Category Archives: RIB Lawsuit

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 →

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 →

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 →

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 →

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 →

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 →

After two weeks of testimony Wolfeboro is finally rolling out their real case.  Yesterday they brought out Prof. Jean Benoit from UNH.  In his direct examination, he basically said that Wright Pierce did a bad job and that the entire … Continue reading →

Pretty good day today in terms of tempo.  Three witnesses through and a fourth on the stand for half an hour. The day started out with Paul Heirtzler from NHDES.  I missed the start but caught the meat of it.  … Continue reading →

As promised, here’s a quick run down of Mr. Pelletier’s testimony. Mr. Pelletier is a relatively high level official in NHDES.  He said he is in charge of “anything to do with water”.  His signature is on Wolfeboro’s 2007 groundwater … Continue reading →

The jury went home at 1:00pm.  The judge and lawyers were sticking around to argue a motion to quash a subpoena for Harry Stewart of NHDES to testify.  NHDES is opposing on the grounds that Mr. Steward has nothing to … Continue reading →

Cross examination of Mr. Atherton went pretty quickly as it was a backward testimony.  That is, Wolfeboro called him to the stand and his own attorney cross examined.  Somehow I’ve got the feeling that unless there is a big surprise … Continue reading →

Cross examination of Blake Martin went fairly quickly today.  Next up was Jesse Schwalbaum, WP’s hydrogeologic modeler.  Our attorney Mr. Pasakarnis did a competent job of working through the mechanics of modeling and establishing the chronology and meaning of the … Continue reading →

Dave Ford finished his testimony as the court broke for lunch.  No matter how it goes, Dave can be congratulated for keeping his cool and holding out through two and a half days of cross-examination.  Where it all goes will … Continue reading →

Not that short.  The court scheduled 9-2 rather than 9:30-5, but they catered the jury lunch at 40 minutes instead of an hour and a quarter and ran over to 2:30.  So all that without an afternoon break works out … Continue reading →

Dave Ford is still on the stand.  The defense says that they are half to three quarters through their cross-examination.  With the expected redirect by Wolfeboro to follow, and a short day (9-2),  it will be close as to whether … Continue reading →

Spent most of the day watching the trial.  Dave Ford was on the stand the whole day, still testifying for the home team.  He was nearly finished when they recessed for the day, so presumably the cross-examination will dominate tomorrow. … Continue reading →

Went down to Concord today and sat in on an hour and a half of Mr. Ford’s testimony for the Plaintiff.  The jury is nine people, 7 men and two women.  All but one appeared to be pretty bored with … Continue reading →

There are a lot of people following the trial through the blog.  Unfortunately, there is little report today.  I called the courthouse this morning and was told that the trial had commenced and they were doing jury selection. A note … Continue reading →

Nothing has been placed on the docket concerning the ordered mediation session today.  Wright Pierce has filed a proposed special verdict form that walks the jury through the various elements of the counts in the complaint in order to arrive … Continue reading →

Yesterday’s collapse of what was ostensibly an attempted settlement conference creates many questions for me.  When this is over, the blog will pursue unsealing of the minutes of these deliberations to find out what happened. It was apparent, despite WP … Continue reading →

The BOS held a non-public meeting today at 4:00pm.  It lasted about 45 minutes and though the agenda indicated that Wright-Pierce and their attorneys would be present, they were not. The BOS is playing it close to the vest.  They … Continue reading →

Before anyone gets their hopes up that a big settlement in the RIB case is probable, it’s important to know that WP has filed a new objection in the case.  You will recall that the foundation of the case was … Continue reading →

The Board of Selectmen have noticed a special meeting tomorrow at 4:00pm to start with a non-public session and then, according to the agenda, it looks like a public conference with Wright Pierce and their attorneys. With the trial scheduled … Continue reading →

That’s when Jury selection will begin.  Each side gets three wild cards.  Total ten jurors to be selected.  Six must remain by the end of trial.  The decisions must be unanimous. The trial starts immediately after jury selection.  There are … Continue reading →

The docket shows the final pre-trial conference happened yesterday.  Three lawyers from each side were present.  It lasted almost two hours, only 13 minutes of which were held in the open courtroom.  The rest was in the judges chambers.  Apparently … Continue reading →

The court substantially  upheld  Wolfeboro’s motion to limit testimony from several of WP’s experts. Roger Moore is precluded from testifying that the RIB site can be repaired.  The court cites his statements in deposition where he fails to say specifically … Continue reading →

The court ruled on several key motions from both sides. The court order denying the motion to preclude untimely documents, fact and expert testimony filed by WP.  This motion dealt with several issues: Wolfeboro had provided thousands of documents to … Continue reading →

While the court ruled on the easy motions late Friday, there are some big issues to decide now.  Wolfeboro continues to press their total-loss theory and all but cemented it in with Friday’s ruling excluding for the third time the … Continue reading →

The court is moving through this stuff and has already issued some rulings. WPs motions to strike the Gross Negligence claim and Breach of Warranty were ruled moot and the claims were stricken as requested by Wolfeboro. WP’s motion to … Continue reading →

As of Midnight on the 27th, Wolfeboro had not produced the bulk of their objections.  This morning, they were available on the court’s electronic filing website.  There must be some latency in the system. So here are the raw filings: … Continue reading →

We probably wont get a barrage of objections to motions until late today, so for those of you who seem to be following the day to day, and there seem to be a lot of you, I’m going to go … Continue reading →

Wolfeboro also has filed a number of pretrial motions to exclude various theories of defense and specific testimony from WPs expert witnesses.  As you might expect, they take a completely different view of the situation. Wolfeboro has filed five pretrial … Continue reading →

If you’ve been following along with the RIB lawsuit events, you know that this is the crux of the matter.  Is it possible, as WP maintains, to fix the RIB site and get a reasonable service life from it, or … Continue reading →

The recent motions by Wright-Pierce in the RIB lawsuit calls into question the validity of the $10,326,883 damages claimed by Wolfeboro.  That is the amount of damages claimed by our experts, Fuss & O’Neill, in their initial expert report dated … Continue reading →

Last night, I spent a few hours reading over the dozen or so new motions that were just filed along with the pre-trial documents such as proposed jury instructions and witness lists.  The twists and turns of this lawsuit are … Continue reading →

This week saw a couple of events related to the RIB lawsuit.  As expected, the court granted Wolfeboro it’s costs in defending a motion to compel Wolfeboro to allow a site visit by Wright Pierce’s wetlands expert.  Wright Pierce had … Continue reading →

The latest standoff in the RIB lawsuit concerns who is going to pick up the tab for a court appearance in early February.  WP filed a motion to compel the town to allow their wetlands expert to examine the RIB … Continue reading →

Today, the court finally ruled on Wright-Pierce’s motion to reconsider the court’s refusal to extend the period to supplement expert testimony. That’s a mouthful, but what it boils down to is that Wright Pierce’s experts, Haley and Aldrich, inc., had … Continue reading →