Vermont Case Commentaries

New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont – State of Vermont v. Ryan Sartwell

Date: Mar 15, 2025

New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont Introduction In the landmark case of State of Vermont v. Ryan Sartwell (2025 Vt. 13), the Supreme Court of Vermont has...

Reciprocal Discipline in Vermont Is Limited to the Face of the Foreign Record; Consent Disbarment Bars Later Relitigation Under A.O. 9, Rule 24(D)

Date: Mar 15, 2025

Reciprocal Discipline in Vermont Is Limited to the Face of the Foreign Record; Consent Disbarment Bars Later Relitigation Under A.O. 9, Rule 24(D) Case: In Re Matthew Ragaller (Office of Disciplinary...

Threatening “Advocacy” as Civil Stalking: True Threats, Minimal Course-of-Conduct Proof, and Broad Protective Conditions Under 12 V.S.A. ch. 178

Date: Mar 15, 2025

Threatening “Advocacy” as Civil Stalking: True Threats, Minimal Course-of-Conduct Proof, and Broad Protective Conditions Under 12 V.S.A. ch. 178 Nonprecedential posture: The decision is an Entry...

Maintenance Is Not a Substitute for Treating a Defined-Benefit Pension as Marital Property

Date: Mar 15, 2025

Maintenance Is Not a Substitute for Treating a Defined-Benefit Pension as Marital Property Case: Brian Clifford v. Shauna Clifford (Vt. Sup. Ct., Mar. 14, 2025) — Entry Order (three-justice panel;...

Stagnation Despite Program Completion: Termination Affirmed Where a Parent Cannot Sustain Engagement and the Child Needs Permanency

Date: Mar 15, 2025

Stagnation Despite Program Completion: Termination Affirmed Where a Parent Cannot Sustain Engagement and the Child Needs Permanency 1. Introduction In re O.S., Juvenile (C.S., Father*) (Vt. Mar. 14,...

Actual Notice Satisfies Due Process Despite Defective Service of Summary-Judgment Papers; Courts May Enforce Expert-Disclosure Deadlines Against Pro Se Litigants

Date: Mar 15, 2025

Actual Notice Satisfies Due Process Despite Defective Service of Summary-Judgment Papers; Courts May Enforce Expert-Disclosure Deadlines Against Pro Se Litigants Case: Victor Calderon v. Brown's...

Establishing the Limits of Modifying Evidence in Judgment of Acquittal Motions: State v. Merwin

Date: Mar 15, 2025

Establishing the Limits of Modifying Evidence in Judgment of Acquittal Motions: State v. Merwin Introduction The case of State of Vermont v. Matthew C. Merwin presents a significant development...

Exclusion of Pension Rights as Marital Assets: Implications for Equitable Divorce Divisions

Date: Mar 15, 2025

Exclusion of Pension Rights as Marital Assets: Implications for Equitable Divorce Divisions Introduction The case of Brian Clifford v. Shauna Clifford addresses critical issues in divorce proceedings...

Ensuring Procedural Preservation in RFA Extensions: Lessons from Amy Spooner v. Jon Milizia

Date: Mar 15, 2025

Ensuring Procedural Preservation in RFA Extensions: Lessons from Amy Spooner v. Jon Milizia Introduction The judgment in Amy Spooner v. Jon Milizia from the Supreme Court of Vermont (dated March 14,...

Prescriptive Easement and Maintenance Rights: Vermont’s Expansive Approach to Water Access

Date: Mar 15, 2025

Prescriptive Easement and Maintenance Rights: Vermont’s Expansive Approach to Water Access Introduction The case of Amy Logue & Scott Bedell v. Katherine Richmond presents a detailed dispute...

Parental Stagnation and Child Permanency: New Precedents in Termination of Parental Rights

Date: Mar 15, 2025

Parental Stagnation and Child Permanency: New Precedents in Termination of Parental Rights Introduction The case of In re O.S., Juvenile C.S., Father, decided by the Supreme Court of Vermont on March...

Rule 60(b) Is Not a Do-Over: Previously Available Discovery and Counsel’s Tactical Choices Do Not Justify Reopening a Final Judgment

Date: Mar 15, 2025

Rule 60(b) Is Not a Do-Over: Previously Available Discovery and Counsel’s Tactical Choices Do Not Justify Reopening a Final Judgment Introduction Zephryn Hammond v. University of Vermont Medical...

V.R.C.P. 19(a) and Prescriptive Spring Easements: Nonparty Intervening Owner Not Required; Reasonable Upgrades Allowed

Date: Mar 15, 2025

V.R.C.P. 19(a) and Prescriptive Spring Easements: Nonparty Intervening Owner Not Required; Reasonable Upgrades Allowed Introduction In Amy Logue & Scott Bedell v. Katherine Richmond (Vt. Mar. 14,...

Affirming the Sufficiency of Evidence Standard in Obstruction Charges and Conditions of Release Violations

Date: Mar 15, 2025

Affirming the Sufficiency of Evidence Standard in Obstruction Charges and Conditions of Release Violations Introduction In the recent decision of State of Vermont v. Joshua Sabens, the Supreme Court...

Judicial Affirmation of Discretion in Denial of Post-Judgment Relief Motions

Date: Mar 15, 2025

Judicial Affirmation of Discretion in Denial of Post-Judgment Relief Motions Introduction The judgment in Zephryn Hammond v. University of Vermont Medical Center marks a significant development in...

New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute

Date: Mar 15, 2025

New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute Introduction The case of Violet Nichols v. Robert Lafayette, decided on March 14, 2025 by the Supreme...

Clarifying the Threshold for New Trial Motions Based on False Witness Testimony

Date: Mar 15, 2025

Clarifying the Threshold for New Trial Motions Based on False Witness Testimony Introduction In the recent decision of State of Vermont v. Mitchell Maldonado, Jr., the Supreme Court of Vermont...

Preservation of Service-and-Notice Objections in RFA Extension Proceedings Despite Actual Notice

Date: Mar 15, 2025

Preservation of Service-and-Notice Objections in RFA Extension Proceedings Despite Actual Notice Introduction In Amy Spooner v. Jon Milizia (Vt. Mar. 14, 2025), defendant Jon Milizia, appearing pro...

Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA

Date: Feb 25, 2025

Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA Introduction This commentary analyzes the recent Supreme Court of Vermont decision in In re United Auto Workers, Local...

Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent

Date: Feb 20, 2025

Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent Introduction In the case of Richard McCormack & Tanya Vyhovsky v. Phil Scott & Zoie Saunders (2025...