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  • Commentaries
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Vermont Case Commentaries

“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...
“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...
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