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  • Commentaries
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Vermont Case Commentaries

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required

Date: Sep 6, 2025
Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required Introduction In State v. Walter Taylor, III (Vt. Sept. 5, 2025), a three-justice panel...
State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal

Date: Sep 6, 2025
State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal Court: Vermont Supreme...
CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court

Date: Sep 6, 2025
CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court Note on precedential weight: This was an entry order by a...
Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Date: Sep 6, 2025
Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim Introduction This commentary examines the...
Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Date: Sep 6, 2025
Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established Court: Supreme Court of Vermont (Three-Justice Panel Entry Order) Case:...
Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity Factors Under 15 V.S.A. § 665

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity Factors Under 15 V.S.A. § 665

Date: Sep 6, 2025
Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity...
No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents

Date: Sep 6, 2025
No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents Grey Barreda v. Handy's Service Center, Vermont Supreme Court,...
Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity

Date: Sep 6, 2025
Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity Introduction This commentary examines the Vermont Supreme Court’s...
Precision in Preservation: Vermont Supreme Court Clarifies Waiver vs. Forfeiture and Reaffirms Limits on Public-Trial, Consequences Instructions, and Interpreter Claims — State v. Aita Gurung (2025 VT 52)

Precision in Preservation: Vermont Supreme Court Clarifies Waiver vs. Forfeiture and Reaffirms Limits on Public-Trial, Consequences Instructions, and Interpreter Claims — State v. Aita Gurung (2025 VT 52)

Date: Aug 30, 2025
Precision in Preservation: Vermont Supreme Court Clarifies Waiver vs. Forfeiture and Reaffirms Limits on Public-Trial, Consequences Instructions, and Interpreter Claims Case: State v. Aita Gurung,...
Traditional Minimum-Contacts, Not Zippo: Vermont Holds That Data‑for‑Service Contracts and Forum‑Targeted Ads Support Specific Jurisdiction over Social Media Platforms

Traditional Minimum-Contacts, Not Zippo: Vermont Holds That Data‑for‑Service Contracts and Forum‑Targeted Ads Support Specific Jurisdiction over Social Media Platforms

Date: Aug 30, 2025
Traditional Minimum-Contacts, Not Zippo: Vermont Holds That Data‑for‑Service Contracts and Forum‑Targeted Ads Support Specific Jurisdiction over Social Media Platforms Introduction In State v. Meta...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

Date: Aug 26, 2025
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Watrous v. Porter Medical Center (2025 VT 47):  Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Watrous v. Porter Medical Center (2025 VT 47): Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Date: Aug 19, 2025
Watrous v. Porter Medical Center (2025 VT 47) Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions 1. Introduction The Vermont Supreme...
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

Date: Aug 19, 2025
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations Commentary on In re Appeal of S.C.-M., 2025 VT 48 1. Introduction The Vermont Supreme Court’s...
“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

Date: Aug 19, 2025
“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules Introduction In In re Butterfly...
Administrative Deference & Severability of Ultra-Vires Conditions: 
          The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Date: Aug 19, 2025
Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025” Introduction On 14 August 2025, the...
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Date: Aug 13, 2025
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials 1. Introduction Case Name: Christina Walker...
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Date: Aug 13, 2025
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings Commentary on In re Appeal of T.J., 2025 VT ___ (Aug. 8, 2025) 1. Introduction The Vermont...
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Date: Aug 13, 2025
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 Introduction The Supreme Court of Vermont in In re...
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step
Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

Date: Aug 13, 2025
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b) 1. Introduction The Vermont Supreme Court’s entry order in In Re...
“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases

“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases

Date: Aug 13, 2025
“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases 1. Introduction In In...
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