General Litigation

General Litigation | Real Estate
Common Mistakes in Evictions
ByParnell, Michels & McKay Law Offices May 24, 2022May 27, 2026
If you are a landlord and have a tenant you are being forced to evict, there are a lot of ways to make mistakes that can lead to the tenant staying longer than you want. Having an attorney that understands the law and can prepare you can avoid many of these mistakes. In failure to pay rent cases, one of the most common mistakes is including more than just rent on the Demand for Rent. Sometimes, landlords add late fees, interest or penalties to the rental amount. Doing this can be fatal to your eviction case, as only rent should be included on a demand for rent. Moreover, accounting the correct rent is just as important. If your demand for rent is more than what…
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General Litigation | Personal Injury Law
Auto Insurance Medical Payments Coverage: Why Should My Insurance Pay for My Injuries that Weren’t My Fault
ByParnell, Michels & McKay Law Offices April 18, 2022May 27, 2026
New Hampshire has a form of auto insurance that is present in all policies in the State called “medical payment coverage”. This is a no-fault coverage that is non-subrogable. This means that it doesn’t matter whose fault the car accident was, as the insurer is required to pay medical payment coverage regardless of fault. So, why use it when the accident was not your fault? Most importantly, because “non-subrogable” means you don’t have to pay back any benefit paid under medical payment coverage. This is important, because all health insurance policies (whether through the government, your work, or a private policy) require they be reimbursed if you recover money from your injury case. Thus, using the medial payment coverage to maximize your own recovery is…
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General Litigation
Red Flags in the Pink Slip: Steps you can take if you suspect you were wrongfully terminated
ByJulia Hawthorn March 9, 2022May 27, 2026
It can happen to anyone. You have been a good employee for years, with only positive performance reviews, your supervisor likes you and praises your work, you’re a model employee. But then, out of the blue, HR calls you in to give you a termination letter. What should you be on the lookout for? First, read the termination letter carefully. Look for what their stated reason for termination is. In New Hampshire, most workers are considered “at will”, meaning they don’t have an employment contract. At will employees can be terminated for any reason, or no reason, so long as the reason is not illegal. It is a discriminatory, illegal practice for an employer to terminate an employee based on their: age, sex, gender identity,…
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General Litigation | Personal Injury Law
Massachusetts v. New Hampshire: Key Insurance Law Differences
ByParnell, Michels & McKay Law Offices December 22, 2018May 27, 2026
New Hampshire and Massachusetts share similar histories, but over time their laws have become different. One in particular is the Massachusetts’ consumer protection act (M.G.L 93A) and its sister law M.G.L 176D which regulates the practice of insurance in the state. The big key difference is that the Massachusetts’ consumer protection statute applies to insurance companies conducting business in the Commonwealth, while New Hampshire’s supreme court decided that New Hampshire’s consumer protection statute (RSA 358-A) does not apply to insurance companies. This was a frustrating Court decision that has had significant ramifications on people of New Hampshire being injured by unreasonable and unsupportable insurance practices. In Massachusetts, M.G.L 93A provides that if an insurance company violates M.G.L 176D, then the injured party (the Plaintiff in…
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General Litigation | General News
Social Media and Litigation: Why You Need To Be Wary of Posting Online?
ByParnell, Michels & McKay Law Offices December 1, 2018May 27, 2026
It is common for most of our society to be on social media. At this point, even most of our grandparents have a Facebook page. While this is a great way to connect to people online, it also presents potential problems for those of us engaged in potential or ongoing litigation. As many people like to say, beware of what you post on social media! This is good general advice, but also good legal advice. Social media requests have become commonplace in litigation discovery requests, and courts are not as reluctant to order that information released.The most common requests are for Facebook posts. While most Courts will not allow complete access to a Facebook page of a party, they will look into specific posts related…
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General Litigation | General News
Why I Check the Box to Donate to Pro Bono
ByParnell, Michels & McKay Law Offices July 15, 2018May 27, 2026
This past year I have begun a new adventure as something I never thought I would be: a father. As I listen to my now one-year-old daughter stumble through words like “What’s that!?” and “Mama” and “Dada”, I think a lot about her future and my own. I feel responsible for who she becomes and worry constantly about her. I certainly worry too much, but I care a lot about the world she grows up in, and the lessons I teach her as she grows. It’s important to me that my child is someone who helps others. I was raised that way by my parents, and I pray I can do the same for her. As one of my favorite quotes from Abraham Lincoln (and…
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General Litigation
The NH Constitution Versus Federal Immigration Law: A Case Study In Woodstock, NH
By May 1, 2018May 27, 2026
As some of you may remember, a border patrol checkpoint in Woodstock, NH resulted in multiple drug arrests of various individuals with small amounts of marijuana. Some of the Defendants challenged these arrests on constitutional law grounds. In a lengthy order, Judge Thomas Rappa of the New Hampshire Circuit Court has politely, but strongly reaffirmed, that where New Hampshire provides greater protections then do federal procedures, the New Hampshire procedures must be adhered to in any search and if they are not, there will be consequences to the prosecution. At issue were a series of arrests at a motor vehicle border patrol stop in the Town of Woodstock on Route 93 in August of 2017. United States Customs and Border Patrol agents were working the…
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General Litigation | General News
Cathy McKay and the Woman to Woman Project
ByParnell, Michels & McKay Law Offices January 6, 2017May 27, 2026
In the modern legalized world, sometimes people simply need help, advice, or education. However, many people often lack the basic means to receive such guidance. Through their kind deeds, volunteers help these people by devoting their time and providing their knowledge and expertise to those that desperately need it. Cathy McKay is one such volunteer. Apart from the countless other activities, boards, and volunteer work she participates in, Cathy is a member of the New Hampshire Woman’s Bar Association (NHWBA). The NHWBA, in conjunction with the New Hampshire Department of Corrections, developed and runs the Woman to Woman Project. The Project is focused on extending the NHWBA’s goal of “[promoting] the advancement and interests of women in the legal community through leadership, professional interaction, education,…
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General Litigation | Real Estate
Buyer Beware! (Of Ghosts?)
ByParnell, Michels & McKay Law Offices October 6, 2016May 27, 2026
The crunching of leaves, cold nights preceding comfortably cool days, October is the epitome of fall. Halloween is one of the most beloved holidays in this country, surely netting millions for the Nestlé Company and your local dentists. Halloween is known for emphasizing (and celebrating) the things that scare us. However, many places in this country attempt to make money all year-round in an attempt to monetize the bizarre, unknown, and frightening. What people often do not think about is the legal impact of such actions. In Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), a New York Court was forced to decide that “as a matter of law, [a] house [was] haunted.” Yes, in a 1991 case riddled with ghostly-puns, a Court…
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General Litigation | General News
En Banc? Not for Tom Brady, as the Second Circuit Deals Another Blow to Brady’s Appeal
ByParnell, Michels & McKay Law Offices July 6, 2016May 27, 2026
On July 14, 2016, the U.S. Court of Appeals for the Second Circuit denied Tom Brady’s petition for a rehearing en banc. Originally, two of three judges at the Second Circuit reinstated Brady’s four-game suspension. Brady was seeking a rehearing on the matter. This decision marks a victory for what might one of the final legal milestones for Deflategate. The decision by the Second Circuit is not surprising. The Federal Court of Appeals rarely grants rehearings save for particularly far-reaching and serious cases that implicate Constitutional rights. Over the past year, New Englanders became extremely knowledgeable in the ideal gas law, the NFL’s Collective Bargain Agreement (“CBA”), and the role of a Commissioner in pro sports. While the Deflategate controversy is a personal subject for…
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