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  • Commentaries
  • Judgments

Vermont Case Commentaries

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Date: Dec 14, 2025
Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures I. Introduction In Amber Neddo, as Guardian & Next Friend to Z.N.,...
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Date: Dec 14, 2025
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC, 2025 VT 65 I. Introduction The...
Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Date: Dec 14, 2025
Reaffirming Person-Specific Mootness: In re Appeal of H.D. (DCF, Appellant) and the Limits of the “Capable of Repetition, Yet Evading Review” Exception I. Introduction The Vermont Supreme Court’s...

        Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: 
        Commentary on Laura Isham v. Zachary Isham

Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: Commentary on Laura Isham v. Zachary Isham

Date: Dec 7, 2025
Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: Commentary on Laura Isham v. Zachary Isham I. Introduction This commentary analyzes the Vermont...
Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse

Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse

Date: Dec 7, 2025
Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse I. Introduction This commentary analyzes the Vermont Supreme Court’s three-justice...

        State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence

State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence

Date: Dec 6, 2025
State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence 1. Introduction This commentary analyzes the Vermont Supreme...
Kendall v. Kendall: Requirement of Express Rule 24(a)(2) Analysis for Nonparty Intervention in Post‑Judgment Divorce Enforcement

Kendall v. Kendall: Requirement of Express Rule 24(a)(2) Analysis for Nonparty Intervention in Post‑Judgment Divorce Enforcement

Date: Dec 6, 2025
Kendall v. Kendall: Requirement of Express Rule 24(a)(2) Analysis for Nonparty Intervention in Post‑Judgment Divorce Enforcement I. Introduction The Vermont Supreme Court’s entry order in Michelle...
Henry v. Carrara: Clarifying the Obligation to Classify Nominal Spousal Maintenance as Rehabilitative or Permanent

Henry v. Carrara: Clarifying the Obligation to Classify Nominal Spousal Maintenance as Rehabilitative or Permanent

Date: Dec 6, 2025
Henry v. Carrara: Clarifying the Obligation to Classify Nominal Spousal Maintenance as Rehabilitative or Permanent I. Introduction The Vermont Supreme Court’s entry order in Kara Henry v. Jason...
Balise v. Department of Labor: Record-Based Review and Health-Related Defenses in Unemployment Misconduct Cases

Balise v. Department of Labor: Record-Based Review and Health-Related Defenses in Unemployment Misconduct Cases

Date: Dec 6, 2025
Balise v. Department of Labor: Record-Based Review and Health-Related Defenses in Unemployment Misconduct Cases Court: Vermont Supreme Court (three-justice panel, nonprecedential entry order) Case:...

        Implied Online Violence as a “True Threat” and Social‑Media “Monitoring” under Vermont’s Civil Stalking Statute:
        Commentary on Brian Tomlinson v. Kathleen Lovell

Implied Online Violence as a “True Threat” and Social‑Media “Monitoring” under Vermont’s Civil Stalking Statute: Commentary on Brian Tomlinson v. Kathleen Lovell

Date: Dec 6, 2025
Implied Online Violence as a “True Threat” and Social‑Media “Monitoring” under Vermont’s Civil Stalking Statute: Commentary on Brian Tomlinson v. Kathleen Lovell I. Introduction This commentary...

    Physical Neglect, Poverty, and Court Authority to Order Mental-Health Evaluations in CHINS Reunification Cases:
    Commentary on In re J.D. & C.D., Juveniles

Physical Neglect, Poverty, and Court Authority to Order Mental-Health Evaluations in CHINS Reunification Cases: Commentary on In re J.D. & C.D., Juveniles

Date: Dec 6, 2025
Physical Neglect, Poverty, and Court Authority to Order Mental-Health Evaluations in CHINS Reunification Cases: Commentary on In re J.D. & C.D., Juveniles Case: In re J.D. and C.D., Juveniles (S.D.,...
Trial Court Discretion Over Pro Se Filings by Represented Parents in Vermont CHINS Proceedings: Commentary on In re G.B., Juvenile (2025)

Trial Court Discretion Over Pro Se Filings by Represented Parents in Vermont CHINS Proceedings: Commentary on In re G.B., Juvenile (2025)

Date: Dec 6, 2025
Trial Court Discretion Over Pro Se Filings by Represented Parents in Vermont CHINS Proceedings Commentary on In re G.B., Juvenile, Vt. Supreme Court, Entry Order (Dec. Term 2025) 1. Introduction This...
Heavy Cannabis Use, Special Medical Needs, and Parental Stagnation in Vermont CHINS Cases: Commentary on In re N.S.

Heavy Cannabis Use, Special Medical Needs, and Parental Stagnation in Vermont CHINS Cases: Commentary on In re N.S.

Date: Dec 6, 2025
Heavy Cannabis Use, Special Medical Needs, and Parental Stagnation in Vermont CHINS Cases: Commentary on In re N.S. (Vt. Dec. 5, 2025) Note on precedential value: This decision is an entry order of a...
Reaffirming Absolute Prosecutorial Immunity and Rule 11 Duties of Pro Se Litigants: Commentary on Rivard v. Windham State’s Attorney

Reaffirming Absolute Prosecutorial Immunity and Rule 11 Duties of Pro Se Litigants: Commentary on Rivard v. Windham State’s Attorney

Date: Dec 6, 2025
Reaffirming Absolute Prosecutorial Immunity and Rule 11 Duties of Pro Se Litigants: Commentary on Rivard v. Windham State’s Attorney 1. Introduction This commentary analyzes the Vermont Supreme...
Reasonableness, Not Ability to Pay: Attorney’s Fees Under Vermont’s Abusive-Litigation Statute in Knapp (Dasler) v. Dasler

Reasonableness, Not Ability to Pay: Attorney’s Fees Under Vermont’s Abusive-Litigation Statute in Knapp (Dasler) v. Dasler

Date: Dec 6, 2025
Reasonableness, Not Ability to Pay: Attorney’s Fees Under Vermont’s Abusive-Litigation Statute in Knapp (Dasler) v. Dasler I. Introduction The Vermont Supreme Court’s decision in Jennifer Knapp...
Due Consideration and Preferred Sites: Vermont Supreme Court Reaffirms Limits of Municipal Control and Deference to Agency Expertise in Solar Siting

Due Consideration and Preferred Sites: Vermont Supreme Court Reaffirms Limits of Municipal Control and Deference to Agency Expertise in Solar Siting

Date: Dec 6, 2025
Due Consideration and Preferred Sites: Vermont Supreme Court Reaffirms Limits of Municipal Control and Deference to Agency Expertise in Solar Siting I. Introduction In In re Petition of Randolph...
Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child

Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child

Date: Nov 15, 2025
Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child I. Introduction The Vermont Supreme Court’s decision in State v. Cody...
Broad Stop‑Sale Authority and Strict Record Requirements in Cannabis Enforcement: Commentary on In re Holland Cannabis, LLC, 2025 VT 61

Broad Stop‑Sale Authority and Strict Record Requirements in Cannabis Enforcement: Commentary on In re Holland Cannabis, LLC, 2025 VT 61

Date: Nov 15, 2025
Broad Stop‑Sale Authority of the Cannabis Control Board and Strict Record Requirements for Bias Claims: Commentary on In re Holland Cannabis, LLC, 2025 VT 61 I. Introduction In In re Holland...
Standing in Private Mortgage Foreclosures: The Vermont Supreme Court Reaffirms Kimball and Confirms Jurisdictional Limits in Bank of New York Mellon v. Quinn

Standing in Private Mortgage Foreclosures: The Vermont Supreme Court Reaffirms Kimball and Confirms Jurisdictional Limits in Bank of New York Mellon v. Quinn

Date: Nov 8, 2025
Standing in Private Mortgage Foreclosures: The Vermont Supreme Court Reaffirms Kimball and Confirms Jurisdictional Limits in Bank of New York Mellon v. Quinn I. Introduction The Vermont Supreme...
Circumstantial Proof of Animal Pain in Civil Forfeiture: Commentary on State v. Ruiz (Vt. 2025)

Circumstantial Proof of Animal Pain in Civil Forfeiture: Commentary on State v. Ruiz (Vt. 2025)

Date: Nov 8, 2025
Inferring Animal Pain from Circumstantial Evidence in Civil Forfeiture Proceedings: A Detailed Commentary on State v. Johnathan Ruiz, Vt. Supreme Court (Nov. 7, 2025) I. Introduction This commentary...
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