I have been a litigator at Devine Millimet for more than 27 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 serve on the board of Devine Millimet and recently completed a term as chair of 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 confirmed or established 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 early 1990s.  

I serve on the Board of Plowshare Farm, a life-sharing community for the developmentally disabled, and 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

  • 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

  • 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 and litigation issues

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


We Can Help You

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


            • 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

            Appeals

            Charitable & Nonprofit Organizations

            Construction Law

            Dispute Resolution & Litigation

            Environmental

            Healthcare - Devine Health

            Long-Term Care Facilities

            Medicaid-Funded Agencies

            Insurance Defense

            Probate & Wealth Transfer Litigation

            Real Estate Development

            Tourism & Gaming

            Bar Admissions

            New Hampshire

            Education

            University of Connecticut, JD, cum laude, 1986

            Swarthmore College, BA, honors, 1980

            Awards & Affiliations

            New England Super Lawyers - Top Rated Health Care Attorney (2013 -2017)

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

            Selected by his peers for inclusion in The Best Lawyers in America© in the fields of Litigation/Land Use (2013) and Zoning and Litigation/Real Estate (2013).

            Listed as a 2015 Super Lawyer®

            Recognized as a New England Super Lawyer, Health Care since 2013

            BV® "Distinguished" Rating by Martindale-Hubbell

            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