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  • Commentaries
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Vermont Case Commentaries

Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Date: May 3, 2025
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc. Introduction In In Re Dousevicz, Inc. CU & Site Plan Approval (2025 VT 22), the Vermont...
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Date: May 3, 2025
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty Introduction In State v. Stacey Lynn Vaillancourt, 2025 VT 20, the Vermont Supreme...
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Date: Apr 19, 2025
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions Introduction In James Needham v. Roxanne O. Smith Trust, 2025 VT 18, the Vermont Supreme Court addressed...
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Date: Apr 19, 2025
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims Introduction State v. Jessica L. Morrill, 2025 VT 19, is a landmark decision by the Supreme...
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Date: Apr 12, 2025
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor Introduction In Robert Caldwell v. Champlain College Incorporated, the Supreme Court of Vermont addressed...
Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Date: Apr 5, 2025
Stagnation of Parental Progress as Ground for Termination of Parental Rights Introduction In Re F.R. & A.R., Juveniles (Vt. 2025) addresses the termination of parental rights of B.B. (father) and...
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Date: Apr 5, 2025
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont Introduction The Supreme Court of Vermont decided in Danielle Lacroix v. Peter Rysz, 2025 VT 16, whether a...
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Date: Apr 5, 2025
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees Introduction In Kevin Barrup v. Barrup Farms Inc., the Vermont Supreme Court addressed...
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Date: Apr 5, 2025
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors Introduction Commissioner of Labor, State of Vermont v. American...
Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements

Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements

Date: Apr 5, 2025
Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements Introduction This commentary examines the Vermont Supreme Court’s decision in Lynn Book, Administratrix of the...
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Date: Apr 5, 2025
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations Introduction The case of State of Vermont v. Richard Blackmer, Jr. (Vt. Apr. 4, 2025) arises from multiple fraud and...
Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Date: Mar 29, 2025
Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15) Introduction In State v. Jay...
New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont – State of Vermont v. Ryan Sartwell

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

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

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

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

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

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

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

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...
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