REMSBURG v. DOCUSEARCH

No. 2002-255.

149 N.H. 148 (2003)

HELEN REMSBURG, ADMINISTRATRIX OF THE ESTATE OF AMY LYNN BOYER v. DOCUSEARCH, INC., D/B/A DOCUSEARCH.COM & a.

Supreme Court of New Hampshire.

Opinion Issued: February 18, 2003.


Attorney(s) appearing for the Case

Gottesman and Hollis, P.A., of Nashua (David A. Gottesman and Anna Barbara Hantz on the brief, and Mr. Gottesman orally), for the plaintiff.

Getman, Stacey, Tamposi, Schulthess & Steere, PA, of Bedford (Andrew R. Schulman and Dona Feeney on the brief, and Mr. Schulman orally), for defendants Docusearch Inc., Wing and a Prayer, Inc. and Daniel Cohn.

Law Office of Hess & Fraas, of Bow (Carol L. Hess on the brief), for defendant Kenneth Zeiss.

Sichenzia Ross Friedman & Ference, of New York, New York (Steven B. Ross on the brief), and Brennan Caron Lenehan & Iacopino, of Manchester (Michael J. Iacopino on the brief and orally), for defendant Michele Gambino.

Chris J. Hoofnagle & a., of Washington, D.C., by brief, for the Electronic Privacy Information Center, as amicus curiae.

Scott H. Harris, of Manchester, by brief, for the New Hampshire Trial Lawyers Association, as amicus curiae.

John M. Healy and Jordan G. Ulery, appearing pursuant to Supreme Court Rule 33(2), by brief, for the New Hampshire League of Investigators, Inc., as amicus curiae.


DALIANIS, J.

Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Barbadoro, C.J.) certified to us the following questions of law:

1. Under the common law of New Hampshire and in light of the undisputed facts presented by this case, does a private investigator or information broker who sells information to a client pertaining to a third party have a cognizable legal duty to that third party with respect...

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