Vermont Case Commentaries

Subdivision Access Litigation: Environmental Division May Decide Fee Ownership/Right-of-Way Over a Discontinued Road, and Unrebutted Rule 56 Fact Statements Control

Date: Aug 28, 2026

Subdivision Access Litigation: Environmental Division May Decide Fee Ownership/Right-of-Way Over a Discontinued Road, and Unrebutted Rule 56 Fact Statements Control Case: In Re Ranney Dairy Farm, LLC...

Nonprecedential Entry Order Reinforcing Appellate Standing, Issue Preservation, and Proof of Habitability Damages in Vermont Eviction Litigation

Date: Aug 28, 2026

Nonprecedential Entry Order Reinforcing Appellate Standing, Issue Preservation, and Proof of Habitability Damages in Vermont Eviction Litigation Introduction In Juliet Stephens v. Shannon Gilmour...

Rule 59(e) Cannot Cure Unraised Consolidation Errors; Courts Need Not Judicially Notice RFA Findings to Reshape PCC in Divorce

Date: Aug 28, 2026

Rule 59(e) Cannot Cure Unraised Consolidation Errors; Courts Need Not Judicially Notice RFA Findings to Reshape PCC in Divorce I. Introduction Shamitra Lefebvre (Mother) appealed a final divorce...

State v. Harry Williams: “Private-Vicinity Proximity” as Prohibited Minor Contact and “Maintain” as Failure to Disengage

Date: Aug 28, 2026

State v. Harry Williams: “Private-Vicinity Proximity” as Prohibited Minor Contact and “Maintain” as Failure to Disengage Court: Supreme Court of Vermont (Entry Order) | Date: 2026-08-21 | Case No.:...

Late-Disclosed Body-Camera Evidence Does Not Warrant a New Trial Absent Concrete Prejudice; Intoxication Videos Not Excluded Under Rules 403/404(b)

Date: Aug 28, 2026

Late-Disclosed Body-Camera Evidence Does Not Warrant a New Trial Absent Concrete Prejudice; Intoxication Videos Not Excluded Under Rules 403/404(b) Introduction In State v. Lucas Avis (Vt. Sup. Ct....

IIED Causation Requires Non-Speculative Proof Where Plaintiff Has Preexisting Mental-Health Symptoms

Date: Aug 28, 2026

IIED Causation Requires Non-Speculative Proof Where Plaintiff Has Preexisting Mental-Health Symptoms 1. Introduction In Todd Ramos v. Thomas Shea (Vt. Aug. 21, 2026) (Entry Order), the Vermont...

Adjunct Faculty Unemployment: The “Regular but Not Successive Terms” Exclusion Applies When Spring–Fall Work Is Agreed and Fall Work Is Reasonably Assured

Date: Aug 28, 2026

Adjunct Faculty Unemployment: The “Regular but Not Successive Terms” Exclusion Applies When Spring–Fall Work Is Agreed and Fall Work Is Reasonably Assured 1. Introduction In Vermont State Colleges v....

Usury as a Waivable Affirmative Defense: Vermont Requires Reassertion at Summary Judgment and Permits Enforcement at the Legal Interest Rate Absent a Preserved § 50(b) Claim

Date: Aug 8, 2026

Usury as a Waivable Affirmative Defense: Vermont Requires Reassertion at Summary Judgment and Permits Enforcement at the Legal Interest Rate Absent a Preserved § 50(b) Claim 1. Introduction In...

Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554

Date: Jul 24, 2026

Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554 1. Introduction In State of Vermont v. Dennis McLaughlin...

Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F))

Date: Jul 24, 2026

Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F)) Case: In re Eva Vekos, Esq. (Office...

Contractual Fee-Shifting Remains Enforceable for Distinct Nonwage Employment Claims Despite 21 V.S.A. § 347

Date: Jul 18, 2026

Contractual Fee-Shifting Remains Enforceable for Distinct Nonwage Employment Claims Despite 21 V.S.A. § 347 Elizabeth Rossetti v. Bare, Ltd. and Jamie Spano, 2026 VT 28 (Vt. July 17, 2026) I....

Wakefield v. Wakefield (2026 VT 34): Text-First Enforcement of Premarital Separate-Property Clauses and No Constructive Abandonment by Contemporaneous Estate Planning

Date: Jul 18, 2026

Wakefield v. Wakefield (2026 VT 34): Text-First Enforcement of Premarital Separate-Property Clauses and No Constructive Abandonment by Contemporaneous Estate Planning 1. Introduction Scott Wakefield...

State v. Chamberlin: Circumstantial Proof of Penetration and Contextual Admission of Subsequent Out-of-State Abuse

Date: Jul 18, 2026

State v. Chamberlin: Circumstantial Proof of Penetration and Contextual Admission of Subsequent Out-of-State Abuse 1. Introduction In State v. Richard J. Chamberlin (2026 VT 29), the Vermont Supreme...

2026 VT 31 — Low Noneconomic Damages Upheld Absent Clear Proof of Compromise; Premises-Liability Instructions Need Not Track Restatement § 343 Verbatim

Date: Jul 18, 2026

2026 VT 31 (Justin Tiedemann v. Bernard Wheeler & Catherine Wheeler): Low Noneconomic Damages Upheld Absent Clear Proof of Compromise; Premises-Liability Instructions Need Not Track Restatement § 343...

Mutual-Wills Contracts Bind the Surviving Spouse’s Nonprobate Survivorship Property and Bar Bad-Faith Lifetime Diversions

Date: Jul 18, 2026

Mutual-Wills Contracts Bind the Surviving Spouse’s Nonprobate Survivorship Property and Bar Bad-Faith Lifetime Diversions Case: Susan Inouye v. Estate of Patricia McHugo (Gregory McHugo and Nancy...

Probation Conditions Are Not a Substitute for Extending a Relief-from-Abuse Order

Date: Jul 18, 2026

Probation Conditions Are Not a Substitute for Extending a Relief-from-Abuse Order 1. Introduction In Jennifer Townsend v. Cody Townsend (2026 VT 32), the Vermont Supreme Court reviewed a Windsor...

Incomplete Appellate Transcript in Vermont Bench-Trial Appeals Presumes Trial Findings and Waives Fact-Based Challenges

Date: Jul 16, 2026

Incomplete Appellate Transcript in Vermont Bench-Trial Appeals Presumes Trial Findings and Waives Fact-Based Challenges Case: Jessica Floyd v. Michelle LeBlanc (Vt. Sup. Ct., July 10, 2026) — Entry...

Aggravated Stalking with a Deadly Weapon Is Not a “Felony Involving an Act of Violence” for § 7553a Hold-Without-Bail

Date: Jul 16, 2026

Aggravated Stalking with a Deadly Weapon Is Not a “Felony Involving an Act of Violence” for § 7553a Hold-Without-Bail Introduction In State v. Mark Sterling (Vt. July 10, 2026), the Vermont Supreme...

Rule 75 Prison-Discipline Review: Strict Issue Preservation to the Superintendent and Deferential “Some Evidence” Sufficiency

Date: Jul 16, 2026

Rule 75 Prison-Discipline Review: Strict Issue Preservation to the Superintendent and Deferential “Some Evidence” Sufficiency Introduction In Jason Eaton v. Nicholas Deml and Amy Jacobs (Vt. Sup. Ct....

Extension of Vermont Anti-Stalking Orders Turns on Protective Necessity—Not New Stalking—and Pro Se Filings Risk Rule 11 Sanctions for Fake Authority

Date: Jul 16, 2026

Extension of Vermont Anti-Stalking Orders Turns on Protective Necessity—Not New Stalking—and Pro Se Filings Risk Rule 11 Sanctions for Fake Authority 1. Introduction In Cheryl O'Donnell v. Hope...