Burlington, Vermont employment law lawyer represented Plaintiff, who sued Defendant on a Fair Labor Standards Act (FLSA) violation theory.

Employee Christie Mitchell appeals a summary judgment order
in favor of NBT Bank, N.A. regarding its policy of deducting her overtime compensation from her
commissions so that she was never paid more than gross commissions regardless of how man... More...    $0 (04-22-2022 - VT)

Rutland, Vermont criminal defense lawyer represented Defendant charged with bank fraud in violation of 18 U.S.C. 1334(1).

Giovanni Joseph, 34, formerly of Dix Hills, New York, was with one count of bank fraud.

According to court records, Joseph presented stolen checks at five banks around central Vermont in March of 2020. The checks had been stolen from U.S. Postal Service mai... More...    $0 (12-12-2021 - VT)

Burlington, VT - The United States of America charged Bradley Smith with child porn.

Bradley Smith, 67, of Jericho, Vermont, was sentenced to serve 24 months in prison after his guilty plea to one count of possession of child pornography. U.S. District Judge Christina Reiss also ordered Smith to serve a seven (7) year term of supervised release, and to pay a $100 special assessment.
... More...    $0 (12-31-2019 - VT)

Burlington, VT - The United States of America charged Bradley Smith with child pornography.

Bradley Smith, 67, of Jericho, Vermont, was sentenced to serve 24 months in prison after his guilty plea to one count of possession of child pornography. U.S. District Judge Christina Reiss also ordered Smith to serve a seven (7) year term of supervised release, and to pay a $100 special assessmen... More...    $0 (12-27-2019 - VT)

Burlington, VT - Richard Monroe Sentenced to Twenty-Five Years in Prison In Connection With Murder of Kevin DeOliveira

The Office of the United States Attorney for the District of Vermont stated that today Richard Monroe, age 26, was sentenced to serve 25 years in prison in United States District Court in Rutland, Vermont, for possessing firearms in furtherance of his cocaine trafficking ... More...    $0 (08-22-2018 - VT)

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters of strategy not reflected in, or fully explained by, the record (see People v Rivera , 71 NY2d 705, 709 [1988]; People v Love , 57 NY2d 998 [1982]). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.... More...    $0 (06-28-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...    $0 (06-11-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...    $0 (05-05-2018 - VT)

Rutland, VT - Richard Monroe Pleads Guilty In Connection With The Death of Kevin DeOliveira

The Office of the United States Attorney for the District of Vermont stated that, on April 18, 2018, Richard Monroe, age 25, pleaded guilty in United States District Court in Rutland, Vermont, to possessing firearms in furtherance of his cocaine trafficking and to discharging a handgun and killing ... More...    $0 (05-01-2018 - VT)

Burlington, VT Castleton Man Sentenced to Five Years Imprisonment for Selling Heroin and Unlawful Possession of a Stolen Firearm

Leon Russell, 36, of Castleton was sentenced on April 18, 2018 to five years imprisonment by Chief Judge Geoffrey Crawford in U.S. District Court in Rutland. Judge Crawford also sentenced Russell to three years supervised release, which is a period of supervisi... More...    $0 (05-02-2018 - VT)

Defendant Jack Sawyer appeals the trial court’s decision holding him without bail. Defendant is charged with four separate counts, each predicated on his alleged attempt to commit a crime, and three of which are punishable by life imprisonment. The sole question before this Court is whether the evidence of guilt is great that defendant attempted to commit any of the four charged crimes given the... More...    $0 (04-28-2018 - VT)

Defendant Jeffrey Davis appeals his conviction for financial
exploitation of a vulnerable adult under 13 V.S.A. § 1380(a) following a jury trial. He raises four
arguments on appeal. His first two arguments arise from the trial court’s denial of his motion for
a judgment of acquittal and the sufficiency of the State’s evidence. He also argues that the court’s
instructions to... More...    $0 (03-26-2018 - VT)

Burlington, VT - Orwell Man Sentenced to 84 months of Imprisonment for Armed Robbery of Fair Haven Maplefields Store in September 2015

The Office of the United States Attorney for the District of Vermont stated that Matthew Hinton, 28, most recently of Orwell, Vermont, has been sentenced by U.S. District Court Judge Christina Reiss to 84 months of imprisonment for an armed robbery of the ... More...    $0 (02-12-2018 - VT)

Defendant was charged with eleven offenses. The first five of these involved
alleged offenses against thirteen-year-old A.H., including one count of sexual assault against a
person under sixteen in violation of 13 V.S.A. § 3252(c); one count of repeated sexual assault as
part of a common scheme or plan under 13 V.S.A. § 3253(a)(9); one count of lewd and lascivious
conduct with... More...    $0 (11-03-2017 - VT)

The underlying facts of this case are not in dispute. Defendant was arraigned on
July 17, 2013, for aggravated domestic assault and cruelty to a child. The Superior Court, Orange
Unit, Criminal Division imposed conditions of pretrial release that included a twenty-four-hour
curfew with exceptions only for legal and medical appointments and for emergencies. The court
restrict... More...    $0 (06-19-2017 - VT)

This is an attempted murder case. At trial, defendant theorized
that a group of late-night club-goers with whom he was partying conspired to frame him for a
stabbing that occurred in downtown Burlington shortly after two o’clock in the morning of
January 15, 2012. Defendant argues that the trial court erred by excluding exculpatory testimony
and by giving misleading jury ins... More...    $0 (07-16-2016 - VT)

The altercation leading to defendant’s conviction occurred on July 29, 2014, at a
Middlebury residential facility for persons with major mental illnesses. In a sworn statement
admitted without objection, the complainant claimed that defendant initiated the altercation by
pointing his finger at the complainant. The complainant responded by kicking defendant’s hand
twice and te... More...    $0 (07-06-2016 - VT)

This appeal stems from a road rage incident in St. Albans in
which defendant Jason Gagne chased a couple across town, eventually pulling up next to their
truck and pointing a rifle at them. Before trial, defendant moved to suppress the results of his
alcohol breath test on the ground that he was not able to meaningfully communicate with his
lawyer before submitting to the te... More...    $0 (06-10-2016 - VT)

Defendant’s claims of error require a detailed review of the evidence presented at
trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s
property in Bennington, Vermont. The property is located across the street from the police
station, and it is bisected by two public roads. Defendant lives on the property with his brother,
Peter Buckle... More...    $0 (05-29-2016 - VT)

Defendant Dylan Stinson appeals from a judgment finding him
liable to plaintiffs Kevin and Linda Flanagan for damage to their vacation home from a fire
started in an outdoor fireplace on their deck by a group of teenagers who were there without their
permission. Stinson contends that: (1) there was insufficient evidence to find him liable for the
damage under a concerted-acti... More...    $0 (04-30-2016 - VT)

1 The following background is taken in the light most favorable to A & A and Mr. Konstantinou as the non-moving parties. The court acknowledges that Manchester CP disputes many of Mr. Konstantinou’s assertions regarding statements made by its agents.
Argirios Konstantinou operated the Manchester Pizza House restaurant in the Price Chopper Plaza at 263 Depot Street in Manchester, Vermont for ... More...    $0 (04-24-2016 - VT)

A motion for judgment on the pleadings under Vt. R. Civ. P. 12(c) is judged under the same standard as a Rule 12(b)(6) motion to dismiss. Irish Lesbian and Gay Org. v. Giuliani, 143 F.3d 638, 644 (2d Cir. 1998). The “complaint should not be dismissed ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” George C... More...    $0 (04-24-2016 - VT)

The material facts are not substantially in dispute. In 1990, the City obtained a
land-use permit for the Waterfront Park (the Park). The City hosted a number of events at the
Park in the summer of 1993 and may have hosted others prior to that time. In December 1993,
the City applied for an amendment to its permit to allow for hosting of festivals and public
events at the Pa... More...    $0 (04-16-2016 - VT)

The facts are taken from the record and are uncontested, except when indicated.
In May 2009, defendant was charged with one count of engaging in a sexual act with a person
under the age of sixteen, 13 V.S.A. § 3252(c), a felony, and one count of furnishing alcohol to a
person under the age of twenty-one, 7 V.S.A. § 658(a)(1). The charges arose from an April 2009
incident in w... More...    $0 (03-25-2016 - VT)

In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the
company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new
software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in
Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and
two former SynEcology employees, Thomas Re... More...    $0 (03-04-2016 - VT)

The events that resulted in this conviction and appeal occurred during the late
evening and early morning hours of October 26 and 27, 2012. All of the principal witnesses—
the complainant K.M. and her two friends, M.B. and H.D.—testified that, along with defendant,
they met at M.B.’s apartment in the City of Newport on the evening in question before driving to
a bar in the Tow... More...    $0 (03-02-2016 - VT)