Facilitative Mediation and Judicious Arbitration
During more than twenty years as a superior court judge, Kathleen McGuire presided over thousands of civil cases including numerous personal injury, contruction, tax, land use, employement and complex commercial cases. Notable among those cases is the liquidation of the Home Insurance and the US International Reinsurance Companies. This liquidation, one of the five largest in United States history, required establishing the framework for liquidation operations themselves as well as the procedures which governed the complex claims cases arising from the liquidator’s determinations. One of Judge McGuire’s decisions in that case, later affirmed by the New Hampshire Supreme Court, has had a significant impact on the global reinsurance industry.
More recently, Judge McGuire presided over Tuttle et. al. v. State of New Hampshire, in which the petitioners, health care providers insured by the New Hampshire Medical Malpractice Joint Underwriting Association (JUA), challenged the constitutionality of a statute requiring the JUA to transfer $110 million from the JUA to the state’s general fund. Judge McGuire determined that the JUA is not a part of state government and that the statute mandating transfer of the JUA funds constituted an unconstitutional taking of property belonging to JUA members and policyholders and impairment of contract obligations. This decision was affirmed by the New Hampshire Supreme Court.
Judge McGuire will use her experience and expertise to help your clients resolve their disputes through mediation or decide complex factual and legal issues through arbitration.
Copyright © 2012 Kathleen A. McGuire, All Rights Reserved.
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