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Case Decisions

It is important that a law firm you hire know how to take cases on appeal should the need arise. These are cases Braiterman Law Offices has argued before the New Hampshire Supreme Court. You will need the free Adobe PDF Reader to view them.

 

 

In the Matter of Toni E. Jerome and Raymond W. Jerome, March 8, 2004 Mother's income from an annuity arising from a structured settlement of a personal injury claim is includable as gross income for purposes of calculating her child support payable to the father, even if the annuity was part of the property settlement agreed upon by the parties in the divorce. Mother's choice to receive the annuity payments as a stream of income rather than as a lump sum made the annuity payments "income" as defined in the Child Support statute.

PAMELA ROBBINS v.BERTHA G. JOHNSON, October 3, 2001 This case holds that the law pertaining to wills that protects inheritance rights of unnamed children does not apply to revocable living trusts.

In re ESTATE OF ELIZABETH ROBBINS, July 5, 2000 This case holds that the law of wills that protects inheritance rights of unnamed children requires that the will expressly exclude "children" or "issue" and not merely the "heirs" of the estate.

KIMBERLY M. FABICH v. ROBERT A. FABICH, SR., December 30, 1999 This case addresses the inclusion of an accidental disability pension as divisible marital property in a divorce case.

HENDERSON'S CASE, May 6, 1997 The N.H. Supreme Court orders the disbarment of a New Hampshire attorney for a fraudulent loan procured by the attorney to pay back due support from his domestic relations case using as collateral an accounts receivable of an estate for which no money was due. In this case, Attorney Braiterman argued on behalf of the Supreme Court's Professional Conduct Committee.

Clark's Case, December 18, 1992 The N.H. Supreme Court holds that public censure of an attorney is the proper discipline for an attorney who has been privately reprimanded previously for the same offense.The previously private reprimand becomes public when the new allegation of misconduct is made public.In this case, Attorney Braiterman argued on behalf of the Supreme Court's Professional Conduct Committee.

Mark Welzenbach v Patricia Powers 1992 Considerations of public policy prevent a father of a child suing the mother in tort for fraud and for negligent or intentional infliction of emotional distress associated with how she became pregnant with his child. Father cannot sue for harm done to his own marriage by the affair leading to the birth of the baby.

 

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