Civil Litigation
Ken's legal experience extends to many types of disputes, including employment issues , domestic matters (divorce, child custody and domestic violence), civil rights violations, children's rights, consumer protection, professional licensing disputes, and freedom of information (the public's "right to know" what its government is doing).
He has helped clients who have been treated unfairly in relation to their jobs, their working conditions, their housing, their health care, and other legal rights. Ken has provided legal services to individuals, families, and children, as well as small businesses, towns and federal agencies.
Right to Know
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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."
Other Civil Litigation Results
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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)
