Category Archives: RIB Lawsuit

The big sell out

This post shows the Federal Government’s strict policy against confidentiality clauses in settlement agreements.  They get it.  They understand that the government is the people and we, the people, have a fundamental right to know what agreements are made on … Continue reading

Posted in RIB Lawsuit

Case closed

As a result of settlement, the parties filed a Stipulation of dismissal with prejudice and the court subsequently responded with this Judgement.  The final docket indicates that the case is now closed. The blog will pursue the details of the … Continue reading

Posted in RIB Lawsuit

Excessive government regulation?

§50.23   Policy against entering into final settlement agreements or consent decree that are subject to confidentiality provisions and against seeking or concurring in the sealing of such documents. (a) It is the policy of the Department of Justice that, in any … Continue reading

Posted in RIB Lawsuit

Who was that stranger?

Someone posted a comment to yesterday’s post pointing out that WP’s answer to the Amended Complaint contained a counterclaim. The author did not identify him/herself and so, in keeping with the blog comment policy, the comment was not published with … Continue reading

Posted in RIB Lawsuit

Settlement signed

Today I received word from the Town Manager that a settlement agreement has been signed. Bob:  In response to your previous Right-to-Know law request to see a copy of the signed settlement agreement between the Town and Wright-Pierce Engineers, I … Continue reading

Posted in RIB Lawsuit

No deal yet

After two days of avoiding the question, the town has finally responded to my specific RSA 91-A questions: Bob: Good morning. To definitively answer your question of yesterday of whether the settlement agreement has been signed yet, the answer is … Continue reading

Posted in RIB Lawsuit

Done deal?

Since the end of August, we have been hearing about settlement activity with Wright-Pierce.  First the Selectmen announced that a deal was eminent.  Then two meetings ago on September 3, the Selectmen announced that a settlement had been reached and … Continue reading

Posted in RIB Lawsuit | 1 Comment

Stupid is as stupid does

In the remake of The Graduate, to be filmed on location in Wolfeboro, the buzzword will be updated from “plastics” to “drip irrigation”.  OK, that’s two words. Tune in to any recent Selectmen’s meeting and listen to them talk about … Continue reading

Posted in RIB Lawsuit

Go back Jack and do it again

Those Wright-Pierce guys are looking smarter by the day. At the trial, the town mocked a “windshield survey” that they had done prior to suggesting to the town that they investigate constructing a RIB system.  WPs guys defended themselves by … Continue reading

Posted in RIB Lawsuit

Now What?

Surely the settlement of $7.5 million with Wright-Pierce Engineers marks a milestone and a change of direction in the town’s sewer plight.  No doubt it unburdens Wright-Pierce as well, notwithstanding the huge financial impact it will have on them.  But … Continue reading

Posted in RIB Lawsuit | 2 Comments

Settlement announced in RIB lawsuit

Tonight, the Selectmen announced a settlement in the RIB lawsuit.  I missed the actual announcement, but will be sure to tune in to the replay tomorrow, and try to get a copy of the agreement through right-to-know  I’m told that … Continue reading

Posted in RIB Lawsuit | 1 Comment

Conference with the Judge

Yesterday, the court conducted a brief (5 minute) teleconference with the lead attorneys.  This was not the regular monthly conference.  That was scheduled for September 9. Aside from logging the call,  the docket provides no insight into the subject except … Continue reading

Posted in RIB Lawsuit

Settlement rumored

I have been told that the parties have arrived at a settlement to the RIB lawsuit.  I will try to obtain confirmation over the next few days.  Here’s what my source disclosed: The settlement was agreed to on Friday, August … Continue reading

Posted in RIB Lawsuit

Fresh activity in RIB case

Today, the Board of Selectmen noticed two non-public sessions with attorneys.  The first meeting will take place Wednesday morning at the offices of our current attorneys, Hinckley Allen & Snyder, at their offices in Concord. The second meeting will be … Continue reading

Posted in RIB Lawsuit

Staying the course

On schedule, the court held a teleconference with the parties in the RIB lawsuit today.  It lasted 5 minutes.  The net result was a continuation of the stay of all proceedings.  The parties will teleconference again on Sept 9. The … Continue reading

Posted in RIB Lawsuit

The joke may be on us

Here’s an interesting twist that I’ve been ruminating on.  Wolfeboro has filed a motion in the RIB lawsuit, pursuant to the Consumer Protection Act,  to recoup our legal fees.  I think the amount was something like $1.4 million.  Subsequently, Wright-Pierce … Continue reading

Posted in RIB Lawsuit

Getting warm

This week’s editorial in the Grunter portrays my position in the RIB lawsuit more accurately than last week, but there are still some pretty important points that need to be corrected. While much has been made of a 600,000 gallon … Continue reading

Posted in RIB Lawsuit | 2 Comments

Grunter chimes in

The editorial in the Grunter this week is telling in it’s almost knee jerk defense of the town dogma regarding the RIB lawsuit.  But that’s not the point.  My letter doesn’t question the merits of the lawsuit, who’s to blame, … Continue reading

Posted in RIB Lawsuit

Winners and Losers

The last official statement the Selectmen made to the public regarding the RIB lawsuit was an announcement of the favorable verdict in the trial back in May. Since then, a lot has happened, and I’ve tried to cover it in … Continue reading

Posted in RIB Lawsuit

Month to month

That’s apparently how the RIB lawsuit will be monitored going forward.  Yesterday, the  court conducted a conference in chambers with the two parties.  The only result published in the docket was a notice of a follow up telephone conference scheduled … Continue reading

Posted in RIB Lawsuit

Reality check

Today, the parties filed a  joint motion to indefinitely stay further proceedings  in the RIB lawsuit.  They are effectively freezing all legal activity indefinitely while they try to work out a settlement.  In the motion they state that settlement talks … Continue reading

Posted in RIB Lawsuit

Hearing Scheduled

The court has scheduled a hearing in chambers on July 9.  Too bad the public is being excluded, I would like to hear the arguments, even if I think I know the probable outcome. The subject-matter jurisdiction rule, at least … Continue reading

Posted in RIB Lawsuit

Go back to go, do not collect $25,000,000

That’s basically what the first motion from Wright Pierce’s new attorneys says. Quite a bold move, but then the stakes are high and you can expect just about anything. What they have filed is a Motion to dismiss for lack … Continue reading

Posted in RIB Lawsuit

Changing of the Guard

Donovan Hatem has filed a withdrawal as attorneys for Wright Pierce.  Two attorneys from the firm of Sheehan Phinney Bass & Green have filed notice of appearance with the court.  They are Peter Cowan and John-Mark Turner. Also filed today … Continue reading

Posted in RIB Lawsuit | 2 Comments

Dam storage pond

I came across this post from 2005 on an old website that has been inactive for years.  While there is no direct attribution, I believe the author was a gentleman who was politically active in town for years and had … Continue reading

Posted in RIB Lawsuit, Town Politics

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

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