Rutland, Vermont criminal defense lawyer represented defendant charged with knowingly possessing with intent to distribute cocaine.

On July 14, 2021, agents with Homeland Security Investigations (HSI), in conjunction with the Vermont State Police (VSP), stopped Robert J. Rideout, 59, fomerly from Winooski, Vermont, along Interstate 89 in Vermont while he was driving back from Springfield,... More...    $0 (07-06-2022 - 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)

After the 2013 merger between American Airlines, Inc. and U.S. 23
Airways, four former Trans World Airlines (“TWA”) flight attendants, 24
now working for American Airlines, and Flight Attendants in Reunion 25
(“FAIR”), an unincorporated association formed to enforce the legal rights 26
of similarly situated flight attendants, filed this lawsuit.  In their amended 27
compla... More...    $0 (02-18-2016 - VT)

The facts are not in dispute.  On July 25 or 26, 2012, the Springfield,
Vermont Police Department received a written complaint that on July 23, John
Johnston had been assaulted by a man known to him only as “D.J.”  A
Springfield police officer interviewed Johnston on July 26, and based on that
interview, and the officer’s prior experience, he concluded that “D.J.” was in fact
A... More...    $0 (01-31-2016 - VT)

This case encompasses two main related sets of disputes. One dispute arises from a landowner’s replacement of his boathouse and construction of ancillary retaining walls that encroach onto his neighbors’ property. This dispute includes claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged
trespass. The neighbors challenge the trial court’s c... More...    $0 (10-25-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...    $0 (10-24-2015 - VT)

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the ... More...    $0 (10-24-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h... More...    $0 (10-23-2015 - VT)

The Office of the United States Attorney for the District of Vermont stated that on September 29, 2014, Devon Cruz, 29, of New York, was sentenced by Chief United States District Judge Christina Reiss to sixty-nine months imprisonment on his guilty plea to a charge of conspiracy to distribute 100 grams or more of heroin. Chief Judge Reiss also ordered that Hercules serve four years on supervised r... More...    $0 (10-01-2014 - VT)

¶ 1. BURGESS, J. Wife appeals the court’s order modifying spousal maintenance. On appeal, wife argues that the court erred in setting the date for the modification to take effect, and reducing husband’s maintenance obligation based on wife’s anticipated inheritance even though it had not yet been received and absent a demonstration that it would improve wife’s financial cir... More...    $0 (07-12-2013 - vT)

¶ 1. BURGESS, J. Defendant Donna Mae Peck appeals from a superior court judgment granting plaintiff Victor J. Shattuck a writ of possession for the parties’ former residence in Cavendish and denying defendant’s counterclaim for an equitable interest in the Cavendish property and another former residence in Springfield. We affirm.

¶ 2. The facts as found by ... More...    $0 (01-20-2013 - VT)

¶ 1. DOOLEY, J. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior co... More...    $0 (07-27-2012 - VT)

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...    $0 (08-03-2012 - VT)

¶ 1. Plaintiff wife appeals the family court’s final judgment order in this divorce proceeding. Wife makes the following three arguments on appeal: (1) the family court abused its discretion by granting husband’s motion in limine excluding evidence of any revocable trusts or wills under which he may be a beneficiary; (2) the family court abused its discretion when it refused to i... More...    $0 (10-14-2011 - VT)

¶ 1. Plaintiff wife appeals the family court’s final judgment order in this divorce proceeding. Wife makes the following three arguments on appeal: (1) the family court abused its discretion by granting husband’s motion in limine excluding evidence of any revocable trusts or wills under which he may be a beneficiary; (2) the family court abused its discretion when it refused to i... More...    $0 (10-14-2011 - VT)

¶ 1. BURGESS, J. The plaintiff in this declaratory judgment action, Northern Security Insurance Company (Northern), appeals from a superior court judgment that it owes a duty of coverage to Rose, Steven, and Kyle Perron, its insureds under a homeowner’s policy. Northern contends the trial court erred in ruling that: (1) Rose Perron’s misrepresentation did not void coverage of ... More...    $0 (10-08-2010 - VT)

¶ 1. BURGESS, J. Defendant Richard Hooshiari appeals from the trial court’s decision to grant judgment in favor of his former tenant, plaintiff Karen Weiler. The court found that landlord violated the implied warranty of habitability when heavy snow and ice fell from the roof of tenant’s residence onto her parking place, destroying her car. The court awarded damages measured by... More...    $0 (02-10-2011 - VT)

¶ 1. Harry and Lucille Clayton appeal from the trial court’s order granting summary judgment to defendants on their legal malpractice claim and dismissing their remaining claims. The Claytons argue that summary judgment was improperly granted, focusing on attorney Stephen Unsworth’s alleged “waiverâ€� of a statute-of-limitations defense in an arbitration proceeding. We affirm... More...    $0 (08-26-2010 - VT)

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...    $0 (07-02-2010 - VT)

¶ 1. BURGESS, J. Defendant appeals from a partition judgment in which the trial court awarded defendant the option of purchasing plaintiff’s share in certain real property, or in the alternative, if defendant did not exercise the option, ordered the property to be sold and proceeds divided according to a court-ordered percentage plan. Defendant claims on appeal: (1) that the court... More...    $0 (04-16-2010 - VT)

Defendants[1] appeal an order locating a right-of-way across their land and authorizing construction of a bridge on their lot to connect the right-of-way easement with the town highway. The newly located right-of-way runs briefly parallel to an existing right-of-way, the “Rock driveway,â€� while the new bridge would lie right alongside an existing bridge connecting the Rock driveway to the town... More...    $0 (02-12-2010 - VT)

A group of homeowners residing in the Town of Williston filed a complaint in Chittenden Superior Court, alleging that the Town’s agreement with Chittenden Solid Waste District for the siting, construction, and operation of a solid waste disposal facility in the Town was an ultra vires delegation of municipal authority. Homeowners appeal the superior court’s decision upholding the agreement. ... More...    $0 (11-13-2009 - VT)

This appeal arises from a partition action brought by plaintiff Daniel Massey against defendant Lucille Hrostek. In that action, Hrostek was ordered to sign over title to their jointly owned $450,000 vacation home on nineteen acres of land without receiving any compensation from Massey. We reverse and remand.

¶ 2. When Massey brought this partition action, the parties were th... More...    $0 (07-02-2009 - VT)

¶ 1. This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination u... More...    $0 (08-03-2008 - VT)

¶ 1. Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants’ claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general releas... More...    $0 (08-03-2008 - VT)

1. This case arises from a dispute over obligations under a lease between landlord, Century Partners, and tenant, Lesser Goldsmith Enterprises. Landlord brought an eviction action against tenant, alleging that tenant defaulted on the lease by constructing improvements to its store without the necessary municipal permit. Tenant counterclaimed for lost profits it suffered due to a four-year dela... More...    $0 (04-11-2008 - VT)

Mother appeals the family court's order awarding father sole legal rights and responsibilities and her sole physical rights to their two boys, and granting father unsupervised contact with the boys every other week. Mother contends that the court erred in: (1) admitting father's expert testimony on investigative techniques and giving it greater weight than the testimony of the state investigator;... More...    $0 (02-08-2008 - VT)

1. SKOGLUND, J. Plaintiff Lamell Lumber Corp., a lumber wholesaler and retailer based in Essex Junction, Vermont, entered into a contract with defendant Newstress International, Inc., a New Hampshire corporation, requiring defendant to fabricate a number of precast concrete panels and to "design, manufacture, truck, and erect these components" into a concrete kiln for plain... More...    $0 (08-31-2007 - VT)

1. DOOLEY, J. Husband Peter Cooper-Ellis appeals from both the final divorce order dividing the parties' marital estate and orders denying his subsequent motion to modify spousal maintenance and child support. Husband makes numerous contentions of error. Most significantly, he claims that the family court erred when it included all of his unvested stock options in the marit... More...    $0 (03-02-2007 - VT)

Defendant Wyeth, a drug manufacturer, appeals from a jury verdict in favor of plaintiff Diana Levine, who suffered severe injury and the amputation of her arm as a result of being injected with defendant's drug Phenergan. Plaintiff claimed at trial that defendant was negligent and failed to provide adequate warnings of the known dangers of injecting Phenergan directly into a pat... More...    $6774000 (11-01-2006 - VT)

Plaintiff Starr Farm Beach Campowners Association, Inc. instituted this action in Chittenden superior court, seeking to eject defendants John J. Boylan and Kathleen M. Boylan from property at Starr Farm Beach. Defendants appeal the trial court's grant of summary judgment for plaintiff, arguing that the trial court erred in finding no contract existed between defendants and plaintiff for a three... More...    $0 (08-19-2002 - VT)

1. The common issue presented by these two consolidated appeals is whether a tortfeasor-motorist is underinsured within the meaning of 23 V.S.A. § 941(f) where the tortfeasor's liability policy limits are greater than the injured party's underinsurance limits, but are insufficient to satisfy the injured party's damages because of payments made to other victims of the same accide... More...    $0 (01-31-2003 - VT)

1. The common issue presented by these two consolidated appeals is whether a tortfeasor-motorist is underinsured within the meaning of 23 V.S.A. § 941(f) where the tortfeasor's liability policy limits are greater than the injured party's underinsurance limits, but are insufficient to satisfy the injured party's damages because of payments made to other victims of the same accident. The Bonann... More...    $0 (01-31-2003 - VT)

The questions presented are whether there is a First Amendment right to use special license plates bearing the letters "SHTHPNS," and whether a car registrant's due process rights under the Fourteenth Amendment are violated when a state department of motor vehicles revokes these plates after the department realizes that they have been issued in error. We answer both questions in the negative and t... More...    $0 (10-17-2001 - VT)

Omega Optical appeals from a judgment of the superior court in favor of defendant Chroma Technology Corporation and several other named defendants in Omega's action for trade secret misappropriation, conversion, breach of loyalty, tortious interference with business relations, unfair competition, conspiracy and breach of contract. Omega argues on appeal: (1) the court erred in its determina... More...    $0 (04-12-2002 - VT)

Plaintiff Jill Morway, who filed a negligence action against defendants Town of Milton and its snowplow operator Bruce Trombly after being injured in a car accident allegedly caused by Trombly, appeals the superior court's decision granting defendants' joint motion for summary judgment. Plaintiff does not challenge the grant of summary judgment in favor of the Town, but contends that the cour... More...    $0 (12-28-2001 - VT)

Kevin Quenneville and Louisa Lewis, appeal the order granting landlords Charles and Eileen Houle possession at the expiration of the rental term. Tenants contend: (1) landlords' notice of nonrenewal of their lease was insufficient because landlords did not provide the Vermont State Housing Authority (VSHA) with a contemporaneous copy of the notice; (2) the court failed to prop... More...    $0 (11-09-2001 - VT)