 126 N.H. at 276 , 490 A.2d at 791 ; see also Mills v. Electric Auto-Lite, 396 U.S. 375, 393-94 (1970) (reimbursement permitted in cases where the litigation has conferred a substantial benefit on the members of an ascertainable class, and where the court’s jurisdiction over the subject matter of the suit makes possible an award that will operate to spread the costs proportionately among them).

11999–1999
Dugas v. Town of Conway green
nh · 1984
2 sentences

1992The owners cite Dugas v. Town of Conway, 125 N.H. 175 , 480 A.2d 71 (1984), for an exception to the American rule that may entitle a claimant to an award of fees: “[A] citizen should not be compelled to bear the financial burden of judicial intervention to secure his [or her] clearly defined and established property right from an unconstitutional abuse of power found to constitute a taking.” Id. at 183 , 480 A.2d at 76 .

1992The owners cite Dugas v. Town of Conway, 125 N.H. 175 , 480 A.2d 71 (1984), for an exception to the American rule that may entitle a claimant to an award of fees: “[A] citizen should not be compelled to bear the financial burden of judicial intervention to secure his [or her] clearly defined and established property right from an unconstitutional abuse of power found to constitute a taking.” Id. at 183 , 480 A.2d at 76 .

11992–1992
Warner v. Shed green
nysupct · 1813
2 sentences

1850In Warner v. Shed, 10 Johns. 138 , it is said, that where the court has jurisdiction of the subject-matter, it is sufficient to justify the officer executing the process; for the officer is not bound to examine into the validity of its proceedings, or the regularity of its process.

1850In Warner v. Shed, 10 Johns. 138 , it is said, that where the court has jurisdiction of the subject-matter, it is sufficient to justify the officer executing the process; for the officer is not bound to examine into the validity of its proceedings, or the regularity of its process.

11850–1850

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 677:15 (3)

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.

Where else courts name it

CA 271 (1858–2026) MI 189 (1863–2026) OH 141 (1869–2026) WA 129 (1891–2026) CT 126 (1895–2026) IL 99 (1851–2026) TN 83 (1887–2026) NY 72 (1885–2026) TX 69 (1888–2026) MO 66 (1877–2019) WY 60 (1916–2026) MD 58 (1906–2025) NJ 58 (1862–2025) AL 54 (1851–2016) NM 49 (1931–2025) MA 49 (1854–2026) VA 48 (1920–2026) CO 45 (1881–2026) DC 44 (1957–2024) PA 42 (1839–2026) WI 40 (1871–2016) IN 40 (1872–2024) FL 37 (1880–2024) AR 32 (1884–2026) AZ 30 (1874–2026) DE 29 (1899–2026) VT 28 (1877–2025) RI 27 (1918–2025) WV 25 (1890–2019) UT 25 (1881–2025) SD 23 (1892–2025) IA 22 (1871–2026) ID 21 (1897–2024) MS 21 (1875–2024) MT 21 (1888–2024) GA 20 (1897–2016) OK 20 (1931–2025) KY 19 (1846–2026) OR 19 (1953–2024) HI 15 (1914–2025) KS 14 (1900–2022) ME 14 (1980–2023) MN 13 (1890–2016) NC 13 (1892–2012) NE 11 (1888–2007) ND 10 (1917–2020) AK 10 (1977–2023) NV 9 (1918–2021) LA 9 (1853–2018) NH 9 (1850–1999) SC 3 (1881–2022)

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.

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