Select Legal Results

An experienced New Hampshire lawyer, Ken has achieved important results for his clients. Some of these results are listed below.

Employment Law Results

[Unnamed Employees v. Large National Retailer] - Lawsuit against large retailer that required employees to work "off the clock" without paying wages or overtime pay. Case settled.
Bernardi v. Butz - Title VII class action challenging alleged sex discrimination by the U.S. Forest Service in the hiring and promotion of women in non-traditional jobs. Ken negotiated a comprehensive Consent Decree on the eve of trial.
Matthews v. Alexander - Settled this Title VII class action involving alleged race discrimination in Army civilian employment.
[ Employee v. Large Regional Marketing Company ] Negotiated a $75,000 wage claim on behalf of a temporarily disabled employee whose employer had denied him the past commissions due him.
[ Employee v. Large National Trucking Company] Represented client through hearing at N.H. Department of Labor, and defeated employer's argument that client was an "independent contractor" and not an "employee." Won the wage claim; defended against employer's appeal to Superior Court, until employer withdrew its appeal and paid the claim, on the eve of the court hearing.

Matter of R.A. & J.M., 153 N.H. 82 (2005) - Successfully argued to the NH Supreme Court that courts should be authorized to award custody of a child to a stepparent or a grandparent if that award would be in the child's best interests, even over the objection of a fit biological parent.
Matter of Lerma Ontberos and Lerma (NH 2008) - (addressing issues of property division, child support, and alimony).

Hawkins v. Commissioner (Medicaid) - Represented a class of 58,000 children who were denied access to a dentist solely because they were on Medicaid. Negotiated a comprehensive settlement requiring the State to take actions to improve children's access.
Eric L. v. Shumway - Enforcing consent decree to require DCYF to take further action to improve its protection of children who have been abused or neglected.

Bernardi v. Butz - Title VII class action challenging alleged sex discrimination by the U.S. Forest Service in the hiring and promotion of women in non-traditional jobs. Ken negotiated a comprehensive Consent Decree on the eve of trial. Years later, after holding the defendant in contempt, the court's decision on attorneys' fees characterized the Consent Decree as "institut[ing] a complex plan whereby the defendant would follow agreed upon hiring and promotion directives." Bernardi v. Yeutter, 754 F.Supp. 743, 744 (N.D.Cal. 1989)).
Ayotte v. Planned Parenthood - Wrote amicus brief (in United States Supreme Court) on behalf of 153 state legislators challenging constitutionality of N.H. statute requiring parental notification prior to minor's abortion.

ATV Watch v. DRED (Evidentiary hearing resulted in court finding that State agency violated the Right-to-Know law (1) by applying exemptions to broad categories of documents, and (2) by illegally delaying disclosure of public records until it was too late for citizens’ group to advocate against State land purchase).
Laconia Citizen v. Town of Tilton - After Town issued an official public report rejecting allegations of fraud and corruption within the town government, Ken represented a newspaper in a Right-to-Know case seeking disclosure of investigatory materials underlying the report. Settled favorably. At same time, without having to file suit, Ken persuaded the County Attorney to release investigatory results (redacted).
Hawkins v. NH DHHS (Right to Know) - N.H. Supreme Court held that New Hampshire's Right-to-Know Law applies to electronic information; and required State agencies to maintain their computerized records "in a manner that will be accessible to the general public."

ATV Watch v. DRED (Evidentiary hearing resulted in court finding that State agency violated the Right-to-Know law (1) by applying exemptions to broad categories of documents, and (2) by illegally delaying disclosure of public records until it was too late for citizens’ group to advocate against State land purchase).
Canales v. Sullivan, 936 F.2d 755 (2d Cir. 1991) Won appeal of disability case where lower court had dismissed because the claimant had not filed suit on time;appeal based on equity and due process.
Bio Energy v. Town of Hopkinton - Worked on appeal briefs (to NH Supreme Court) in Town's effort to prevent company from burning wood containing toxic substances.
Formula Dev. Corp. v. Town of Chester - 156 N.H. 177 (2007) (construing Land Use Change Tax to be applied when first physical changes are made to the site). (wrote brief on behalf of developers re proper interpretation of Land Use Change Tax when land is taken out of "current use").
United States v. Arizona Fuels - Ken represented the United States in trial and two appeals, resulting in a $40 million judgment against oil company and its president personally. U.S. v. Arizona Fuels, 681 F.2d 797 (TECA 1982) (aff'g $41 million judgment against oil company & its Pres.); 638 F.2d 239 (TECA 1980)

Powers v. Lam Brothers d/b/a Dynasty Chinese Restaurant, 2005-0397 (NH 2006) (memo decision) (wrote appeal brief in negligence case; court affirmed defendant's verdict over various evidentiary objections).
Formula Dev. Corp. v. Town of Chester, 156 N.H. 177 (2007)
Matter of R.A. & J.M.
Bio Energy v. Town of Hopkinton
Hawkins v. NH DHHS (Right to Know case)
United States v. Arizona Fuels - U.S. v. Arizona Fuels, 681 F.2d 797 (TECA 1982) (aff'g $41 million judgment against oil company & its Pres.); 638 F.2d 239 (TECA 1980).
Canales v. Sullivan, 936 F.2d 755 (2d Cir. 1991)