New Hampshire

Amchem Products, Inc. v. Windsor in New Hampshire Law

How Amchem Products, Inc. v. Windsor applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Procedure.

State Approach

New Hampshire follows similar principles to those established in Amchem, particularly regarding class action certification and the necessity of commonality and predominate issues among class members. The focus remains on ensuring that the class action serves the interests of justice and efficiency.

State Rule
In New Hampshire, class actions must meet the requirements of RSA 507-B, which outlines the necessity for common questions of law or fact and the typicality of claims among class members.
Significant State Cases

Cuddy v. McCarthy

The court held that the requirements for class certification were not met as individual issues predominated over common questions of law or fact.

Campbell v. Abbot

Class certification was denied because the plaintiffs failed to demonstrate that the common questions would predominate over the individual issues.

Comparison to Federal Law

While New Hampshire's approach to class actions aligns closely with the federal standard set forth in Rule 23, New Hampshire law places a greater emphasis on the specific articulations of RSA 507-B. Both systems require predominance and typicality, but New Hampshire courts may scrutinize the individual nuances of state-specific claims more rigorously.

Bar Exam Note

Class actions and the principles established in Amchem are often tested in the New Hampshire bar exam, specifically under civil procedure and civil litigation topics.

Practice Pointers
  • Always analyze whether common issues predominate over individual claims in class actions.
  • Familiarize yourself with RSA 507-B and its specific requirements for class certification.
  • Review significant New Hampshire cases addressing class actions to understand how local courts interpret the principles from Amchem.

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