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  • Commentaries
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Vermont Case Commentaries

Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context

Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context

Date: Jul 23, 2025
Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context 1. Introduction In WWSAF Special Partners Group, LLC (Series D) v. Costello, Valente &...
Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025)

Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025)

Date: Jul 23, 2025
Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025) Introduction On 16 July 2025 a specially-assigned Justice of the Vermont...
Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Date: Jul 13, 2025
Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception Commentary on Aleksandra Veljovic v. TD Bank, N.A., 2025 VT 38 (Vt. July 11, 2025) 1....
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

Date: Jul 13, 2025
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont 1. Introduction Allen Pigeon v. Hazen Stone and numerous State defendants presented the...
“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt

“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt

Date: Jul 13, 2025
“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt Introduction Cindy Gaines v. Edmund Gaines,...

        The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

Date: Jul 13, 2025
The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals 1. Introduction George Woods, Jr., a self-represented litigant, sought appellate...
“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases

“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases

Date: Jul 13, 2025
“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases 1. Introduction In In re A.B. & B.B., Juveniles, 2025 VT ___...
“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits /
           Temporary-Care Hearings and Re-affirms Termination of Parental Rights at
           Initial Disposition without a Reasonable-Efforts Finding

“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits / Temporary-Care Hearings and Re-affirms Termination of Parental Rights at Initial Disposition without a Reasonable-Efforts Finding

Date: Jul 13, 2025
“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits / Temporary-Care Hearings and Re-affirms Termination of Parental Rights at Initial Disposition without a Reasonable-Efforts...
Expedited Review and Mootness in Extradition Habeas Appeals: Commentary on In Re James Fredrick (2025 VT 37)

Expedited Review and Mootness in Extradition Habeas Appeals: Commentary on In Re James Fredrick (2025 VT 37)

Date: Jul 13, 2025
Expedited Review and Mootness in Extradition Habeas Appeals A Commentary on the Supreme Court of Vermont’s Decision in In Re James Fredrick, 2025 VT 37 1. Introduction The Vermont Supreme Court’s...
Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (2025)

Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (2025)

Date: Jul 13, 2025
Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (Vt. 2025) 1. Introduction The Vermont Supreme Court’s July 2025 entry order...
“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General Opinions

“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General Opinions

Date: Jul 13, 2025
“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General...
State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review

State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review

Date: Jul 13, 2025
State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review 1. Introduction In State v. Harley Breer, Jr., 2025 VT ___ (No. 24-AP-308),...
Belter v. Burlington (2025): Refining Party-Joinder and Municipal-Immunity Doctrine in Vermont Environmental Tort Litigation

Belter v. Burlington (2025): Refining Party-Joinder and Municipal-Immunity Doctrine in Vermont Environmental Tort Litigation

Date: Jul 4, 2025
Belter v. City of Burlington (2025 VT 35): Refining Party-Joinder and Municipal-Immunity Doctrine in Vermont Environmental Tort Litigation Introduction Belter v. City of Burlington is a 2025 decision...
DNA-Based Exoneration as the Exclusive Gateway to VIPA Compensation: A Commentary on Reynolds v. State of Vermont (2025 VT 34)

DNA-Based Exoneration as the Exclusive Gateway to VIPA Compensation: A Commentary on Reynolds v. State of Vermont (2025 VT 34)

Date: Jul 4, 2025
DNA-Based Exoneration as the Exclusive Gateway to VIPA Compensation: A Comprehensive Commentary on Stanley Reynolds v. State of Vermont, 2025 VT 34 1. Introduction In Reynolds v. State of Vermont,...
Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Date: Jun 23, 2025
Kilburn v. VCAM Commentary: A New Path for Emotional-Distress Recovery in Negligent-Supervision Actions Introduction Ciara Kilburn & Brona Kilburn v. Bill Simmon & Vermont Community Access Media,...
Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Date: Jun 23, 2025
Shaffer v. Northeast Kingdom Human Services, Inc.: 2025 VT 31 – A New Limit on “Empty-Chair” Comparative Negligence in Vermont Introduction In Shaffer v. Northeast Kingdom Human Services, Inc., the...
Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit

Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit

Date: Jun 18, 2025
Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit 1. Introduction In In re SM Farms Shop, LLC Permit Appeal, 2025 VT 33,...
“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers – Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT 30

“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers – Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT 30

Date: Jun 18, 2025
“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT...
“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

Date: Jun 11, 2025
Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations: An In-Depth Commentary on 32 Intervale, LLC v. City of Burlington, 2025 VT ___ 1. Introduction 32 Intervale, LLC v....
Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004

Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004

Date: Jun 11, 2025
Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004 Introduction On 6 June 2025 the Supreme Court of Vermont...
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