Law Briefs: Stories from around NH | Media Pyro


The NH Supreme Court is hearing arguments over the Saint-Gobain PFAS contamination issue

The NH Supreme Court heard oral arguments on November 15 in a long-running case focused on contamination from PFAS chemicals released by the manufacturing company Saint-Gobain.

The case is a proposed class action suit against residents affected by PFAS contamination near Saint-Gobain’s Merrimack facility. Residents who say they were exposed to toxic chemicals that contaminated their water are hoping the company will pay for medical testing for PFAS-related illnesses, such as some cancers.

The case has been moving in the District Court of New Hampshire since 2016. But the courts in the United States are divided on the issue of health monitoring, so the Supreme Court of New Hampshire is asked to consider whether the government will accept claims for health monitoring as a cure for people exposed to toxic substances.

They were also asked to discuss whether those people had to show that they had a current injury from the poison, or whether they could seek medical attention without an injury.

In a brief filed before oral arguments, attorneys for the plaintiffs also argued that exposure to toxins and an increased risk of disease could lead to an increased need for test an injury, which is due for payment.

Bruce Felmly, an attorney for Saint-Gobain, argued that filing a claim for medical examination without physical injury now runs counter to 200 years of common law in New Hampshire.

US Department of Labor information on employer harassment

The U.S. Department of Labor says its Wage and Hour Division’s nationwide effort to monitor compliance among residential care, nursing homes, home health services and other businesses focuses on enough to protect has made significant progress in protecting the rights and protections of workers.

Since its launch in 2021, the program has completed more than 1,600 investigations and found violations in 80 percent of its reviews. These investigations resulted in more than $28.6 million in back pay and damages for approximately 25,000 employees, and approximately $1.3 million in civil monetary penalties for employers who violated the state law.

His audits of residential care facilities, nursing homes and home health providers uncovered violations that inspectors found related to failure to pay overtime or low federal wages. or government, when workers are mistaken for independent contractors. The project found that violations often injure women of color – especially in the Black, African American, Hispanic and Asian, as well as Filipina, communities – who often serve as home care aides, certified nursing assistants and licensed practical nurses.

In recent months, home health care businesses in Lebanon and Ghana have been hit with heavy fines after the agency found violations.

Sheehan Phinney attorneys won the NH Supreme Court case

Sheehan Phinney attorneys Christopher Cole and Megan C. Carrier won a NH Supreme Court victory where the justices ruled that an employee’s complaints about reporting internal decisions by a private university were not involve public policy considerations. support a wrongful termination claim.

The case is Donovan v. Southern New Hampshire University.

Lawyers said the victory was important for the education community because the court recognized that it is better to give advice to education than to adjudicate, and that the judge will agree with education institutions when they are affected. these are the reasons. Read the full decision here:

Carrier’s practice focuses on business litigation and represents individuals and businesses in a wide range of disputes before federal and appellate courts, administrative tribunals, arbitrators , and mediation. Cole serves as co-chair of the firm’s Business Litigation Group and has handled cases involving trade secrets involving computer applications and software, alleged misappropriation of company information and unfair labor practices, etc.


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