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Clients hire us to get the job done. We provide the highest quality legal representation, responsive to your needs, at a fair price. We respect you and your concerns and honor the confidentiality of every matter we handle for you. We know you want to deal with experienced lawyers who understand your problem, keep you informed, return your telephone calls, provide practical advice, and get results. At the same time, we look for alternative strategies and creative, workable solutions.
The
following recent cases, legislation, success stories, and testimonials
from clients, by practice group, document our reputation for
results.
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| Appellate
Sulloway
lawyers consistently achieve notable results. To
get a sense of the wide range of our appellate
experience, please review the list of links below.
They allow you to review a selection of New Hampshire
Supreme Court
matters,
which were successfully resolved by our attorneys
for our clients.
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| Business
“I want to thank your firm for the outstanding representation we have received over the years. You have managed to keep consistent quality attorneys representing Mallards Landing Association. I find myself telling the membership that we are represented by a real “class act” and that the attorneys at Sulloway & Hollis are at the top of their field. Your diversity and areas of expertise are also a welcomed feeling. We feel very secure that whatever comes up we will be well represented. I look forward to a long business relationship.”
Kevin Parziale,
President
Mallards Landing Association
“Thanks
to Sulloway & Hollis
attorneys and their tireless efforts and patience
on our behalf, we successfully
transitioned from GSAN, to the newly incorporated
NH Center for Nonprofits, and its for-profit subsidiary,
NHCN Insurance Services, LLC.”
Linda
M. Quinn,
Executive Director
New Hampshire Center for Nonprofits
“Sulloway & Hollis
has represented the New Hampshire Higher Education Assistance Foundation
and Granite Statement Management & Resources since the creation
of the Foundation in 1965, in all aspects of our
legal work, from general corporate, employment
law, tax exempt financing, acquisition
of real estate, litigation and regulatory appeals.
We have literally grown up with the lawyers there
and depend very heavily on their
expertise. Our relationship has been built on trust,
availability, competence and responsiveness.”
René Drouin,
President
Granite Statement Management & Resources,
New Hampshire Higher Education Assistance Foundation
Refinancing.
The firm represented a large commercial client
in connection with its refinancing of a $6,000,000
loan on its properties located in 5 different states.
We negotiated the terms of the loan documents on
behalf of our client, and reviewed and issued title
insurance policies with respect to the New Hampshire
properties and coordinated the title searches,
document recordings, and policy issuances in the
other four states.
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| Commercial
Litigation
Commercial disputes handled by the
firm are routinely concluded by settlement agreements
which include confidentiality provisions that prevent
the firm from identifying the parties, issues and
outcomes in particular cases.
Recent
satisfied clients include:
- American
Morgan Horse Association, Inc.
- American
Red Cross
- Fidelity
Investments
- Financial
Management Systems, Inc.
- Glock,
Inc.
- Laminated
Papers, Inc.
- Littleton
Regional Hospital
- Matsushita
Electric Corporation of America
- MJM
Production
- Morgan
Stanley Dean Witter
- Office
Environments of New England
- Paralyzed
Veterans of America, Inc.
- Shell
Canada Limited
- Synopsys,
Inc.
- The
Druker Company
- Tyco
International (U.S.), Inc.
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| Consumer
Class Action
We
were contacted by a local insurance agent and his
client, a school teacher in the Concord school
district, about a problem they were having with
a life insurance company located in Ohio.
The life insurance company was imposing substantial
surrender charges at the time of transfer. Tax-sheltered
annuities are a common way for school teachers
to save for retirement, and the company was one
of the
most prominent in the market for secondary school
teachers. The agent had vociferously stood up
for his clients’ right to avoid the surrender
charge, and had been terminated by the company
and deprived of his commissions.
We
reviewed the paperwork of several local policyholders,
and discovered that in addition to the questionable
surrender charge on transfers, the company was
improperly depressing the interest rate on policyholders’ accounts.
We
brought a lawsuit in New Hampshire on behalf of
the agent and we brought a class action with
two
other law firms in Ohio on behalf of all present
and past policyholders nationwide that had
suffered from the surrender charge and depressed
interest
rates.
The
New Hampshire judge rejected the company’s
surrender charge procedure, and an expert
admitted that the company’s interest crediting
method was questionable. We reached
a settlement with the company under which
they
re-credited approximately
$16 million to policyholders to compensate
them for improper surrender charges and underpayment
of interest. Now,
the life insurance company’s marketing
materials clearly explain its surrender and
interest crediting
policies.
We
were also able to settle the agent’s case
on very favorable terms.
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| Energy,
Utility & Telecommunications
Tax
Assessment Agreements. Sulloway lawyers have successfully
negotiated numerous multi-year tax assessment
agreements for a variety of utility clients.
Restructuring. Sulloway lawyers played an active role in electric
restructuring, including representing
Public Service Company of New Hampshire before
the New Hampshire Supreme Court which affirmed
a regulatory
decision approving an agreement on restructuring
between Public Service Company of New Hampshire
and the State of New Hampshire.
Eminent
Domain Proceedings. Sulloway lawyers represented
a water utility in eminent domain
proceedings resulting
in the successful transfer of all of the company
assets under a negotiated agreement.
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| General
Litigation
Commercial
Disputes. Sulloway lawyers recently
resolved two major commercial disputes for a
utility client. One case concerned the performance
of certain pollution control equipment. The second
case involved a dispute regarding purchase power
obligations. Both cases were recently settled
prior to trial. Sulloway trial and business lawyers
worked as a team with our client to achieve these
successful results.
“Paul
and I would like to thank you from the depths of our hearts for all the hard work you have done on our case and
trial. We have a new and deeper understanding of the judicial system and really appreciate the caring and competent way the lawyers
and staff handled this matter on behalf of our Church.”
The
Reverend Paul and Nancy Willette,
Trinity Church
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| Goverment
Relations
“Sulloway recently helped us negotiate through a regulatory matter that would have had a financial impact on our company had their expertise not been employed. The broad knowledge base that Sulloway brought to the table for us was instrumental in our successful interpretation of NH state law, and we were pleased that they were able to effectively represent our company.”
Jerry Prial,
President and General Manager
Redhook Ale Brewery
“Your
firm continues to be a leader in representing
the
interests of our members. The professionalism, expertise,
attention to detail and follow-through exhibited
by you and your staff have served AIA well for
many
years.”
Paul
J. Moran,
Regional Vice President
American Insurance Association
“We’ve
worked with the Sulloway team on hospital advocacy
issues for more than a decade. The depth of experience,
political savvy and professionalism that the firm
brings to the table makes the Hospital Association
and Sulloway & Hollis a winning combination.”
Mike
Hill,
President
New Hampshire Hospital Association
“Sulloway
has been our New Hampshire counsel since we acquired
Chubb Life five years ago. They have provided excellent
cost-effective service. If I had a serious problem
in New Hampshire, I’d want Sulloway at my side.”
John
Hopkins,
EVP & General Counsel
Jefferson-Pilot Corporation
Legislative
Success. For
over thirty years, in addition to successfully
opposing
and modifying legislation on our clients’ behalf,
our lawyers have played a direct, principal role
in
drafting and advocating legislation across the
many disciplines of the clients we serve. Examples include:
Law |
Enacted |
New
Hampshire Business Profits Tax Law |
1970 |
New
Hampshire Educational Voucher Enabling Law |
1975 |
Medical
Practice and Liability Law |
1977 |
Product
Liability Law |
1978 |
Tort
Reform Law |
1986 |
Tortfeasors
Law |
1986 |
Joint
and Several Liability Modification Law |
1989 |
Insurance
Fraud Law |
1991
& 1996 |
Fireman’s
Rule Law |
1993 |
Judgment
Interest Rate Law |
1995 |
Charitable
Trust Pecuniary Benefit Law |
1996 |
Healthcare
Charitable Trust Acquisition Law |
1997 |
Commercial
Property and Casualty Insurance Deregulation
Law |
1998 |
Healthcare
Charitable Trust Community Benefit Law |
1999 |
Physician
Quality Assurance Law |
2001 |
Electric
Personal Assistive Mobility Devices (Segway)
Law |
2002 |
Hospital
and Medical Liability “Loss of Opportunity”
Abolition Law |
2003 |
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| Healthcare
“The
New Hampshire Medical Society has relied on Sulloway & Hollis
as its legal counsel since the 1920’s. What started
as legal defense work for individual physicians,
has grown over the decades to now include general
legal matters for the Society and its members;
insurance contracting issues for physicians and
physician groups; as well as legislative representation
on issues dealing with professional liability reform,
managed care insurance, taxes, public health, state
regulation and more. Sulloway lawyers offer the
Medical Society the broad experience and expertise
it needs to cover every aspect of New Hampshire’s
increasingly complicated healthcare delivery system.”
Palmer
P. Jones,
Executive Vice President
New Hampshire Medical Society
“I
have worked closely with Sulloway & Hollis lawyers on a variety
of challenging healthcare matters for over 20 years. I have consistently
found these lawyers to be experienced business advisors, problem
solvers and litigators, with an unwavering commitment to the medical
profession. Their reputation for excellence is well deserved.”
Seth
Resnicoff, M.D.,
Chairman
Strategic Health Care
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Insurance
“Sulloway’s
effective blend of industry operational knowledge
with legal expertise across a wide range of insurance
regulation issues is unsurpassed. The attorneys
zealously advocate our interests and turn potential
conflicts into creative problem-solving.”
Charles
N. Blossom,
Former New Hampshire Insurance Commissioner
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| Labor
& Employment
“A
few years ago, we decided to identify new law firms
to defend employment-related actions. The number
of suits was increasing and defense costs and settlements
were spiraling upward. We selected Sulloway & Hollis.
The Labor & Employment team provides practical,
proactive advice early on that frequently allows
DHMC and their affiliated entities to avoid
litigation altogether. When suits are filed, the
Labor & Employment team files timely and successful
motions that result in dismissals. This translates
into extraordinary savings for us. We see immediate
and impressive results on our bottom line.”
Matt
Howard
Atlantic Risk Management
“For
more than 30 years we have relied upon the Labor and Employment team
at Sulloway. Sulloway negotiates our collective bargaining agreements,
defends claims against us, represents our interests before numerous
administrative agencies and provides training for our managers. Sulloway
attorneys are committed to understanding our business
– and on short notice, making themselves available
to provide helpful advice and
cost-effective counsel.”
Raymond
P. Letourneau, Jr.,
Operations Manager
Exeter & Hampton Electric
Company
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| Medical
Malpractice & Physician Advocacy
“I have worked with Sulloway and Hollis since 1990. As a busy claims professional, it is often frustrating to work with attorneys who create more work for me, either in failing to report in a timely manner or provide meaningful analyses of cases. Even worse are those attorneys who fail to treat me as a member of the litigation team.
At Sulloway, every single attorney with whom I have ever worked has created an environment of mutual respect. The attention to detail, service, medical knowledge and responsiveness of the attorneys at Sulloway is excellent. They solicit, listen to and appreciate my opinions, which makes me feel like an equal and valuable member of the litigation team. Most importantly, they make my job easier. I never have to ask anyone there for anything. Simply put, they know what to do, what I need, when I need it and how to do it.”
Wendy Liberty, Claims Professional
Medical Mutual Insurance Company of Maine
“For
over twenty years, we have held a cost-effective,
professional relationship with Sulloway & Hollis
attorneys. We rely on their sound, consistent,
and practical advice in the evaluation and defense
of medical malpractice claims. First and foremost,
they are seasoned, ethical lawyers who fully embrace
our team approach of prompt, objective investigations
and the aggressive defense of non-meritorious lawsuits.
The attorneys have become vested in our institution’s
mission. Second, they are responsive and very user-
friendly. They are always willing to share their
expertise on risk management issues and litigation
issues – frequently at no charge. Most importantly,
they have achieved superior results at fair and
reasonable prices.”
Richard
Burke
Atlantic Risk Management
Vascular Surgery Malpractice Case .
Sulloway & Hollis recently successfully defended a prominent New Hampshire vascular surgeon in a wrongful death action in Hillsborough (North) County Superior Court.
The case involved a vibrant 72 year old woman who underwent vascular surgery to bypass an occluded artery in her leg. Post-operatively, the patient experienced drainage from one of her surgical incisions. She subsequently experienced a rupture of the vein graft in her leg resulting in extensive bleeding leading to her death.
The patient’s Estate sued the surgeon alleging a negligent failure to diagnose an infected surgical incision in the leg which spread to the vein graft causing its rupture. The surgeon denied that the incision was infected. He claimed that the vein graft ruptured due to a deep tissue infection completely unrelated to the drainage from the surgical incision The defense used the testimony of highly qualified experts from Dartmouth-Hitchcock Medical Center in Lebanon, NH and Montefiore Medical Center in New York City to persuade the jury that the surgeon’s care and treatment of the surgical incision was appropriate and that the deep tissue infection which caused the rupture of the vein graft was unforeseeable and unpreventable
After a hard fought and emotional trial, the jury returned a verdict in favor of the surgeon after only three hours of deliberations. No appeal was filed.
Neurosurgeon
Malpractice Case. Representation of
a senior New Hampshire neurosurgeon in a difficult
trial against one of New Hampshire’s most aggressive
and experienced plaintiff’s counsel.
The
plaintiff, a gentleman in his early 40’s,
had back pain and underwent a laminotomy/discectomy
at the L4-5 level. During the
surgery, scar tissue was encountered resulting
in the inadvertent
removal of portions of a ligament and a scarred
nerve root attached to that ligament resulting
in a permanent injury to the nerve root. The
plaintiff was completely disabled as a result
of this injury, and his demand in the case
never
came below $1 million. The aggressiveness of
plaintiff’s counsel and seriousness of
the case are demonstrated by the filing in
the month
leading
up to trial of a petition to attach the defendant’s
personal assets to the extent of $5 million.
The defense used the testimony of a well-known
and highly qualified neurosurgeon from the
Lahey Clinic to convince the jury that the surgeon’s
technique was appropriate and there was no
way
for him to foresee that scar tissue had adhered
the nerve root to the ligament.
Ultimately,
after a lengthy and hard fought trial, the jury
returned a verdict for the
neurosurgeon
on the second day of deliberations. The New
Hampshire Supreme Court declined to accept
plaintiff’s
appeal.
Neonatal Death. Obstetricians are
dead center in the gunsights of plaintiff’s lawyers. Many of our most serious and challenging cases involve the defense of obstetricians facing allegations of negligence during pregnancy, labor, and delivery leading to injuries ranging from brachial plexus injuries as a result of shoulder dystocia, to cerebral palsy and other forms of brain damage, to neonatal deaths.
Typical
of these cases was our defense of an experienced
New Hampshire obstetrician charged with causing
the
death of a premature baby who passed away after
only several days of life. The obstetrician had
managed the pregnancy and had taken a telephone
call from the mother with symptoms the plaintiff
alleged were typical of preterm labor and which
to the obstetrician sounded like a routine gastrointestinal
illness. Within hours of that telephone call the
baby was delivered unexpectedly at home with serious
problems that could not be corrected despite intensive
care at a leading hospital in Boston.
Plaintiff
claimed that if the doctor had told the mother
to go directly to the hospital, the baby would
have survived. The defense
produced experts in fields ranging from maternal-fetal
medicine to placental pathology to demonstrate
that the obstetrician’s handling of the
situation was appropriate and that the baby died
of problems of prematurity that could not have
been
avoided even if she had been born in a hospital
with immediate medical care available.
After
a lengthy and very emotional trial the jury found
for the obstetrician. There was no appeal.
Protection of Physician’s Rights. In 2001 the New Hampshire Supreme Court decided the case of Lord v. Lovett which for the first time in New Hampshire allowed medical malpractice plaintiffs to sue their physicians even if they could not prove that the result would have been different if the treatment had been different.
As
an example, before this decision, a plaintiff who
alleged that a delay in diagnosis or treatment
of cancer had resulted in his chances for a successful
recovery being diminished from 80% to 55% could
not recover under New Hampshire law because under
either scenario the patient would probably survive.
This decision overturned a previous Supreme Court
decision and sent shockwaves through the medical
community which was now exposed to a vast expansion
of medical malpractice claims and the consequent
pressure on already spiraling malpractice premiums.
Because
Sulloway has strong contacts with all sectors of
the medical community, including providers,
insurers, and trade organizations, including
the New Hampshire Medical Society and the New Hampshire
Hospital Association, we were able to quickly
put
together a coalition of these groups, supported
by many business and professional interests,
to work together and develop a sound strategy for
remedying the situation.
Sulloway
drafted the legislation necessary to overturn the
Supreme Court’s decision, developed a strategy
for convincing the legislature
to see the wisdom of the legislation, and coordinated
an intense lobbying effort by many different
individuals
and organizations.
Ultimately,
this effort was successful, leading to passage
of a bill repealing the “lost opportunity” doctrine
in June 2003.
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| Real
Estate, Commercial Financing & Land Use
Condominium
Conversion. The firm represented a client
in connection with the development and sale of waterfront
property. The property included multiple parcels of
land, one of which included a small cottage colony
that was to be converted to a condominium. In order
to shield the client from liability, we created a
limited liability company to take title to the property.
The use of the interim LLC for the condominium parcel
allowed the client to defer substantial tax gains
on the re-sales of the condominiums.
Shopping Center Redevelopment. The
firm represented a developer who wished to develop
a parcel of property for a large-scale shopping center.
Unfortunately, local zoning regulations prohibited
the subdivision of the property in a way that would
allow a “big box” retailer to own the
proposed site of its building. To accomplish our client’s
goals, we developed a unique proposal that satisfied
the town requirements and the client’s and each
retailer’s needs.
Special
Municipal Districts. The
firm recently represented the Androscoggin Valley
Regional Refuse Disposal District
(the “District”) in connection with its
acquisition of the Mt. Carberry Solid Waste Landfill
for a purchase price of $10,000,000. The District
represents several municipalities in Coos County.
The firm’s work for the District included
a review and clarification of title to the property,
obtaining the permits and approvals necessary for
the District to own and operate the Landfill,
and
negotiating all transaction documents, including
Solid Waste Disposal Agreements with the owners
of the mills.
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| Tax,
Trusts & Estates
“I’ve
enjoyed working with the firm’s Tax, Trust &
Estate practice and with all the people in her department.
Their understanding of how to structure complex
real
estate and gift transactions accomplished my goal
of reduced tax exposure. Their work is superb.”
Lon
Edwards
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