Scarborough v. R.T.P. Enterprises, Inc.

14 Citing cases

  1. Appeal of Rowan

    142 N.H. 67 (N.H. 1997)   Cited 18 times
    Stating that the word "may" is permissive and indicates discretion

    See RSA 491:19. The petitioner contends that this court's interpretation of RSA 491:19 in Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 422 A.2d 1304 (1980), compels a finding that the procedure outlined in the statute is mandatory. Scarborough involved an employment discrimination case before the New Hampshire Commission for Human Rights (commission). The defendant was summoned to the commission hearing by subpoena. Id. at 708, 422 A.2d at 1306.

  2. State v. Hynes

    159 N.H. 187 (N.H. 2009)   Cited 22 times
    Finding that defendant failed "to explain exactly how his threatened [Consumer Protection Act] claim fits within the statutory language conferring private-party standing upon only those โ€˜injured by another's use of any method, act or practice declared unlawful.โ€™ "

    (quotation omitted)). A review of Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 422 A.2d 1304 (1980), shows that it does not establish a โ€œsubstantial possibility,โ€ Restatement (Third) of the Law Governing Lawyers ยง 110 comment d at 172 (2000), that a tribunal would accept the contention that a claimant may bring an RSA chapter 354-A public accommodation action for damages without having suffered the slightest direct harm. Scarborough centered upon an employment dispute and the defendant-employer's challenged misconduct was directly applied to the plaintiff.

  3. N.H. Ball Bearings v. Jackson

    158 N.H. 421 (N.H. 2009)   Cited 19 times

    Blagbrough Family Realty Trust v. A & T Forest Prods., 155 N.H. 29, 40, 917 A.2d 1221 (2007). Although discovery rules are to be given a broad and liberal interpretation, the trial court has discretion to determine the limits of discovery. Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 711, 422 A.2d 1304 (1980). A party's request for information must appear relevant and โ€œreasonably calculated to lead to the discovery of admissible evidence.โ€

  4. State v. Abram

    156 N.H. 646 (N.H. 2008)   Cited 12 times
    Using count-by-count approach when previously concurrent sentences were made consecutive on resentencing and applying presumption of vindictiveness

    " 5 Am. Jur. 2d supra ยง 731. Indeed, it is necessary that "[p]roceedings in the trial court on remand . . . [are] in accordance with both the mandate of the appellate court and the result contemplated in the appellate opinion." Id.; see Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 709, 422 A.2d 1304 (1980); Frost v. Liberty Mut. Ins. Co., 813 S.W.2d 302, 304-05 (Mo. 1991) (en banc).For that reason, the issue presented is more properly framed as whether our opinion in Abram, read in toto, divested the trial court of authority to re-sentence the defendant on the affirmed charges.

  5. In the Matter of Giacomini Giacomini

    150 N.H. 498 (N.H. 2004)   Cited 9 times

    The contempt power is discretionary and the proper inquiry is not whether we would have found the respondent in contempt, but whether the trial court unsustainably exercised its discretion in refusing to do so. Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 711-12 (1980); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard). The record demonstrates that the trial court reviewed the parties' conduct since 1988 and the challenged conduct that resulted in the allegations of contempt, namely, the respondent's failure to pay all child support, before concluding that the respondent should not be held in contempt.

  6. Russell v. Armitage

    166 Vt. 392 (Vt. 1997)   Cited 27 times
    Holding that where party faces incarceration from civil contempt proceedings, there is constitutional right to appointment of counsel

    The goal of criminal contempt is simply to punish the defendant "to vindicate the `authority and dignity' of the trial court." Bonser v. Courtney, 481 A.2d 524, 531 (N.H. 1984) (quoting Scarborough v. R.T.P. Enters., 422 A.2d 1304, 1308 (N.H. 1980)). The prison sentence, accordingly, must be definite, Sage, 115 Vt. at 517, 66 A.2d at 14, and "no amount of repentance will remit it."

  7. Petition of Dunlap

    134 N.H. 533 (N.H. 1991)   Cited 11 times
    Analyzing state regulation, promulgated under earlier version of Law Against Discrimination, using language identical to that of 42 U.S.C. ยง 12102

    However, the experience of the federal courts in applying federal handicap discrimination law assists us in interpreting the similar proscription against handicap discrimination contained in our own law. See, e.g., Scarborough v. Arnold, 117 N.H. 803, 807, 379 A.2d 790, 793 (1977), aff'd after remand sub. nom., Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 422 A.2d 1304 (1980). The version of RSA 354-A:8, I, in effect at the time of the events leading to this appeal provided that it is an unlawful discriminatory practice:

  8. Town of Epping v. Harvey

    129 N.H. 688 (N.H. 1987)   Cited 6 times

    [7, 8] "The purpose of prosecution for criminal contempt is punitive, to vindicate the `authority and dignity' of the trial court." Bonser v. Courtney, 124 N.H. 796, 808, 481 A.2d 524, 531 (1984) (quoting Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 712, 422 A.2d 1304, 1308 (1980)). From the language of the master's report, it is apparent that the master was vindicating the authority of the court and not the rights of the parties: "The Superior Court does not sit as a `Moot Court' where parties may debate topics of academic interest. It also does not render advisory opinions which may be acted upon at the whim of the parties if they deem it appropriate.

  9. Bonser v. Courtney

    124 N.H. 796 (N.H. 1984)   Cited 15 times

    [8, 9] The purpose of prosecution for criminal contempt is punitive, to vindicate the "authority and dignity" of the trial court. Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 712, 422 A.2d 1304, 1308 (1980). The sentence is determinate, and "no amount of repentance will remit it."

  10. E. D. Swett, Inc. v. N.H. Comm. for Human Rights

    124 N.H. 404 (N.H. 1983)   Cited 10 times
    Declining to hold that a statute that enumerates only equitable remedies also authorizes compensatory damages

    [2, 3] We conclude that the scope of review envisioned under RSA 354-A:10 is analogous to that under RSA 541:13. See Scarborough v. R.T.P. Enterprises, Inc., 120 N.H. 707, 710, 422 A.2d 1304, 1307 (1980); Scarborough v. Arnold, 117 N.H. 803, 809, 379 A.2d 790, 794 (1977). Based on the record before us, we hold that the superior court applied the correct standard of review in this case.