Hinckley Allen -

Reported Cases

• MERCURY SYSTEMS, INC. V. S’HOLDER REPRESENTATIVE SERVS. (1st Cir. 2016)
• U.S. v. UNION BANK FOR SAV. & INV. (JORDAN), 487 F.3d 8 (1st Cir. 2007)
• SAUCIER v. WARDEN, N.H. STATE PRISON, 2000 U.S. APP. LEXIS 12290 (1st Cir. 2000)
• U.S. v. BILLMYER, 57 F.3d 31 (1st Cir. 1995)
• CARE REALTY v. LAKEVIEW NEUROREHABILITATION, 2012 U.S. DIST. LEXIS 44663 (D.N.H. 2012)
• LAKEVIEW MGMT. v. CARE REALTY, LLC, 2009 U.S. DIST. LEXIS 28171 (D.N.H. 2009)
• MILFORD-BENNINGTON R.R. CO. v. PAN AM SYS., 2011 U.S. DIST. LEXIS 145553 (D.N.H. 2011)
• MUT. REAL ESTATE HOLDINGS v. HOUSTON CAS., 2011 U.S. DIST. LEXIS 100072 (D.N.H. 2011)
• BROOKS v. AYOTTE, 2008 U.S. DIST. LEXIS 27980 (D.N.H. 2008)
• ENTERASYS NETWORKS, INC. V. DNPG, LLC, 2006 U.S. DIST. LEXIS 42225 (D.N.H. 2006)
• IN RE ENTERASYS NETWORKS, INC. SEC. LITIG., 2002 U.S. DIST. LEXIS 15450 (D.N.H. 2002)
• STATE v. BROOKS, 164 N.H. 272 (2012)
• STATE EMPLOYEES ASS’N OF N.H. v. STATE, 161 N.H. 558 (2011)
• STATE v. BREED, 159 N.H. 61 (2009)
• GULF INS. CO. v. AMSCO, INC. 153 N.H. 28 (2005)
• PROFESSIONAL FIREFIGHTERS OF NH v. HEALTHTRUST, 151 N.H. 501 (2005)
• REPRESENTATIVE BURLING v. CHANDLER, 148 N.H. 143 (2002)
• STATE v. BRUCE, 147 N.H. 37 (2001)
• STATE v. MUNSON, 146 N.H. 712 (2001)
• IN RE RYAN D., 146 N.H. 644 (2001)
• STATE v. HAYCOCK, 146 N.H. 302 (2001)
• STATE v. DALE, 146 N.H. 286 (2001)
• STATE v. CORT, 145 N.H. 606 (2000)
• STATE v. RICCI, 144 N.H. 241 (1999)
• STATE v. FLYNN, 144 N.H. 567 (1999)
• STATE v. FORD, 144 N.H. 57 (1999)

Representative Cases

• Mercury Systems, Inc. v. S’holder Representative Servs., 820 F.3d 46 (1^st Cir. 2016): successfully represented Mercury in action to establish right to recover over $2.25 million in tax indemnification arising from merger agreement with KOR Electronics.
• Freedom Energy Logistics v. Provider Power et al. (NH Super Ct. 2016): obtained jury verdict for Freedom in action for misappropriation of trade secrets against competing energy supply/brokerage firm.
• Fat Bullies Farm, Inc. v. Devenport et al. (NH Super. Ct., 2015): obtained jury verdict for owners of Runnymede Farm – a historic thoroughbred horse farm celebrated for breeding the winner of the 1968 Kentucky Derby – in an action by developer to force the sale of the property; obtained award of double damages and attorney’s fees on counterclaims for violations of state consumer protection statute.
• State of New Hampshire v. John Brooks (NH Super. Ct., 2008): successfully defended NH entrepreneur John Brooks in the penalty phase of the first capital murder trial conducted in New Hampshire in 50 years.
• In re Resident Power Natural Gas & Electric Solutions, LLC (N.H. PUC, 2013): successfully defended energy suppliers and brokers against charges of fraud and misconduct brought in licensing revocation action before the NH Public Utilities Commission.
• Law Warehouses, Inv. v. NH State Liquor Commission (NH Super. Ct., 2015): represented Law Warehouses in action challenging validity of a 20-year public contract awarded by the State Liquor Commission; obtained $2.5 million judgment for Law Warehouses, representing the largest amount ever paid by the State in a bid protest action.
• Lakeview Neurorehabilitation Center, Inc., v. THCI (U.S. Dist. Ct (NH), 2009 & 2012): obtained verdicts for plaintiffs in consecutive federal court actions brought to preserve plaintiffs’ rights under 25 year commercial leases to operate rehabilitation centers in New Hampshire and Wisconsin.
• Johnson v. The Meat House, Inc. (American Arbitration Ass’n, 2011): successfully defended national butcher franchise against claims for fraud and violation of federal franchise laws in the establishment of a network of franchise stores.
• Paper Services, Ltd. v. Algonquin Power, Inc. (NH Super Ct., 2009): successfully prosecuted claims on behalf of a paper mill in action to recover $20 million in damages arising from breach of a hydroelectric dam.
• Munters Corporation v. MSMC (Mass. Super. Ct., 2010): obtained jury verdict on behalf of national environmental remediation firm in action to recover for restoration services provided in aftermath of Hurricane Katrina.
• Enterasys Networks, Inc. v. DNPG, LLC (U.S. Dist. Ct. (NH), 2007): successfully prosecuted claims on behalf of manufacturer of computer networking systems in action for breach of $30 million licensing agreement.
• City of Boston v. Modern Continental Construction Co. (Mass. Super. Ct., 2005): lead counsel for national construction company in defense of action seeking $15 million in property damages arising from catastrophic flood of Boston Public Library.
• Peerless Construction, Inc. v. Lake Winnipesaukee, LLC (NH Super. Ct., 2005): represented defendant in jury trial that resulted in dismissal of fraud/breach of contract claims arising from construction of nationally-acclaimed golf resort.
• Fine v. Jake, Inc. (Mass. Dist. Ct., 2005): defended Boston restaurateur during 4 week trial that resulted in dismissal of claims for termination of 30-year commercial lease.
• Financial Resources, Inc. v. National Inspection and Repair (NH Super. Ct., 2004): defended Kansas-based OSHA inspection company in jury trial that resulted in dismissal of $3.6 million breach of contract/fraud claims.