Thomas Quarles, Jr.

I have been a litigator at Devine Millimet for more than 37 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 26 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.  

Working with Partner Charles Powell, we conceived, drafted, and got state legislation enacted to create “Special Medicaid Representatives” (“SMR”), RSA Ch. 151-I.  This was an effort on behalf of the N.H. Healthcare Association and the N.H. Hospital Association to establish a needed new payment source for patients and residents who have exhausted their initial funding, but either are unable or refuse to apply for Medicaid.  SMRs are court-supervised individuals with the power to obtain required financial and other documents and, with the courts' assistance, to compell a Medicaid-eligible resident or patient to cooperate in the complicated and time-consuming Medicaid application process.  This option is much simpler and cheaper than opening a guardianship, and does not require a showing of incapacity of the resident/patient. It has met with great success. This first-in-the-nation innovation has generated interest from healthcare and hospital associations in many other states.

Our firm celebrated its 75th Anniversary in 2022.  As one of the longest serving attorneys in the firm, I was asked to and produced and edited a history book covering the firm’s significant cases, its development from an insurance defense firm to one of the largest law firms in northern New England and the significant public and judicial service that many of our attorneys have performed.

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

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
  • New England Ski Museum Board of Directors
  • Plowshare Farm, Inc. Board of Directors (non-profit lifesharing community for the developmentally disabled)
  • Appalachian Mountain Club, paddling and water use matters


We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.


            • Tiernan V. Ragged Mt., 217-2021-CV-48 (2022) (N.H. Super. 12/6/22)
            • Miller v. Sunapee Difference, LLC, 918 F.3d 172 (1st Cir. 2019)
            • Miller v. Sunapee Difference, LLC, 308 F. Supp. 3d 581 (D.N.H. 2018)
            • Grand Summit Hotel Condo. Unit Owners' Ass'n v. L.B.O. Holding, Inc., 171 N.H. 343 (2018)
            • Miller v. Sunapee Difference, LLC, 2017 U.S. Dist. LEXIS 230548
            • Hogan v. Pat's Peak Skiing, LLC, 168 N.H. 71 (2015)
            • Hanus v. Loon Mt. Rec. Corp., 2014 DNH 75 (2014)
            • Dube and Harbor Homes, Inc. v. New Hampshire Department of Health and Human Services, 166 N.H. 358, 97 A.3d 241 (2014)
            • Camire v. Gunstock Area Commission, 166 N.H. 374, 97 A.3d 250 (2014)
            • Eby and Leighton v. State of N.H., 166 N.H. 321, 96 A.3d 942 (2014)
            • Katz v. McVeigh, 931 F.Supp. 311 (D.N.H. 2013)
            • In re Stacy, 164 N.H. 706, 62 A.3d 885 (2013)
            • Herbst v. L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort, 783 F.Supp. 2d 262, 2011 WL 1655711 (2011)
            • Motorsports Holdings, LLC v. Town of Tamworth, 160 N.H. 95, 993 A.2d 189 (2010)
            • Porter v. Dartmouth College, 678 F.Supp. 2d. 15, 2010 WL 272005 (D.N.H.)
            • Porter v. Dartmouth College, 2010 WL 114223 (D.N.H.)
            • Porter v. Dartmouth College, 2009 WL 5102984 (D.N.H.)
            • Porter v. Dartmouth College, 2009 WL 3227831 (D.N.H.)
            • Porter v. Dartmouth College, 2009 WL 1322590 (D.N.H.)
            • Martin v. Pat’s Peak, Inc., 158 N.H. 735, 973 A.2d 333 (2009)
            • McGrath v. SNH Development, Inc. d/b/a Crotched Mountain, 158 N.H. 540, 969 A.2d 392 (2009)
            • Bel Air Associates v. New Hampshire Dept. of Health and Human Services, 158 N.H. 104, 960 A.2d 707 (2008)
            • Anderson v. Motorsports Holdings, LLC, 155 N.H. 491, 926 A.2d 261 (2007)
            • Cecere v. Loon Mountain Recreation Corp., 155 N.H. 289, 923 A.2d 198 (2007)
            • Hecht v. Waterville Development Corp., 2007 WL 542151 (D.N.H.)
            • Bel Air Associates v. New Hampshire Dept. of Health and Human Services, 154 N.H. 228,910 A.2d 1232 (2006)
            • Soraghan v. Mt. Cranmore Ski Resort, Inc., 152 N.H. 399, 881 A.2d 693 (2005)
            • Jackson v. Morse, 152 N.H. 48, 871 A.2d 47 (2005)
            • White v. Asplundh Tree Expert Co., 151 N.H. 544, 864 A.2d 1101 (2004)
            • Gwyn v. Loon Mountain Corp., 350 F.3d 212, 2003 WL 22779078 (1st Cir.)
            • Conservation Law Foundation v. New Hampshire Wetlands Council, 150 N.H. 1, 834 A.2d 193 (2003)
            • Sanderson v. Town of Candia, 146 N.H. 598, 787 A.2d 167 (2001)
            • Rayeski v. Gunstock Area/Gunstock Area Com’n, 146 N.H. 495, 776 A.2d 1265 (2001)
            • Webster v. Town of Candia, 146 N.H. 430, 778 A.2d 402 (2001)
            • Purdie v. Attorney General, 143 N.H. 661, 732 A.2d 442 (1999)
            • Merrill Lynch Futures, Inc. v. Sands, 143 N.H. 507, 727 A.2d 1009 (1999)
            • Porush v. Lemire, 6 F.Supp.3d 179 (E.D.N.Y. 1998)
            • In re Amoskeag Bank Shares, Inc., 239 B.R. 653, 1998 WL 11110094 (D.N.H.)
            • In re Proposed Public Protection Fund Rule, 142 N.H. 588, 707 A.2d 125 (1997)
            • Lutkus v. Lutkus, 141 N.H. 552, 692 A.2d 958 (1997)
            • Parker v. City of Nashua, N.H., 76 F.3d 9, 1996 WL 34820 (1st Cir.)
            • Penney v. Town of Middleton, 888 F. Supp. 332 (D.N.H. 1994)
            • Opinion of the Justices, 139 N.H. 82, 649 A.2d 604 (1994)
            • U.S. Healthcare, Inc. v. Healthsource, Inc., 986 F.2d 589, 1993 WL 47370 (1st Cir.)
            • Berniger v. Meadow Green-Wildcat Corp., 945 F.2d 4, 1991 WL 175876 (1st Cir.)
            • Treisman v. Town of Bedford, 132 N.H. 54, 563 A.2d 786 (1989)
            • Kantner v. Combustion Engineering, 701 F.Supp. 943 (D.N.H. 1988)
            • Phelps v. Kingston, 130 N.H. 166, 536 A.2d 740 (1987)
               

            Services & Industries

            Energy & Regulated Industries

            Regulatory Compliance

            Regulatory Compliance for Businesses

            Bar Admissions

            New Hampshire - All State Courts

            U.S. District Court for District of NH

            U.S. First Circuit Court of Appeals

            Education

            University of Connecticut, JD, cum laude, 1986

            Swarthmore College, BA, honors, 1980

            Awards & Affiliations

            New England Super Lawyers - Top Rated Attorney, 2013 - 2017, 2020-2024

            Included in The Best Lawyers in America© for his work in Litigation - Land Use and Zoning, and Litigation - Real Estate, 2013-2024

            Selected as "Local Litigation Star" in Benchmark Litigation, 2017

            BV Distinguished Rating, Martindale-Hubbell

            New Hampshire Bar Association Distinguished Service to the Legal Profession Award, 2023

            New Hampshire Bar Association Distinguished Service to the Public Award, 1998


            New Hampshire Supreme Court Public Protection Fund Committee, Chair

            Association of Ski Defense Attorneys

            New Hampshire Bar Association

            Manchester Bar Association