67 Etna Road
Lebanon, NH 03766-1461
ph: 603-448-2211
dir: 802-748-8324
Overview

Highly-experienced litigation lawyer.

With more than twenty years’ experience as a litigator, Kate Strickland brings common sense, high-quality, cost-effective representation to clients involved in a wide range of disputes. Kate actively practices in New Hampshire and Vermont with a focus on litigation matters such as personal injury, wrongful death, construction defects, products liability, insurance coverage, lender liability, loan enforcement, foreclosures, bankruptcy, replevin, motor vehicle arbitration claims, and probate. Skilled in the use of Alternative Dispute Resolution, Kate is also prepared to try cases to verdict, and has done so in lender liability, adversary proceedings, intellectual property, premises liability, personal injury, and construction defect cases.

Experience
  • Successfully petitioned the United States Supreme Court for a Writ of Certiorari in a case involving federal preemption and the motor carrier industry.
  • Successfully moved to dismiss a condominium association’s foreclosure counterclaim against a lender seeking to have the lender pay unpaid condominium fees from the proceeds of the foreclosure sale.
  • Obtained summary judgment for a lender where the borrower contested the validity of a foreclosure action on numerous grounds, including the validity of the note and rights obtained by a successor corporation via merger; affirmed by the New Hampshire Supreme Court in a 2016 unpublished decision.
  • Obtained 2016 verdict in favor of a lender in an adversary proceeding in New Hampshire Bankruptcy Court involving a claim of violation of the discharge injunction.
  • Tried to verdict a case contesting the validity of a foreclosure action on numerous grounds, including several alleged constitutional issues; affirmed by the New Hampshire Supreme Court in a 2015 unpublished decision.
  • Obtained summary judgment for a lender in a case contesting the validity of post-foreclosure actions taken by the lender related to recording issues; upheld by the New Hampshire Supreme Court in a 2014 unpublished decision.
  • Prevailed on appeal of a decision finding the registered manager of a limited liability company personally liable for a debt in an unpublished 2013 decision of the New Hampshire Supreme Court.
  • Successfully negotiated a plan to provide an elderly individual with the least restrictive environment while ensuring necessary support services are available.
  • Served as local counsel during a three month trial involving 31 days of testimony in the successful defense of an out-of-state corporation charged with misappropriating trade secrets.
  • Obtained summary judgment on a decision based on the doctrine of primary implied assumption of the risk, which bars claims where a plaintiff voluntarily and knowingly assumes the risks inherent in the sporting activity.
  • Successfully resolved an intellectual property dispute involving tangible and intangible property arising out of a foreclosure.
  • Tried to verdict a personal injury case where plaintiff’s request for additur was denied; affirmed on appeal in an unwritten decision by the New Hampshire Supreme Court in 2008.
Education

Boston College Law School, J.D., 1992, Boston College Law Review

University of Florida, Ph.D., Curriculum and Instruction, 1976

University of Wisconsin, M.S. Curriculum and Instruction, 1971

University of Wisconsin, B.A. Art History, 1970

Admissions & Clerkships

New Hampshire, 1992

United States District Court, District of New Hampshire, 1992

United States District Court, District of Vermont, 1993

Vermont, 1994

United States Court of Appeals, First Circuit, 2004

United States Bankruptcy Court, District of New Hampshire, 2002

United States Bankruptcy Court, District of Vermont, 2009

United States Supreme Court, 2013

Memberships & Activities
  • American Bar Association
  • New Hampshire Bar Association
  • Vermont Bar Association
  • Defense Research Institute
Publications & Presentations

Publications:

  • The School Finance Reform Movement, A History and Prognosis, 32 Boston College Law Review 1105 (September 1991) (cited in McDuffy v. Secretary of the Executive Office of Education, 415 Mass. 545, 615 N.E.2d 516 (1993).
  • Eight-Year Study, International Encyclopedia of Education (Pergamon Press, Oxford, England 1990).
  • Curriculum History: Its Past, Present and Future, Curriculum History, pp. 24-26 (University Press of America, Lanham, MD 1989).
  • Ralph W. Tyler A Special Topic Edition, 21 Journal of Thought No. 1, (University of Oklahoma, Norman, Oklahoma, Spring 1986).
  • Ralph W. Tyler: In Retrospect, 21 Journal of Thought No. 1, pp. 88-90 (University of Oklahoma, Norman, Oklahoma Spring 1986).
  • Proceedings of the Society for the Study of Curriculum History (1986).
Reported Cases
  • Ladebush v. Beneficial N.H., Inc. (In re Ladebush, No. 11-10763-JMD, 2016 BL 47079 (Bankr. D.N.H. Feb. 18, 2016).
  • Cosgwell Farm Condominium Association v. Tower Group, Inc., 169 N.H. 245 (2015).
  • Robert Pelkey v. Dan’s City’s Used Cars, Inc., 163 N.H. 483 (2012)
  • N.H. Ball Bearings v. Jackson, 158 N.H. 421 (2009)
  • Werne v. Executive Women’s Golf Assoc., 158 N.H. 373 (2009)
67 Etna Road
Lebanon, NH 03766-1461
ph: 603-448-2211
dir: 802-748-8324
kstrickland@drm.com
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