Lubin & Meyer Records Four Big Jury Verdicts in First Half of 2018

Boston, Massachusetts based medical malpractice law firm Lubin & Meyer PC has achieved four multi-million dollar jury verdicts in the first half of 2018. This includes a rare gross neg­ligence verdict. Full trial reports are not yet available on all verdicts, however, the following links contain more information about these four trials.

• $3.2 Million Verdict for family of MGH patient for doctor's failure to inform patient of all treatment options following abnormal biopsy result.
• $6.8M Judgment for Kidney Cancer Diagnosis Delay - A wrongful death lawsuit against doctor affiliated with Lowell General Hospital
• Jury Awards $6 Million for Woman's Death after Surgery for Hernia - A wom­an died following hernia surgery at Winchester Hospital
• $1.6M Verdict for Medical Mistake at Dana Farber - Jury decides in favor of patient suffering 3 years of renal failure and dialysis resulting from Dana Farber medication error.

Lubin & Meyer attorneys also represent clients in New Hampshire and Rhode Island.

Best Lawyers® Names Donald Pfundstein 'Lawyer of the Year' for Government Relations, Concord, NH

New Hampshire law firm Gallagher, Callahan & Gartrell has announced that Donald J. Pfundstein has been named as Concord's 2018 "Lawyer of the Year" for Government Relations Practice by Best Lawyers®.

Attorney Pfundstein focuses his practice on the regulated industries, and frequently appears before executive agencies including the NH Insurance Department and NH Public Utilities Commission. He also has extensive experience representing clients before the Energy Facility Site Evaluation Committee and the New Hampshire Legislature.

He has been selected for inclusion by Best Lawyers since 2005 and is currently recognized in the following practice groups in the 2018 edition:

• Administrative / Regulatory Law
• Banking and Finance Law
• Energy Law
• Financial Services Regulation Law
• Government Relations Practice
• Insurance Law.

Gallagher, Callahan & Gartrell, PC, is a leading business and litigation law firm with a lobbying presence in Concord, New Hampshire.

NH Subdivision for Sale: 15 Building Lots in Wolfeboro, New Hampshire

Collden Farm is a Phase II residential single-family clustered subdivision in Wolfeboro, NH for sale. The fully approved subdivision is located near the Ossippee / Wolfeboro line and is 15 minutes from downtown Wolfeboro. Consisting of 15 approved lots, it is being offered in its entirety to a developer/builder.

According to the informational website www.nh-buildinglots.com:

"The first phase was made up of 18 lots (two were merged into one) averaging about .75 acre each. At present there are 14 homes. The new phase has 15 lots, which average 1.5 acres.  There is one premier lot (#5) which is 3.5 acres and located on top of a knoll with 360 degree views. All lots are designed for single wells and septic and “perc” tests have been performed. Septic design would be the responsibility of the builder."

For information including permits and plans, visit the Collden Farm Phase II website at nh-buildinglots.com.

For pricing information, contact the owner’s agent: David B. Campbell at 603-883-1100.

FOR SALE: 15-lot approved subdivision

 

New NH Condo Laws in Effect as of August 1, 2016

NH real estate attorney Erik Newman has published an update on New Hampshire laws affecting condominium unit owners' associations that may require amending condo bylaws to incorporate the new requirements.

In NH Condo Law: Enhanced Governance Requirements Take Effect for Condominium Associations, Newman outlines significant changes to the way condominium owners' associations (COA's) elect officers and directors, conduct meetings and adopt budgets under the New Hampshire Condominium Act, RSA 356-B, became effective on August 1, 2016 and can be reviewed on the New Hampshire General Court’s website at: Chapter 311 HB 353 - Final Version.

The new law states that in the event of a conflict with an association’s existing declaration and bylaws, the provisions of the Condominium Act shall control, suggesting that bylaw amendment may not be necessary. However, several of the changes impose new content requirements for bylaws, which, if not already present in your bylaws, would necessitate amendment to comply.

Read the full article here.

Opportunity for NH Builder / Developer - Wolfeboro, NH

New Hampshire's New Banking Laws Explained

In July Governor Maggie Hassan signed into law a bill modernizing and simplifying New Hampshire’s Banking Laws. The new laws go fully into effect on October 1, 2105, although some went into effect in July.

NH banking attorney John Funk said, "The existing laws had become outdated and cumbersome and interfered with the ability of banks and credit unions to serve their customers’ needs." Funk served on the working group that developed the new laws, representing banks.

According to Funk, nearly 25 separate chapters, some of which were over 100 years old, were reduced to 5 separate chapters. These chapters are distinguished from each other by the type of bank or credit union they regulate.

• RSA Chapter 383-A establishes a set of requirements that apply to all banks and credit unions.
• RSA Chapter 383-B governs NH depository banks, both mutual and stock, and the holding companies that own them.
• RSA Chapter 383-C governs NH trust companies which are classified as banks, but are not authorized to accept deposits.
• RSA Chapter 383-D governs a sub-set of trust companies known as NH family trust companies. These are private companies that serve the needs of the members of one family. The family members are defined by their relationship to a designated person.
• RSA Chapter 383-E governs credit unions which are owned and operated by their members. They are different from banks, sharing some powers, but limited in others.

Attorney Funk has authored a series of articles that explain the new laws point by point as well as an overview of the new laws.

New Hampshire Overhauls Banking and Credit Union Laws - An overview with links to a first look at:

• NH's New Depository Banking Laws
• NH's New Trust Company Laws 
• NH's New Family Trust Company Laws

Primary Bank: NH Welcomes First New Bank in Seven Years

CONCORD, NH — Gallagher, Callahan & Gartrell, P.C. congratulates Primary Bank and its Organizers for forming a new bank, raising over $25 million in capital, and opening its doors for business. The Bedford, NH-based bank is the first to be created in New Hampshire in seven years, and is poised to serve the state's small businesses and consumers. 

Banking attorneys W. John Funk, Dodd Griffith and Susan Hollinger advised Primary Bank in this transaction and have extensive experience in advising financial institutions and other businesses on raising capital and complying with federal and state securities laws and all aspects of state and federal financial institution regulation.

NH Banking Commissioner Glenn Perlow signed the Certification to Transact Business on July 28, 2015, the final authorization to allow the New Hampshire state-chartered Primary Bank to begin business. Primary Bank is only the second bank chartered in the United States since 2010.

NH Insurance Department Issues Updated List of Health Care Provider Networks

2015 Marketplace Will Offer Five Insurers and More Plans

Concord, NH – The New Hampshire Insurance Department has updated its listing of health care provider networks that will be available through 2015 insurance plans sold on the federally facilitated New Hampshire Health Insurance Marketplace. This is a welcome upgrade from last year, when NH had the distinction of having the fewest insurers in the federal marketplace.

Five insurance companies will offer 2015 plans to New Hampshire residents through the Marketplace in New Hampshire:

• Anthem Blue Cross and Blue Shield; 
• Assurant Health (Time); 
• Harvard Pilgrim Health Care; 
• Maine Community Health Options; and 
• Minuteman Health.

 “New Hampshire residents will have a variety of networks and plan designs to choose from when they visit HealthCare.gov beginning November 15,” said New Hampshire Insurance Commissioner Roger Sevigny.

The network information is available on the Insurance Department website at this link.

People who wish to determine whether a particular doctor is included in any health care provider network should visit the insurance company’s website to view a more detailed list. New Hampshire residents are encouraged to contact the Insurance Department’s Consumer Services division at (603) 271-2261 with any questions.

Concord Law Firm Announces "Best Law Firms" Rankings in 7 Areas

Concord, NH law firm Gallagher, Callahan & Gartrell, PC announces metropolitan first-tier rankings by U.S. News & World Report – Best Lawyers® in the 2015 edition of “Best Law Firms.”

The firm received first-tier rankings in seven practice areas for Concord, NH:

• Administrative / Regulatory Law 
• Land Use and Zoning Law 
• Litigation – Construction 
• Litigation – Land Use & Zoning
• Mediation 
• Personal Injury Litigation for Defendants 
• Real Estate

Law Firms included in the 2015 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. The ranking reflects a high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity. The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer review from leading attorneys in their field, and information provided by law firms as part of the formal submission process.

Isles of Shoals 1614 Monument Marks 400 Years Since Captain John Smith Expedition

To commemorate Captain John Smith’s historic 1614 expedition and 400th anniversary of the first mapping of the Isles of Shoals, the N.H. Department of Resources and Economic Development will erect a granite obelisk and granite benches on Ragged Neck at Rye Harbor State Park, Rye, NH. The Isle of Shoals 1614 Monument, with a view out to the Isles of Shoals, will be dedicated on Thursday, August 14, 2014. This new historic monument honors the former obelisk dedicated to Captain Smith, which was erected on Star Island in 1864 to commemorate the 250th anniversary Smith’s journey.

Historic Significance: Predates Plymouth Rock

In 1614, Captain John Smith explored and mapped the local coastline from Penobscot Bay to Cape Cod. He was the first European to map the Isles of Shoals, which he named “Smith’s Isles.” While that name did not endure, with the consent of King James I, Smith named this region “New England.” John Smith’s map and 1616 best-selling book “A Description of New England” detailed the region’s teeming fishing banks, abundant game, clean rivers, heavily forested land and native people. The book was a major inspiration in the subsequent flood of English migration to these shores. It was this map that guided the Pilgrims to “Plimouth” in 1620 and led John Winthrop to “The River Charles” in 1630.

See website at www.1614monument.com.

Vermont's Primmer Opens NH Office with Former Wiggin & Nourie Attorneys

Burlington, Vermont law firm Primmer is expanding into Manchester, New Hampshire. It's 900 Elm Street office will be the home base for 19 Primmer employees, including 11 attorneys — four new shareholders, Gary Burt, Tom Pappas, Jonathan Ross and Doreen Connor, formerly of Wiggin & Nourie, will be based in Manchester.

Primmer is a commercial law firm serving clients throughout Northern New England. The firm’s key practice areas include: commercial litigation, insurance defense, corporate, health care, energy & telecommunications, employment, banking and financial services, bankruptcy, business entity/ commercial, commercial real estate, government relations, domestic relations, captive insurance, environmental and land use, estate planning & probate, taxation and mediation & arbitration.

Primmer was founded in St. Johnsbury, Vermont in 1982 under the name Primmer & Piper. The firm merged in 2006 with the Burlington-based firm of Eggleston & Cramer, which was founded in 1983. In 2010, the firm joined forces with the litigation firm of Aten, Clayton & Eaton, located in Littleton, New Hampshire. Currently, Primmer has 41 attorneys and 11 non-lawyer legal professionals. The firm now has offices in Burlington, Montpelier and St. Johnsbury, Vermont and in Littleton and Manchester, New Hampshire.

NH Shoreland Protection Act Gets New Name and Some Needed Clarity

NH land use attorney Ari Pollack has written an article on the changes to NH Shoreland Protection Law that took effect June 30, 2011. He reports that overall the new laws seem to be more landowner friendly as they relax some requirements for property development along New Hampshire lakes, rivers and coastline, and clarify others. In addition, he reports that the permit application process has become more applicant-friendly, providing the potential for faster approvals.

To read the full list of updates to the new law, now called the NH Shoreland Water Quality Protection Act, please see his article here: Shoreland Protection Receives An Extreme Makeover – Take Two!

Employment Mediation Best Practices

Attorney Charles Bauer shares his vast experience as one of NH's best mediators (he is listed in Best Lawyers® for mediation and arbitration) in an article on Employment Mediation Best Practices. In it he briefly discusses the choice between litigation and mediation for employment disputes, followed by considerations for choosing a mediator, then he outlines a host of employment litigation best practices that is welcome reading for any mediator, student of mediation or employer seeking mediation of an employment dispute. Charlie practices in Concord, NH — learn more about his practice and view more of his mediation related articles here.

Law Firm Lubin & Meyer Continues to Dominate Med Mal Field

BOSTON — Each January, MassachusettsLawyer’s Weekly compiles the largest reported verdicts and settlements of the previous year of $1 million dollars or more. And each year, one firm stands apart — Lubin & Meyer PC. The Boston-based personal injury and medical malpractice law firm (with attorneys licensed in Massachusetts, New Hampshire and Rhode Island), dominates the list year after year.

In 2010, Lubin & Meyer attorneys accounted for 20 of the largest settlements of $1 million as listed in Massachusetts Lawyers Weekly — that’s nearly 1/3 of those on  the list.

This includes the largest medical malpractice settlement of the year,  which was $6 million for a lawsuit involving a newborn who received an overdose of ant-seizure drug. The firm also had one of the year’s largest jury verdicts recovering $1.37 million for a patient whose doctor’s misdiagnosed a bowel obstruction as cancer.

NH Condo Law Changes May Affect Homeowners Associations

A report is expected this month from a legislative study committee regarding changes to the laws regulating condominiums, subdivisions and homeowner associations (“HOA’s”). These developments reflect regulators’ and legislators’ enhanced attention to consumer protection and reverse a recently abandoned proposal to discontinue the N.H. Department of Justice registration requirement for certain New Hampshire condominium and subdivisions developments in favor a disclosure model. See this article on NH condo laws by real estate attorney Erik Newman for more details.

Boston Medical Malpractice Firm Targets NH

Lubin & Meyer, well known as "Boston's Best" medical malpractice law firm, has long provided counsel to victims of medical negligence and catastrophic personal injuries throughout the states of Massachusetts, New Hampshire and Rhode Island. But not everyone knows that. So the firm is looking to raise awareness of its services to residents of NH with the launch of a new web site focused on specifically on New Hampshire medical malpractice law and to correct the perception that they are a Massachusetts only law firm.

In fact, Lubin & Meyer attorneys have been exercising their medical malpractice litigation muscles in NH resulting in many of the granite state's most significant verdicts and settlements. These include a verdict in Merrimack County for $1,950,000.00 w/interest for inadequate monitoring during surgery resulting in a NH man's loss of vision and blindness and a Strafford County settlement for $2,250,000.00 for improper resuscitation at birth resulting in baby's brain injury. Check it out at:  medical malpractice NH. See the site at: www.lubinandmeyernh.com.

Amendment Would Impose NH Estate Tax

May 7, 2010 — Concord, NH — NH Trusts and Estate Attorney Jan Myskowksi writes on his law firm's web site that a late-filed amendment to NH Senate Bill 450-FN would impose a New Hampshire estate tax of 8 percent on the portion of the decedent's taxable estate that exceeds $2 million. The amendment was approved by the House Ways and Means Committee last week, and by the House Finance Committee on Tuesday of this week, and now needs approval by the Senate and the Governor. For more on this amendment see the article at: NH Estate Tax.

Also, for background see this article: The Estate Tax Is Dead; Long Live the Estate Tax.

NH Supreme Court Finds Negligence Is Jury's To Decide in Med-Mal Trial

CONCORD, NH — Via NH Medical Malpractice News: The New Hampshire Supreme Court overturned the trial court's decision in a medical malpractice lawsuit, Beckles v. Madden, agreeing with attorneys for the plaintiff in finding that the burden of proof for causation, an element of negligence, should be left for the jury to decide. Attorney Benjamin Novotny, of  Lubin & Meyer PC, presented the oral argument before the court. The opinion cites New Hampshire law governing a negligence action based upon a claim of medical malpractice — RSA chapter 507-E (1997 & Supp. 2009) and RSA 507-E:2. The full opinion is available here.

Non Depository Trust Company Formation in NH

What is the best state in which to organize a non deposit trust company? According to NH banking attorney John Funk in a nice introductory article on nondepository trust companies, the answer is New Hampshire. In the article, Funk provides a primer on organizing and operating a non depository, or fiduciary-services-only, trust company, calling New Hampshire "the best state in the country to organize a nondepository trust company" due to its unique and sophisticated regulatory environment.

He writes...

"Over the years, New Hampshire has streamlined the application and regulatory process and has amended its laws governing trusts so that they are among the most sophisticated in the country. Many companies have taken advantage of the state’s experienced regulatory environment. Recently, as federal regulators have tightened client protections under securities laws governing investment advisors, a number of firms have formed nondepository trust companies in New Hampshire to serve as qualified custodians to complement their advisory functions."

To read the full article, click on: Nondepository Trust Company.

UPDATE: March 11 = Attorney Funk has written a companion article, on New Hampshire Family Trust Companies, about a subset type of private trust company known as a family fiduciary services company, which offers "ultra-wealthy families an opportunity to have their own trust companies to manage their wealth over generations. And better yet, information relating to these companies is confidential so that their finances are not open to public view." The author describes a bill, Senate Bill 421, pending in the N.H. Legislature to make family fiduciary services companies even more attractive by creating "a separate chapter of the statutes to govern their formation and operation and re-name them family trust companies."

New Hampshire Trusts and Estates Update 2009 - News

NH Estate Lawyer Jan Myskowski provides an update of Trusts and Estates Law for New Hampshire on his firm's web site. Dated November 19, 2009, his update includes these 3 articles. Click on the title to read the full piece.

• Deadline Extended to Rollover Unwanted 2009 RMDs
• The Estate Tax Benefits of Roth Conversion
• Anticipated Trap in New Hampshire’s Long-Term Care Partnership

Myskowski is the lead trust and estate attorney at Concord, NH law firm Gallagher, Callahan & Gartrell.

Buying Distressed Properties in New Hamsphire — NH Foreclosures

Real estate attorney Erik Newman writes:

"Opportunities for purchasing distressed and unfinished developments at deep discounts are abundant, but so are the associated risks."

In his article, What To Watch For When Buying Distressed Developments in New Hampshire, he presents that awareness of the risks combined with rigorous due diligence can minimize some of the otherwise unforeseen expenses and liabilities. The information yielded through this research can also be used to negotiate a lower purchase price. The article will help you to be an informed purchaser, and be less likely to be rejected for making a low ball offer, thereby helping create the best chance for capitalizing on a distressed development acquisition. Read it here.