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  • Commentaries
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Vermont Case Commentaries

New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute

New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute

Date: Mar 15, 2025
New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute Introduction The case of Violet Nichols v. Robert Lafayette, decided on March 14, 2025 by the Supreme...
Clarifying the Threshold for New Trial Motions Based on False Witness Testimony

Clarifying the Threshold for New Trial Motions Based on False Witness Testimony

Date: Mar 15, 2025
Clarifying the Threshold for New Trial Motions Based on False Witness Testimony Introduction In the recent decision of State of Vermont v. Mitchell Maldonado, Jr., the Supreme Court of Vermont...
Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA

Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA

Date: Feb 25, 2025
Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA Introduction This commentary analyzes the recent Supreme Court of Vermont decision in In re United Auto Workers, Local...
Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent

Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent

Date: Feb 20, 2025
Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent Introduction In the case of Richard McCormack & Tanya Vyhovsky v. Phil Scott & Zoie Saunders (2025...
In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings

In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings

Date: Feb 20, 2025
In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings Introduction The recent Supreme Court of Vermont decision in In re Appeal of M.R. establishes an...
Broad Interpretation of "Damage" in Unlawful Mischief: State of Vermont v. Geromy Wells

Broad Interpretation of "Damage" in Unlawful Mischief: State of Vermont v. Geromy Wells

Date: Feb 11, 2025
Broad Interpretation of "Damage" in Unlawful Mischief: State of Vermont v. Geromy Wells Introduction State of Vermont v. Geromy Wells, 2025 Vt. 5, adjudicated by the Supreme Court of Vermont on...
Establishing the Direct Threat Exception Under the ADA in Arrest Cases: The Town of Brattleboro Precedent

Establishing the Direct Threat Exception Under the ADA in Arrest Cases: The Town of Brattleboro Precedent

Date: Feb 8, 2025
Establishing the Direct Threat Exception Under the ADA in Arrest Cases: The Town of Brattleboro Precedent Introduction The case of Pele Rivard et al. v. Town of Brattleboro presents a complex factual...
Ensuring Child Welfare in CHINS Proceedings: Addressing Parental Substance Abuse and Informal Care Arrangements

Ensuring Child Welfare in CHINS Proceedings: Addressing Parental Substance Abuse and Informal Care Arrangements

Date: Feb 8, 2025
Ensuring Child Welfare in CHINS Proceedings: Addressing Parental Substance Abuse and Informal Care Arrangements Introduction The reviewed judgment, rendered by the Supreme Court of Vermont on...
Imputed Income and Sustainable Workload: A New Benchmark for Spousal Maintenance Awards

Imputed Income and Sustainable Workload: A New Benchmark for Spousal Maintenance Awards

Date: Feb 8, 2025
Imputed Income and Sustainable Workload: A New Benchmark for Spousal Maintenance Awards Introduction The Judgment in Amy Keech v. Colin Keech from the Supreme Court of Vermont represents a pivotal...
Affirmation of Jurisdictional Timeliness and Rule 60(b) Analysis in Grievance Appeals

Affirmation of Jurisdictional Timeliness and Rule 60(b) Analysis in Grievance Appeals

Date: Feb 8, 2025
Affirmation of Jurisdictional Timeliness and Rule 60(b) Analysis in Grievance Appeals Introduction The present case, In re Grievance of Rodrigo Figueiredo Gelio, involves an appeal by Rodrigo...
Absolute Immunity for High-Ranking Executive Officials: A Landmark Clarification in COVID-19 Related Claims

Absolute Immunity for High-Ranking Executive Officials: A Landmark Clarification in COVID-19 Related Claims

Date: Feb 8, 2025
Absolute Immunity for High-Ranking Executive Officials: A Landmark Clarification in COVID-19 Related Claims Introduction The Supreme Court of Vermont’s recent decision in James Burke v. Nick Deml et...
Clarifying Parental Stagnation and Best Interests: A Paradigm Shift in Termination of Parental Rights

Clarifying Parental Stagnation and Best Interests: A Paradigm Shift in Termination of Parental Rights

Date: Feb 8, 2025
Clarifying Parental Stagnation and Best Interests: A Paradigm Shift in Termination of Parental Rights Introduction The Judgment in In re T.W., N.W., & A.W., Juveniles (E.W., Mother*) from the Supreme...
Clarifying Parental Consent and Disputed Guardianship in CHINS Proceedings

Clarifying Parental Consent and Disputed Guardianship in CHINS Proceedings

Date: Feb 8, 2025
Clarifying Parental Consent and Disputed Guardianship in CHINS Proceedings Introduction The recent judgment in In re Y.R., Juvenile (S.S., Father* & K.S., Mother*) before the Supreme Court of Vermont...
Affirming Timeliness and Finality in Municipal Approval Actions: A Critical Analysis of In re Alta Assets LLC

Affirming Timeliness and Finality in Municipal Approval Actions: A Critical Analysis of In re Alta Assets LLC

Date: Feb 8, 2025
Affirming Timeliness and Finality in Municipal Approval Actions: A Critical Analysis of In re Alta Assets LLC Introduction The case of In re Alta Assets LLC represents a significant judicial decision...
Clarifying Probation Conditions and the Limits of Sentence Reconsideration in Plea Agreement Cases

Clarifying Probation Conditions and the Limits of Sentence Reconsideration in Plea Agreement Cases

Date: Feb 8, 2025
Clarifying Probation Conditions and the Limits of Sentence Reconsideration in Plea Agreement Cases Introduction The judgment in State of Vermont v. Harley Breer, Jr. addresses two primary issues...
Reaffirming Pretrial Detention Standards: Analysis of State of Vermont v. Jason Robinson

Reaffirming Pretrial Detention Standards: Analysis of State of Vermont v. Jason Robinson

Date: Feb 3, 2025
Reaffirming Pretrial Detention Standards: Analysis of State of Vermont v. Jason Robinson Introduction The case of State of Vermont v. Jason Robinson was adjudicated by the Supreme Court of Vermont on...
Supreme Court of Vermont Affirms De Minimis Recreational Use Exemption for Private Foot Bridge

Supreme Court of Vermont Affirms De Minimis Recreational Use Exemption for Private Foot Bridge

Date: Jan 23, 2025
Supreme Court of Vermont Affirms De Minimis Recreational Use Exemption for Private Foot Bridge Introduction The case of In re Brewster River Mountain Bike Club, Inc. Conditional Use Application David...
Supreme Court of Vermont Establishes Standards for Modifying Parental Contact Orders in Relocation Cases

Supreme Court of Vermont Establishes Standards for Modifying Parental Contact Orders in Relocation Cases

Date: Jan 15, 2025
Supreme Court of Vermont Establishes Standards for Modifying Parental Contact Orders in Relocation Cases Introduction The case of Olya Iver (Krupnova) v. David Simpson, adjudicated by the Supreme...
Validation of Concurrent Employment Rule 8.1500 in Vermont Workers' Compensation Calculations

Validation of Concurrent Employment Rule 8.1500 in Vermont Workers' Compensation Calculations

Date: Jan 15, 2025
Validation of Concurrent Employment Rule 8.1500 in Vermont Workers' Compensation Calculations Introduction The case of Ehren Hill v. Agri-Mark, Inc. (2025 Vt. 3) before the Supreme Court of Vermont...
Affirmation of Prescriptive Easement Through Continuous and Hostile Use Following Address Assignment

Affirmation of Prescriptive Easement Through Continuous and Hostile Use Following Address Assignment

Date: Jan 15, 2025
Affirmation of Prescriptive Easement Through Continuous and Hostile Use Following Address Assignment Introduction The case of Gretchen S. Conkey & Jacquelyn D. Schmidt, Co-Trustees v. Richard Ess &...
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