More...    $55000 (12-21-2022 - VT)

More...    $0 (01-10-2022 - VT)

White River Junction, Vermont insurance law lawyer represented Plaintiffs, who sued Defendants on bad faith breach of an insurance contract theory claiming more than $75,000 in damages.... More...    $1 (12-20-2021 - VT)

The central question in this case is whether a parent may be
convicted of custodial interference under 13 V.S.A. § 2451 for interfering with the custody of the
Department for Children and Families (DCF) in the absence of a court order specifying the
schedule and limitations of the parent’s visitation. Defendant Liana Roy was convicted of
custodial interference for taking her ... More...    $0 (07-09-2018 - 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)

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)

In 2015, defendant was living with his girlfriend. His girlfriend had a six-year-old
daughter, E.P., from a prior relationship. E.P. lived primarily with her father, but spent one night
a week at the home shared by her mother and defendant. On one of those evenings, defendant was
cutting boxes with a box cutter. The box cutter defendant was using was not a typical box cutter; More...    $0 (12-21-2017 - VT)

Following a jury trial, defendant appeals his convictions for simple
assault and disorderly conduct stemming from a late-night brawl in downtown Burlington. First,
he argues that the court abused its discretion and denied him his rights to present a defense, to
compulsory process, and to due process when it denied his motion to continue the trial despite the
unavailability of... More...    $0 (12-03-2017 - 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 are not disputed. On August 5, 2013, defendant was arraigned
on a charge of possessing stolen property. Defendant was ordered to provide the court with a
surety bond or cash in the amount of $5000. Defendant’s conditions of release also required him
to come to court for scheduled hearings and to provide his attorney and the court with his updated
address... More...    $0 (12-17-2016 - 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)

Defendant is charged with four felony counts of lewd and lascivious conduct with
a child and one felony count of aggravated sexual assault on a victim younger than thirteen.
Defendant was sixty-seven years old at the time of the charged conduct, and the alleged victim,
defendant’s neighbor Z.Z., was seven years old. Defendant filed a motion to suppress in October
2014, arguin... More...    $0 (04-10-2016 - VT)

Defendant is charged with four felony counts of lewd and lascivious conduct with
a child and one felony count of aggravated sexual assault on a victim younger than thirteen.
Defendant was sixty-seven years old at the time of the charged conduct, and the alleged victim,
defendant’s neighbor Z.Z., was seven years old. Defendant filed a motion to suppress in October
2014, arguin... More...    $0 (04-08-2016 - 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)

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 defendant, Luis Roldan, was convicted of felony
assault with a dangerous weapon, discharging a firearm while committing a crime of violence,
and carrying a handgun without a license. On appeal, he contends that the trial justice erred in
denying his motion for a new trial. For the following reasons, we affirm the judgment of
conviction. The genesis for the crimes of whi... More...    $0 (02-12-2016 - VT)

Defendant and the State entered a plea agreement, in exchange for which the
charge was amended and other charges against defendant were dismissed. The plea agreement
contemplated a contested sentencing hearing allowing the State to argue for a sentence of up to
forty years to life to serve and defendant to argue for a sentence of ten years to life, split to serve
five years. ... More...    $0 (02-08-2016 - VT)

Defendant Salahdin (Sal) Trowell appeals from a judgment of conviction of one count of assault and robbery and one count of kidnapping. Defendant contends that the trial court erred in: (1) ruling that he had opened the door to certain cross-examination of a defense witness; (2) refusing to give certain jury instructions that he had requested; and
(3) denying his motion for judgment of acqui... More...    $0 (01-01-2016 - VT)

Defendant appeals his conviction in Addison Superior Court on
the grounds that the court erred by: (1) admitting the victim’s out-of-court statements under
Vermont Rule of Evidence 804a; (2) admitting expert testimony under Vermont Rule of
Evidence 702; and (3) coercing a jury verdict. We affirm.
¶ 2. Defendant was charged with aggravated sexual assault of a minor under the a... More...    $0 (01-01-2016 - VT)

Defendant William O. Stanley, Sr., appeals his conviction of sexual assault. On appeal, defendant argues that the trial court (1) erroneously permitted the trial and sentencing to proceed in his absence; (2) erroneously permitted the State to introduce an uncharged prior bad act as evidence; and (3) imposed the habitual-offender enhancement in a
way that may have violated the Double Jeopardy... More...    $0 (01-01-2016 - VT)

Defendant was charged with aggravated sexual assault of a minor under the age of
thirteen in violation of 13 V.S.A. § 3253(a)(8). The victim, T.B., was twelve years old at the
time of the incident that gave rise to this case. Evidence presented at trial demonstrates the
following. On November 14, 2012, T.B. arrived home from school and was alone in the house
with defendant, ... More...    $0 (12-31-2015 - VT)

The Vermont Human Rights Commission and three female employees of the Vermont Department of Corrections (DOC) filed suit against the State—the DOC and the Vermont Department of Human Resources (DHR)—claiming that the DOC violated the Vermont Fair Employment Practices Act (VFEPA), 21 V.S.A. §§ 495-496a, by paying a male employee in the same position as the female plaintiffs as much as $10,000 more ... More...    $0 (12-29-2015 - VT)

Defendant William O. Stanley, Sr., appeals his conviction of sexual assault. On appeal, defendant argues that the trial court (1) erroneously permitted the trial and sentencing to proceed in his absence; (2) erroneously permitted the State to introduce an uncharged prior bad act as evidence; and (3) imposed the habitual-offender enhancement in a
way that may have violated the Double Jeopar... More...    $0 (12-27-2015 - VT)

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar... More...    $0 (12-03-2015 - VT)

On December 24, 2014, the court granted a motion to amend the complaint to add
Gregory Johnson and others as defendants. The 60-day period to serve the new parties thus ran
from that date, and expired in February. V.R.C.P. 3. On April13, Plaintiff filed a motion to
extend the time for service upon Mr. Johnson. The court denied the motion as untimely and
unsupported by excusable... More...    $0 (11-27-2015 - VT)

In the Court’s February 26, 2015 decision, the remaining claims in this case were identified as follows: “(1) Ms. Knutsen’s claim that Mr. Dion is liable for misrepresentations regarding the likelihood of flooding; (2) . . . Mr. Dion’s right to indemnity from the Sweetsers; and (3) Mr. Dion’s right to attorney fees and other litigation expenses from Ms. Knutsen.” The claim for attorney fees is pr... More...    $0 (10-25-2015 - 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)

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)

Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and
control of Defendant Vermont Department of Corrections (the “Department”), who
is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is
awaiting trial on twelve criminal charges in a case pending in the Criminal Division
of this Unit, Docket No. 566-10-13 Oscr. The charges incl... More...    $0 (10-21-2015 - VT)

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal system... More...    $0 (08-01-2015 - vt)

¶ 1. SKOGLUND, J. Appellant Allstate Bail Bonds (“Allstateâ€�) challenges the trial court’s decision granting the State’s motion for forfeiture of bond. On appeal, Allstate argues that the trial court abused its discretion in declining to reduce the amount of bail forfeiture when Allstate could not produce defendant due to his out-of-state incarceration. We agree that Allsta... More...    $0 (06-12-2015 - VT)

¶ 1. BURGESS, J. Plaintiffs appeal the superior court’s denial of their motion for a new trial based on allegations of juror bias. The issues presented are whether (1) plaintiffs’ motion for a new trial was timely, (2) the trial court erred in denying the motion under the test for juror bias set forth in In re Nash, 158 Vt. 458, 614 A.2d 367 (1991), and (3) the trial court erred... More...    $0 (08-02-2013 - VT)

¶ 1. DOOLEY, J. Defendant appeals from a final relief-from-abuse order in which the family division of the superior court concluded that plaintiff was a vulnerable adult and that defendant abused and exploited her. We affirm.

¶ 2. Plaintiff was born in November 1992. She was deaf for the first several years of her life, resulting in developmental delays that ca... More...    $0 (08-09-2013 - VT)

¶ 1. ROBINSON, J. The question in this case is whether the trial court’s dismissal of plaintiff’s eviction action on account of her lawyer’s failure to attend a scheduled status conference can withstand a motion to set aside the judgment pursuant to Vermont Rule of Civil Procedure 60(b) given the facts of this case. We conclude that it cannot and reverse.

¶ 2. ... More...    $0 (09-13-2013 - VT)