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  • Commentaries
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Vermont Case Commentaries

Vermont Supreme Court Reinforces Fiduciary Duty and Unjust Enrichment in LLC Disputes

Vermont Supreme Court Reinforces Fiduciary Duty and Unjust Enrichment in LLC Disputes

Date: Dec 9, 2024
Vermont Supreme Court Reinforces Fiduciary Duty and Unjust Enrichment in LLC Disputes Introduction The case of Garret Hirchak, Manufacturing Solutions, Inc., and Sunrise Development LLC v. Tyler...
Vermont Supreme Court Upholds Kennel Operations as Permissible Home Business in Residential Zones

Vermont Supreme Court Upholds Kennel Operations as Permissible Home Business in Residential Zones

Date: Dec 9, 2024
Vermont Supreme Court Upholds Kennel Operations as Permissible Home Business in Residential Zones Introduction In the landmark case of In re Pederzani Administrative Appeal (Dawna Pederzani,...
Strict Enforcement of Vermont Bar Rule 13(c): No Waiver for Transferred UBE Attempts

Strict Enforcement of Vermont Bar Rule 13(c): No Waiver for Transferred UBE Attempts

Date: Dec 9, 2024
Strict Enforcement of Vermont Bar Rule 13(c): No Waiver for Transferred UBE Attempts Introduction The case of In re Samantha Granger (2024 Vt. 79) addresses the stringent application of Vermont's...
Vermont Supreme Court Upholds Waiver of Predicate Convictions in Habitual Offender Sentencing

Vermont Supreme Court Upholds Waiver of Predicate Convictions in Habitual Offender Sentencing

Date: Dec 9, 2024
Vermont Supreme Court Upholds Waiver of Predicate Convictions in Habitual Offender Sentencing Introduction The case of In re Thomas Velde, Jr. (State of Vermont, Appellant) resolved by the Vermont...
Supreme Court of Vermont Upholds Religious Property Protections Under 24 V.S.A. § 4413(a)(1)(C)

Supreme Court of Vermont Upholds Religious Property Protections Under 24 V.S.A. § 4413(a)(1)(C)

Date: Dec 9, 2024
Supreme Court of Vermont Upholds Religious Property Protections Under 24 V.S.A. § 4413(a)(1)(C) Introduction The case of In re Cathedral of the Immaculate Parish Charitable Trust Appeal (2024 Vt. 77)...
Standards for Structural and Plain Errors in Criminal Appeals: Insights from State of Vermont v. Rodney L. L'Esperance

Standards for Structural and Plain Errors in Criminal Appeals: Insights from State of Vermont v. Rodney L. L'Esperance

Date: Nov 26, 2024
Standards for Structural and Plain Errors in Criminal Appeals: Insights from State of Vermont v. Rodney L. L'Esperance Introduction In the landmark case of State of Vermont v. Rodney L. L'Esperance...
Enforcement of Mutual Wills Contracts Requires Mutual Consent for Revocation: Inouye v. Estate of Patricia McHugo Analysis

Enforcement of Mutual Wills Contracts Requires Mutual Consent for Revocation: Inouye v. Estate of Patricia McHugo Analysis

Date: Nov 26, 2024
Enforcement of Mutual Wills Contracts Requires Mutual Consent for Revocation: Inouye v. Estate of Patricia McHugo Introduction In the landmark case of Susan Inouye v. Estate of Patricia McHugo et al....
Clarification of Bail Denial Procedures under Vermont § 7553a: State v. LaFountain

Clarification of Bail Denial Procedures under Vermont § 7553a: State v. LaFountain

Date: Nov 24, 2024
Clarification of Bail Denial Procedures under Vermont § 7553a: State v. LaFountain Introduction In the landmark case State of Vermont v. Christopher LaFountain, the Supreme Court of Vermont addressed...
Looser Interpretation of "Contiguous Tract" Facilitates Priority Housing Exemption from Act 250 Review

Looser Interpretation of "Contiguous Tract" Facilitates Priority Housing Exemption from Act 250 Review

Date: Nov 19, 2024
Looser Interpretation of "Contiguous Tract" Facilitates Priority Housing Exemption from Act 250 Review Introduction The Supreme Court of Vermont, in the landmark case In re Windham Windsor Housing...
Affirmation of Strict Party Status Requirements in Environmental Permit Abandonment: In re Burchard Road Case

Affirmation of Strict Party Status Requirements in Environmental Permit Abandonment: In re Burchard Road Case

Date: Aug 10, 2024
Affirmation of Strict Party Status Requirements in Environmental Permit Abandonment: In re Burchard Road Case Introduction The In re Burchard Road Petition to Abandon Land Use Permit Denial is a...
Vermont Supreme Court Strengthens Jurisdictional Boundaries in Environmental Takings: In re DJK, LLC WW & WS Permit

Vermont Supreme Court Strengthens Jurisdictional Boundaries in Environmental Takings: In re DJK, LLC WW & WS Permit

Date: Jun 15, 2024
Vermont Supreme Court Strengthens Jurisdictional Boundaries in Environmental Takings: In re DJK, LLC WW & WS Permit (2024 Vt. 34) Introduction The case of Ralph Crowley and Joanne Crowley vs. DJK,...
Comprehensive Commentary on State of Vermont v. Jason Roberts: Abrogation of the Year-and-a-Day Rule

Comprehensive Commentary on State of Vermont v. Jason Roberts: Abrogation of the Year-and-a-Day Rule

Date: Jun 8, 2024
Comprehensive Commentary on State of Vermont v. Jason Roberts: Abrogation of the Year-and-a-Day Rule Introduction State of Vermont v. Jason Roberts, 2024 Vt. 32, adjudicated by the Supreme Court of...
Vermont Supreme Court Establishes Resale Exclusion for Business Consumers under VCPA in RSD Leasing, Inc. v. Navistar International Corp.

Vermont Supreme Court Establishes Resale Exclusion for Business Consumers under VCPA in RSD Leasing, Inc. v. Navistar International Corp.

Date: Jun 8, 2024
Vermont Supreme Court Establishes Resale Exclusion for Business Consumers under VCPA in RSD Leasing, Inc. v. Navistar International Corp. Introduction The Supreme Court of Vermont addressed a pivotal...
Mootness Doctrine Affirmed in Juvenile Proceedings: Insights from In re M.M., Juvenile (2024 Vt. 28)

Mootness Doctrine Affirmed in Juvenile Proceedings: Insights from In re M.M., Juvenile (2024 Vt. 28)

Date: May 11, 2024
Mootness Doctrine Affirmed in Juvenile Proceedings: Insights from In re M.M., Juvenile (2024 Vt. 28) Introduction The Supreme Court of Vermont, in In re M.M., Juvenile (2024 Vt. 28), addressed...
Vermont Supreme Court Clarifies 'Last Occurrence' in Statutes of Repose for Latent Diseases

Vermont Supreme Court Clarifies 'Last Occurrence' in Statutes of Repose for Latent Diseases

Date: May 11, 2024
Vermont Supreme Court Clarifies 'Last Occurrence' in Statutes of Repose for Latent Diseases Introduction In the landmark case of Shirley Ann Carpin v. Vermont Yankee Nuclear Power Corporation et al.,...
Affirmation of Bail Denial Based on Corpus Delicti Corroboration in Sexual Assault Cases: State of Vermont v. Winter Holland-Levine

Affirmation of Bail Denial Based on Corpus Delicti Corroboration in Sexual Assault Cases: State of Vermont v. Winter Holland-Levine

Date: May 1, 2024
Affirmation of Bail Denial Based on Corpus Delicti Corroboration in Sexual Assault Cases: State of Vermont v. Winter Holland-Levine Introduction In the landmark case of State of Vermont v. Winter...
Vermont Supreme Court Establishes Clarification on Sex Offender Registry Requirements in Concurrent Sentencing Cases

Vermont Supreme Court Establishes Clarification on Sex Offender Registry Requirements in Concurrent Sentencing Cases

Date: Apr 20, 2024
Vermont Supreme Court Establishes Clarification on Sex Offender Registry Requirements in Concurrent Sentencing Cases Introduction The Vermont Supreme Court, in the case of Andrew Wood v. Jeffrey...
Establishing the Duty of Cooperation: In re Eva P. Vekos, Esq. Sets New Precedent in Attorney Disciplinary Proceedings

Establishing the Duty of Cooperation: In re Eva P. Vekos, Esq. Sets New Precedent in Attorney Disciplinary Proceedings

Date: Mar 28, 2024
Establishing the Duty of Cooperation: In re Eva P. Vekos, Esq. Sets New Precedent in Attorney Disciplinary Proceedings Introduction The Supreme Court of Vermont's recent decision in In re Eva P....
Clarification of § 7553a Applicability to Accessory After the Fact – State v. Bulson

Clarification of § 7553a Applicability to Accessory After the Fact – State v. Bulson

Date: Feb 27, 2024
Clarification of § 7553a Applicability to Accessory After the Fact – State v. Bulson Introduction In the landmark case of State of Vermont v. Shawn Bulson, the Supreme Court of Vermont addressed the...
Partial Voidance of Testamentary Bequests Under Undue Influence: In re Estate of Donald Crofut

Partial Voidance of Testamentary Bequests Under Undue Influence: In re Estate of Donald Crofut

Date: Feb 24, 2024
Partial Voidance of Testamentary Bequests Under Undue Influence: In re Estate of Donald Crofut Introduction In the case of In re Estate of Donald Crofut (Sean Hammond, Appellant), decided on February...
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