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  • Commentaries
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Vermont Case Commentaries

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...
“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards

“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards

Date: Jun 11, 2025
“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards Introduction Flat Fee, LLC v. Northwest Vermont Realtor...
“Stone v. DOC”: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language

“Stone v. DOC”: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language

Date: Jun 11, 2025
Stone v. DOC: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language Introduction In In re Grievance of Jonathan Stone, the Vermont...
Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Date: Jun 11, 2025
Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals 1. Introduction In Keren Sita v. Department of Labor, the Vermont Supreme...
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Date: Jun 11, 2025
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions 1. Introduction...
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

Date: Jun 11, 2025
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: A Comprehensive Commentary on Northern Security Insurance Company, Inc. v. Raymond Walker (Vt. 2025) Introduction The Vermont...
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

Date: Jun 11, 2025
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay Introduction In State v. Christopher Fuller, 2025 VT ___, the Vermont...
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Date: Jun 11, 2025
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance 1. Introduction Wood v. Wood, 2025 VT ___ (June 6, 2025), is a...
Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Date: May 31, 2025
Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2) Introduction This case arises from two consolidated...
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Date: May 24, 2025
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine Introduction This commentary examines the Vermont Supreme Court’s decision in In re...
Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts

Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts

Date: May 24, 2025
Probate-Exhaustion Rule for Intentional Interference with Inheritance from Inter Vivos Trusts Introduction In Berol Dewdney and Cordelia Dewdney v. Ralph E. Duncan, IV, 2025 VT 26, the Vermont...
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Date: May 17, 2025
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals Introduction In In re Guillemette ZA Determination Appeal (2025 VT 25), Anne and Mark Guillemette (landowners)...
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Date: May 17, 2025
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities Introduction In Sean Gordon v. Katy Fogell, 2025 VT...
Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Date: May 10, 2025
Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt Introduction This commentary examines the Vermont Supreme Court’s decision in Aerie Point...
Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Date: May 10, 2025
Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel Introduction In Adriana Cunha-Salomon et al. v. Williamson Group, LLC d/b/a Williamson Group Sotheby’s...
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Date: May 10, 2025
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml Introduction The Vermont Supreme Court’s decision in James Burke v. Nicholas Deml et al. (No. 24-AP-369, May 9,...
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Date: May 10, 2025
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law Introduction This commentary examines the Vermont Supreme Court’s decision in Christian Borgesen v. Debra...
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Date: May 10, 2025
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson Introduction In Bourne’s Inc. d/b/a v. Emmanuel Lemelson, the Vermont Supreme Court (May 9,...
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Date: May 10, 2025
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr. Introduction In State v. Danny Main, Jr., 2025 VT 24‐AP‐146, the Vermont Supreme Court considered two primary issues on appeal...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Date: May 3, 2025
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
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