Justia Professional Malpractice & Ethics Opinion Summaries

Plaintiff Lorraine Tessier appealed a superior court order that granted Defendants' Regina Rockefeller and Nixon Peabody, LLP's motion to dismiss. The plaintiff is the wife of Thomas Tessier, an attorney who practiced at the law firm of Christy & Tessier in Manchester. Dr. Frederick Jakobiec hired Attorney Tessier to handle certain estate matters on his behalf. Attorney Rockefeller, an attorney employed by Nixon Peabody, and acting on behalf of Dr. Jakobiec, accused Attorney Tessier of misusing and converting substantial assets of the Jakobiec family to his own use. Plaintiff alleged that Attorney Rockefeller met with Attorney Tessier on numerous occasions and threatened him demanding an immediate return of the misappropriated assets. Attorney Rockefeller stated to Attorney Tessier that if he repaid the money no further action would be taken against him. Plaintiff alleged that over the next two years, Defendants "stripped" her and her husband of their individual and joint interests in all of their tangible assets. And despite a settlement agreement, and without notice to her or her husband, Defendants reported Attorney Tessier’s actions the attorney discipline office, and others. In addition, Dr. Jakobiec hired an attorney to bring suit against Attorney Tessier and to foreclose on the mortgage that was the subject of the settlement agreement. Plaintiff alleges that she suffered severe emotional and physical distress requiring hospitalization. Upon review, the Supreme Court reversed part of the trial court's decision, and affirmed part. The Court found there was sufficient facts pled to support multiple causes of action Plaintiff brought in her original lawsuit. The Court found that the trial court was correct in dismissing Plaintiff's allegations of abuse of process and intentional infliction of emotional distress. The Court remanded the case for further proceedings. View "Tessier v. Rockefeller" on Justia Law

Petitioner Harold French appealed a decision of the New Hampshire Board of Auctioneers (Board) that sanctioned him for submitting a fictitious bid at an auction. In 2009, Petitioner attended an auction run by another auctioneer and registered as a bidder under his own name. Of the items for sale, Petitioner asked the auctioneer about a particular painting that had a set reserve price of $10,000. When the bid reached $9,000, Petitioner bid $9,500. He later testified before the Board that he did not intend to purchase the painting, but sought to protect the reserve and ensure the painting was sold. No one else bid on the painting. The owner believed he had waived the reserve when he had gestured to the auctioneer following Petitioner’s bid. The owner subsequently requested payment for the painting from Petitioner. However, the auctioneer told the owner that the painting did not sell because the reserve was not met. The owner filed a complaint with the Board, and the Board subsequently issued its sanction against Petitioner. Upon review, the Supreme Court found that the evidence presented against Petitioner supported the Board’s findings and sanction. The Court affirmed the Board’s decision.