Tom Quarles

I have been a litigator at Devine Millimet for more than 35 years, practicing in the New Hampshire state and federal courts. My general commercial litigation practice covers land use and environmental matters, probate, and trust litigation. Another practice focus is Medicaid provider issues for social service agencies and long term care facilities, health insurance and managed care. I have served on the board of Devine Millimet and have chaired our Litigation Department. I am the Chair of the state’s Public Water Access Advisory Board and Chair of the N.H. Supreme Court’s Public Protection Fund Committee.  

I frequently litigate against the State of New Hampshire, mostly on behalf of Medicaid provider clients. I have achieved significant victories in multiple New Hampshire Supreme Court cases that established or confirmed clients’ Medicaid rights. These included the precedent-setting Bel Air cases. For a list of my cases that have resulted in published opinions, click the "CASES" tab above. I have briefed and/or argued more than 24 N.H. Supreme Court appeals and a number of federal First Circuit Court of Appeals cases. I was the principal author of the 2005 amendments to the N.H. Ski Statute, RSA 225-A, and have defended New Hampshire ski areas in their ski accident litigation since the late 1980s.  

I serve on the Board of Plowshare Farm, a life-sharing community for the developmentally disabled, and more recently joined the New England Ski Museum Board. Not surprisingly, I am an avid downhill and telemark skier who is trying to teach himself to snowboard. Outside of the winter months, I enjoy flatwater and whitewater canoeing, kayaking, and bicycling. In the summer I spend as much time as possible with my wife and daughter at our family’s lake house near Keene, sailing, boating, and enjoying the outdoors.

Representative Matters

• Achieved one of the largest settlements ever against the State following a successful NH Supreme Court appeal for the State's wrongful conduct in attempting to terminate a Medicaid provider client without showing cause
• Successfully represented two Medicaid-funded agencies for the mentally ill and developmentally disabled in protracted efforts by the State to revoke their licenses and force large Medicaid fraud reimbursements
• Litigated multiple zoning and land use cases in the New Hampshire Superior Courts and Supreme Court, including litigating constitutional and takings issues
• Represented two Medicaid-funded agencies for the developmentally disabled in evaluating their rights and options when the State ordered them to merge with other such agencies
• Numerous successful claims on behalf of individual investors against brokerage firms both in the courts and in SRO arbitration forums, including a $1.4 million NASD arbitration award
• Successful trial by heirs against holder of power of attorney for misappropriating the testator's estate before her death. Damages of $530,000 awarded plus costs and attorney's fees

Publications

• "An Improved, Expedited Process For Hospitals To Seek Guardianships During The Covid-19 Pandemic: The Emergency Expedited Guardianship Petition Over An Adult Person," Devine Millimet E-Alert, April 9, 2020
• New Hampshire Bar Journal - co-author of articles on surveys of New Hampshire environmental laws 29 NHBJ 97 (1988) and hazardous waste and UST regulations 32 NHBJ 104 (1991)

Speaking Engagements

• NBI CLE - "Road and Access Law in NH"
• Numerous presentations to clients on healthcare, litigation issues, and skiing risk management

Community Involvement

• State of New Hampshire Public Water Access Advisory Board, Chair
• Plowshare Farm, Inc. Board of Directors (non-profit lifesharing community for the developmentally disabled)
• Appalachian Mountain Club, paddling and water use matters