Legal Opinion
Tuttle v. New Hampshire Medical Malpractice Joint Underwriting Ass'n
Supreme Court of New Hampshire
Decided January 28, 2010No. 2009-555PublishedCited by 16 opinions
1Opinion of the CourtConboy, J.
The State of New Hampshire, the Commissioner of Insurance, and the State Treasurer appeal an order of the Superior Court (McGuire, J.) declaring Laws 2009, 144:1 (the Act) unconstitutional. The Act requires the New Hampshire Medical Malpractice Joint Underwriting Association (JUA) to transfer a total of $110 million to the State’s general fund during fiscal years 2009,2010, and 2011. The trial court ruled that the Act constituted a taking without just compensation in violation of Part I, Article 12 of the State Constitution and the Fifth and Fourteenth Amendments to the Federal Constitution,…
2Cases cited47 opinions
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3Cited by16 opinions
- New Hampshire Health Care Ass'n v. GovernorSupreme Court of New Hampshire · 2011
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- Deere & Co. v. StateSupreme Court of New Hampshire · 2015
- Beshear v. Haydon Bridge Co.Kentucky Supreme Court · 2013
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