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January 6, 2026

Kicking off the new year with progress in court cases

Happy New Year! We hope you enjoyed the holiday season and your 2026 is off to a great start.

We have several updates on YDC court cases to share with you this week.

Progress in contractor defendant cases

The New Hampshire Supreme Court has scheduled a hearing in John Doe #533 v. NH Department of Health & Human Services &a. for 10:00 am on January 27, 2026. This appeal will determine how the statute of limitations—or the deadline to begin legal proceedings after an event has occurred— applies to cases involving contractor defendants such as Mount Prospect Academy, Eckerd Youth Alternatives, and other residential schools and group homes.

This development marks progress for all the contractor cases filed in Rockingham County, which are currently paused while the supreme court considers the appeal. Once the supreme court rules—which typically happens within a few months after oral argument—the stay (pause) will lift and all contractor cases can proceed.

David Meehan appeal

Our Nixon/Rilee team is planning to submit an additional brief this week that will advance our appeal in the David Meehan case. We are asking the court to help resolve the unacceptable cap the state attempted to impose on the historic $38 million judgment that jurors initially delivered to David Meehan. The supreme court heard oral argument in the appeal back in November and asked both parties to submit additional information that will help it determine its ruling.

We hope to receive a decision from the supreme court very soon. After that, we can proceed with additional trials, keeping pressure and public attention on the state’s mismanagement of its youth facilities.

Motion to reconsider denied in Settlement Fund class action

Finally, we received some disappointing news last week when Judge James Kennedy denied our motion to reconsider Judge Dan St. Hilaire’s order. We wanted Judge Kennedy to reconsider Judge St. Hilaire’s order denying a preliminary injunction, which would have prevented the state from enforcing problematic changes to the Settlement Fund while our lawsuit is pending. These changes make the Settlement Fund administrator a political position and give the attorney general power to reject the administrator’s awards.

This ruling, while disappointing, is not final and does not end our case. Instead, the case will continue working through the superior court. We are currently considering how best to proceed here, including whether to take an immediate appeal to the supreme court or to further develop the factual record in the superior court.

In the meantime, if you have submitted a Settlement Fund claim, we recommend that you stay the course for now. We will be sure to let you know should our advice change as the legal process unfolds.  


Thank you for the trust you have placed in us. Rest assured we are with you every step of the way on the path to justice. As always, be sure to check Case Status regularly for updates.

Thank you,

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Dave Vicinanzo Rus Rilee

David Vicinanzo
Nixon Peabody

Rus Rilee
Rilee & Associates

Contacting Your Lawyers

Speaking with an attorney. If you need to speak with a member of the Nixon Peabody/Rilee & Associates legal team, please reach out to schedule an appointment.

Client Call Center: 603.628.4060
Rus and Laurie Rilee: 603.232.8234
Email: YDCLawyers@nixonpeabody.com