Cited by
Opinions in New Hampshire that cite Tilton v. Dougherty, 493 A.2d 442.
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Petition of New Hampshire Division for Children, Youth and Families
N.H. 2023
See, e.g., Tilton v. Dougherty, 126 N.H. 294, 300 (1985) (“Sovereign immunity itself has been rejected by some members of this court, and whatever future the doctrine may have depends on the merits of the legislative response to the widespread dissatisfaction with it.”); see also Brosseau, 124 N.H. at 192 (opining that the legislature must “correct the present p
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Clifford E. Avery v. Commissioner, New Hampshire Department of Corrections
N.H. 2020
Tilton v. Dougherty, 126 N.H. 294, 297-98 (1985) (explaining “[o]fficial immunity is considered a distinct doctrine [from sovereign immunity] that shields State officials and employees themselves” and is “a derivative or extension of the doctrine of sovereign immunity”).
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Aranosian Oil Co., Inc. & a. v. State of New Hampshire
127 A.3d 665
N.H. 2015
Under the doctrine of sovereign immunity, the State is immune from suit in its courts without its consent.
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New Hampshire Municipal Association & a. v. New Hampshire Department of State & a.
N.H. 2015
Under the doctrine of sovereign immunity, the State cannot be sued in its own courts without its consent.
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Everitt v. General Electric Co.
932 A.2d 831
N.H. 2007
Tilton v. Dougherty, 126 N.H. 294, 298 (1985) (sovereign immunity); Merrill v. Manchester, 114 N.H. 722, 727 (1974) (municipal immunity).
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Bio Energy, LLC v. Town of Hopkinton
891 A.2d 509
N.H. 2005
“[W]e take as true all facts well pleaded, and construe all reasonable inferences therefrom in the light most favorable to the nonmoving party.” Tilton v. Dougherty, 126 N.H. 294, 296 (1985).
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Lorenz v. New Hampshire Administrative Office of Courts
883 A.2d 265
N.H. 2005
Tilton v. Dougherty, 126 N.H. 294, 298 (1985) (quotation omitted); see LaRoche, 134 N.H. at 566 (“[o]ur decisions have found express or implied consent to suit only in the acts of our legislature”).
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Hughes v. New Hampshire Division of Aeronautics
871 A.2d 18
N.H. 2005
Services, 141 N.H. 747, 749 (1997) (citing Tilton v. Dougherty, 126 N.H. 294, 297 (1985)).
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In re Estate of Raduazo
814 A.2d 147
N.H. 2002
Under the doctrine of sovereign immunity, the State cannot be sued in its own courts without its consent or permission.
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Mahan v. New Hampshire Department of Administrative Services
693 A.2d 79
N.H. 1997
*749 I. Sovereign Immunity Pursuant to the doctrine of sovereign immunity, the State may not be sued in State court without its consent.
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State v. Dexter
621 A.2d 435
N.H. 1993
“[Prosecutors] could not exercise independent discretion if they had to fear retribution from the government that would have to pay the judgment.” Tilton v. Dougherty, 126 N.H. 294, 299, 493 A.2d 442, 445-46 (1985); cf. RSA 541-B:19, 1(a) (Supp. 1992) (limited waiver of sovereign immunity for State, its officials and employees not applicable to claim based on exercise of judicial function).
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Belcher v. Paine
612 A.2d 1318
N.H. 1992
Tilton v. Dougherty, 126 N.H. 294, 493 A.2d 442 (1985); Moore, 94 N.H. 387, 54 A.2d 167; Evans, 1 N.H. 374.
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Estate of LaRoche v. Doe
594 A.2d 1297
N.H. 1991
Under the doctrine, the State cannot be sued in its own courts unless it consents to such suit.
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Richardson v. Chevrefils
552 A.2d 89
N.H. 1988
The doctrine of qualified immunity is a creature of federal law, as to which our holding in Tilton v. Dougherty, 126 N.H. 294, 493 A.2d 442 (1985), is irrelevant.
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Newell v. New Hampshire Division of Welfare & Roland Couture
550 A.2d 109
N.H. 1988
Tilton v. Dougherty, 126 N.H. 294, 300, 493 A.2d 442, 446 (1985); State v. Brosseau, 124 N.H. 184, 192, 470 A.2d 869, 874 (1983).
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Opinion of the Justices
493 A.2d 1182
N.H. 1985
Similarly, in Tilton v. Dougherty, 126 N.H. 294, 300, 493 A.2d 442, 446 (1985), Justice Brock, writing for the court, stated, “whatever future the [sovereign immunity] doctrine may have depends on the merits of the legislative response to the widespread dissatisfaction with it.” As the resolution certifying the bill to our consideration makes clear, HB 440 is a le