Aranson v. Schroeder

Because I believe the majority’s recognition of a tort of malicious defense is unwise as a matter of policy, I respectfully dissent.

In Rockhouse Mountain Property Owners Association, Inc. v. Town of Conway, 127 N.H. 593, 503 A.2d 1385 (1986), this court acknowledged that recognition of a new cause of action is a question of policy that turns on whether the interest asserted by the plaintiffs should be legally recognized, and, if so, whether the relief sought is the appropriate way to recognize the interest. Id. at 597-98, 503 A.2d at 1387-88. The defendants in this case do not dispute that…