Monthly Archives: May 2014

Going for the jugular

Today’s newspaper heralds the latest developments in the RIB lawsuit.  The court has ruled against Wright Pierce on the Consumer Protection Act (CPA) claim and restored the damages from the jury’s reduced amount to Wolfeboro’s original claim.  Bottom line is … Continue reading

Posted in RIB Lawsuit, Town Politics

CPA awarded

The court has ruled  in the Consumer Protection Act claim 5.  The jury had found in Wolfeboro’s favor but the court has the last word.  The judge confirmed the finding of the jury and in addition found that the damages … Continue reading

Posted in RIB Lawsuit

Land based disposal

As I sat at the back of the courtroom for three weeks, the question people kept asking was “exciting isn’t it?”.  Of course, the implication was that the slow pace was like watching paint dry. But once you get into … Continue reading

Posted in RIB Lawsuit

Quick turnaround

The court acted swiftly on Wright Pierce’s latest motion to stay judgement on the Consumer Protection claim.  The outstanding motion for judgement as a mater of law was denied, and the motion to stay consume protection verdict was denied.

Posted in RIB Lawsuit

The post trial

Today we enter the new post-trial phase of the lawsuit.  Wright Pierce has filed a motion to stay any hearing and ruling by the court on the Consumer Protection claim, pending the outcome of “various” other post-trial motions that presumably … Continue reading

Posted in RIB Lawsuit

Daily average

At the heart of the lawsuit was the interpretation of the various representations of daily-limit, and daily average measured monthly, and annual average.  The town ran the RIBs at 850,000 to 940,000 gallons per day in the five days leading … Continue reading

Posted in RIB Lawsuit

Comments

There are a lot of new readers these days, and you may not be aware of the blog policy on comments.  I’ve had to discard some anonymous comments.  There was nothing otherwise problematic, so if you resubmit with your name, … Continue reading

Posted in Brewster Hall/Town Office

What does it all mean?

Well, the verdict speaks for itself.  But I want to point out that there are close to  more than 1,000 hits on the blog today, so no matter where you come down on this issue, it goes to show that … Continue reading

Posted in Town Politics | 4 Comments

Verdict is in

The court just posted the verdict.  Wolfeboro prevailed on all five counts.  The jury awarded damages in the amount of $6,795,000. As I understand it, count 5, the violation of the consumer protection act was an advisory verdict by the … Continue reading

Posted in RIB Lawsuit | 2 Comments

Jury instructions

No word yet on the jury deliberations.  Shortly after starting yesterday, they asked about the pump flow chart record from the week preceding the slope failure in April 2009.  The judge said that it was evidence. In the meantime, the … Continue reading

Posted in RIB Lawsuit

Findings of fact

Both sides have filed their Findings of Fact and Rulings of Law with the the court.  First Wolfeboro and then  Wright Pierce.  As I get this exercise, the judge will consider the jury’s finding on the Consumer Protection claim as … Continue reading

Posted in RIB Lawsuit

Jury is out

Today saw closing arguments, followed by the judge instructing the jury on procedures and matters of law.  The jury went out just after noon.  As of about 3:30 there was no verdict.  I asked to be notified, but may not … Continue reading

Posted in RIB Lawsuit | 4 Comments

My two cents

Now that both sides have rested their case,  I’ll tell you what I think.  First understand that this isn’t a prediction of what the jury will decide.  They have less information and must decide based on the law and how … Continue reading

Posted in RIB Lawsuit | 3 Comments

Wolfeboro motion for judgement

Wolfeboro has posted their motion for judgement as a matter of law.  As explained previously, Wolfeboro is asking the court to rule that WP has not met the standard for comparative fault defense and mitigation defense. Nobody disputed that the … Continue reading

Posted in RIB Lawsuit

Defense rests

Today WP put on their last expert witness, John Kastrinos, a hydrogeologist from Haley and Aldrich.  Mr. Kastrinos was accepted as an expert without objection. The defense took him through his history of projects that included a couple of RIB … Continue reading

Posted in RIB Lawsuit

What’s the score?

Interest in this blog has exploded since the trial began, and though I have a definite opinions about how it’s going, readers should be cautious that I don’t really have anywhere near the insight that the “teams” have. First, there’s … Continue reading

Posted in RIB Lawsuit

Wrapping it up

After Wolfeboro’s used up all of the allotted trial time of 2½ weeks, you might think that the defense would feel the need for some parity.  Not so.  So far they have called Mr. Brown and two of their three … Continue reading

Posted in RIB Lawsuit

cinco de mayo

A little late posting.  We were out celebrating our favorite faux Mexican holiday. Wolfeboro spent the morning cross examining Bill Brown, President and CEO of Wright Pierce.  Ms. Cull started out attempting to challenge that Wright Pierce is using Mr. … Continue reading

Posted in RIB Lawsuit

The goat

During the Friday morning recess, our attorney Ms. Cull confronted me and said that “they” (meaning the Wright Pierce team I presume) have been reading this blog, and that their attorney had represented to the judge that I thought Wolfeboro’s … Continue reading

Posted in RIB Lawsuit | 1 Comment

4-20ma

Wonk alert.  After three weeks of mind numbing legal observation, I thought I’d throw in something from the trial with a different twist. This is a story about how a roomful of lawyers and engineers can be clueless about a … Continue reading

Posted in RIB Lawsuit

Motion for Judgement

As expected, Wright-Pierce has filed a motion for judgement as a matter of law.  This motion asks the court to rule in their favor because the evidence presented by Wolfeboro is insufficient, or in some cases because the alleged violation … Continue reading

Posted in Brewster Hall/Town Office

End of Week Three

Today continued the direct testimony of William Brown, president and CEO of Wright Pierce.  He took the jury through the whole 8 year history of the project – except for he part where they presented a remediation plan to NHDES … Continue reading

Posted in RIB Lawsuit

Sugar coating

I read with interest today the Grunter’s meager coverage of the Wolfeboro v Wright Pierce lawsuit.  Now I know the Grunter hasn’t been to Concord to cover this event, even though it’s probably the biggest lawsuit in Town history.  I … Continue reading

Posted in RIB Lawsuit

Wolfeboro rests

After 2½ weeks, Wolfeboro has finally rested their case.  Their last witness was the expert testimony of Robert Bowden, the hydrogeologist from Fuss & O’Neill.  Wolfeboro spent half of the morning session on direct examination where he continued to hammer … Continue reading

Posted in RIB Lawsuit