Vermont Bad Faith Law
Michael Lucas and April Lucas v. Government Employees Insurance Company, a/k/a GEICO
<h2><br> Burlington, Vermont insurance law lawyers represented the Plaintiffs who sued on bad faith breach of an insurance contract relating to a motor vehicle accident.<br> </h2><br> <br> Vermont recognizes a cause of action for contractual and consequential damages and attorney fees upon proof of vexatious conduct by an insurer.... More...
$0 (07-08-2024 - VT)Sheila Vowinkel v. Liberty Mutual Insurance
Burlington, Vermont insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.<br> <br> <br> To establish a claim for bad faith, a plaintiff must show that (1) the insurer had no reasonable basis to deny the insured the benefits of the policy, and (2) the company knew or recklessly disregarded the fact that it had no reasonable basis for denying the... More...
$1 (11-29-2023 - VT)Thomas Cole v. Foxmar, Inc. d/b/a Education and Training Resources
Burlington, Vermont employment law lawyer represented Plaintiff, who sued Defendant claiming wrongful "retaliation in violation of the Vermont Occupational Safety and Health Act ('VOSHA'), 21 V.S.A. §§ 201-32, and retaliation in violation of the Vermont Earned Sick Time Act ('VESTA'), 21 V.S.A. §§ 481-87,..." Cole v. Foxmar, Inc. (D. Vt. 2022). <br> <table><br> <h1><br> <center><br> <... More...
$55000 (12-21-2022 - VT)<H2> Ann DeMarle v. Videk, Inc. </H2>
Burlington, Vermont insurance law lawyer represented Plaintiff who sued Defendant on a breach of insurance contract theory claiming to have suffered more than $75,000 in damages.<br> <br> This case was initially filed in the Vermont Superior Court, Chittenden Unit, Civil Div, 21-cv-236, and was removed to federal by the Defendant.<br> <br> <h2><br> <center><br> <a href="https://www.youtube.com/wat... More...
$0 (01-10-2022 - VT)Anna DeGreenis, et al. v. Life Insurance Company of North America
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)United States v. Donald Ray Boles
<center><br> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/150px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> In 2001, in an earlier case, Boles pleaded guilty to possession of child <... More...
$0 (01-28-2019 - VT)United States of America v. Donald Ray Boles
<center><br> <img width="200" src="https://upload.wikimedia.org/wikipedia/commons/a/ab/District-Vermont.png"><br> </center><br> <br> In this case, defendant‐appellant Donald Ray Boles was convicted in<br> the United States District Court for the District of Vermont, following a jury trial,<br> of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). On<br> April 17, 201... More...
$0 (01-27-2019 - VT)State of Vermont v. Christian J. Noll
<center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28404&z=74103&s=OK" target="_new"><h2> MoreLaw Receptionist Services<h2> </b></h3></a> <center><h3><FONT COLOR="red"> Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls </FONT> </h2></center><br> Defendant Christian J. Noll appeals from his conviction for <br> stalking pursuant to 13 V.S.A. § 106... More...
$0 (10-17-2018 - VT)State of Vermont v. Liana M. Roy <table> <td>
The central question in this case is whether a parent may be <br> convicted of custodial interference under 13 V.S.A. § 2451 for interfering with the custody of the <br> Department for Children and Families (DCF) in the absence of a court order specifying the <br> schedule and limitations of the parent’s visitation. Defendant Liana Roy was convicted of <br> custodial interference for taking h... More...
$0 (07-09-2018 - VT)State of Vermont v. William Schenk <table> <td>
Defendant William Schenk was charged with two counts of <br> disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of <br> Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that <br> the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated. <br> Defendant appeals the trial co... More...
$0 (06-11-2018 - VT)State of Vermont v. William Schenk <table> <td>
Defendant William Schenk was charged with two counts of <br> disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of <br> Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that <br> the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated. <br> Defendant appeals the trial c... More...
$0 (05-05-2018 - VT)State of Vermont v. Jeffrey Davis <table> <td>
Defendant Jeffrey Davis appeals his conviction for financial <br> exploitation of a vulnerable adult under 13 V.S.A. § 1380(a) following a jury trial. He raises four <br> arguments on appeal. His first two arguments arise from the trial court’s denial of his motion for <br> a judgment of acquittal and the sufficiency of the State’s evidence. He also argues that the court’s <br> instruct... More...
$0 (03-26-2018 - VT)State of Vermont v. Justin R. Kuzawski <table> <td>
In 2015, defendant was living with his girlfriend. His girlfriend had a six-year-old <br> daughter, E.P., from a prior relationship. E.P. lived primarily with her father, but spent one night <br> a week at the home shared by her mother and defendant. On one of those evenings, defendant was <br> cutting boxes with a box cutter. The box cutter defendant was using was not a typical box cutter; <b... More...
$0 (12-21-2017 - VT)State of Vermont v. Tyler Heffernan <table> <td>
Following a jury trial, defendant appeals his convictions for simple <br> assault and disorderly conduct stemming from a late-night brawl in downtown Burlington. First, <br> he argues that the court abused its discretion and denied him his rights to present a defense, to <br> compulsory process, and to due process when it denied his motion to continue the trial despite the <br> unavailability of... More...
$0 (12-03-2017 - VT)State of Vermont V. Kai A. Freeman
Defendant was charged with eleven offenses. The first five of these involved <br> alleged offenses against thirteen-year-old A.H., including one count of sexual assault against a <br> person under sixteen in violation of 13 V.S.A. § 3252(c); one count of repeated sexual assault as <br> part of a common scheme or plan under 13 V.S.A. § 3253(a)(9); one count of lewd and lascivious <br> conduct wi... More...
$0 (11-03-2017 - VT)<b>State of Vermont Supreme Court v. Joshua Anderson (Eastern Bail Bond Agency, Inc.) </ center></b>
The underlying facts are not disputed. On August 5, 2013, defendant was arraigned <br> on a charge of possessing stolen property. Defendant was ordered to provide the court with a <br> surety bond or cash in the amount of $5000. Defendant’s conditions of release also required him <br> to come to court for scheduled hearings and to provide his attorney and the court with his updated <br> addre... More...
$0 (12-17-2016 - VT)Christopher Blake v. Progressive Northern Insurance
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.’” ... More...
$0 (04-24-2016 - VT)State of Vermont v. Leo Reynolds
Defendant is charged with four felony counts of lewd and lascivious conduct with <br> a child and one felony count of aggravated sexual assault on a victim younger than thirteen. <br> Defendant was sixty-seven years old at the time of the charged conduct, and the alleged victim, <br> defendant’s neighbor Z.Z., was seven years old. Defendant filed a motion to suppress in October <br> 2014, argu... More...
$0 (04-10-2016 - VT)State of Vermont v. Leo Reynolds
Defendant is charged with four felony counts of lewd and lascivious conduct with <br> a child and one felony count of aggravated sexual assault on a victim younger than thirteen. <br> Defendant was sixty-seven years old at the time of the charged conduct, and the alleged victim, <br> defendant’s neighbor Z.Z., was seven years old. Defendant filed a motion to suppress in October <br> 2014, argu... More...
$0 (04-08-2016 - VT)Synecology Partners L3C v. Business RunTime, Inc., et al.
In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the <br> company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new <br> software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in <br> Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and <br> two former SynEcology employees, Thoma... More...
$0 (03-04-2016 - VT)Flight Attendants in Reunion v. Am. Airlines, Inc.
After the 2013 merger between American Airlines, Inc. and U.S. 23 <br> Airways, four former Trans World Airlines (“TWA”) flight attendants, 24 <br> now working for American Airlines, and Flight Attendants in Reunion 25 <br> (“FAIR”), an unincorporated association formed to enforce the legal rights 26 <br> of similarly situated flight attendants, ... More...
$0 (02-18-2016 - VT)State Of Vermont v. Luis Roldan
The defendant, Luis Roldan, was convicted of felony <br> assault with a dangerous weapon, discharging a firearm while committing a crime of violence, <br> and carrying a handgun without a license. On appeal, he contends that the trial justice erred in <br> denying his motion for a new trial. For the following reasons, we affirm the judgment of <br> conviction. The genesis for the crimes of whi... More...
$0 (02-12-2016 - VT)State of Vermont v. Peter A. Goewey
Defendant and the State entered a plea agreement, in exchange for which the <br> charge was amended and other charges against defendant were dismissed. The plea agreement <br> contemplated a contested sentencing hearing allowing the State to argue for a sentence of up to <br> forty years to life to serve and defendant to argue for a sentence of ten years to life, split to serve <br> five years. ... More...
$0 (02-08-2016 - VT)State Of Vermont v. Salahdin Trowell
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 <br> (3) denying his motion for judgment of acqui... More...
$0 (01-01-2016 - VT)State Of Vermont v. Leo Paul Pratt II
Defendant appeals his conviction in Addison Superior Court on <br> the grounds that the court erred by: (1) admitting the victim’s out-of-court statements under <br> Vermont Rule of Evidence 804a; (2) admitting expert testimony under Vermont Rule of <br> Evidence 702; and (3) coercing a jury verdict. We affirm. <br> ¶ 2. Defendant was charged with aggravated sexual assault of a minor under th... More...
$0 (01-01-2016 - VT)State Of Vermont v. William O. Stanley, Sr.
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 <br> way that may have violated the Double Jeopardy... More...
$0 (01-01-2016 - VT)State Of Vermont v. Leo Paul Pratt II
Defendant was charged with aggravated sexual assault of a minor under the age of <br> thirteen in violation of 13 V.S.A. § 3253(a)(8). The victim, T.B., was twelve years old at the <br> time of the incident that gave rise to this case. Evidence presented at trial demonstrates the <br> following. On November 14, 2012, T.B. arrived home from school and was alone in the house <br> with defendant,... More...
$0 (12-31-2015 - VT)Vermont Human Rights Commission, Lynne Silloway, Mary Bertrand and Lisa DeBlois v. State of Vermont, Department of Corrections and Department of Human Services
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...
$0 (12-29-2015 - VT)State Of Vermont v. William O. Stanley, Sr.
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 <br> way that may have violated the Double Jeopar... More...
$0 (12-27-2015 - VT)Nichols v. LaPlante
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 file... More...
$0 (12-03-2015 - VT)Grover V. Kilawatt Technologies, Inc.
On December 24, 2014, the court granted a motion to amend the complaint to add <br> Gregory Johnson and others as defendants. The 60-day period to serve the new parties thus ran <br> from that date, and expired in February. V.R.C.P. 3. On April13, Plaintiff filed a motion to <br> extend the time for service upon Mr. Johnson. The court denied the motion as untimely and <br> unsupported by excusable... More...
$0 (11-27-2015 - VT)Janet Knutsen v. David M. Dion
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 attorne... More...
$0 (10-25-2015 - VT)James LeBlanc, Christine LeBlanc Fortin, David LeBlanc and Herman LeBlanc v. Robert E. Snelgrove
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 <br> trespass. The neighbors challenge the trial cou... More...
$0 (10-25-2015 - VT)Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien
In the early 1980s, landlords William and Susan O’Brien purchased the subject <br> property, which is located in the Old North End of Burlington and includes a two-story house <br> and brick building (referred to as the creamery) with a common wall to the rear of the house. <br> The creamery has no fixtures and has never been inhabited. After landlords purchased the <br> property in 1982, the ... More...
$0 (10-24-2015 - VT)Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien
In the early 1980s, landlords William and Susan O’Brien purchased the subject <br> property, which is located in the Old North End of Burlington and includes a two-story house <br> and brick building (referred to as the creamery) with a common wall to the rear of the house. <br> The creamery has no fixtures and has never been inhabited. After landlords purchased the <br> property in 1982, the... More...
$0 (10-23-2015 - VT)Mark Whiting v. James Lillicrap, et al., ,
Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and <br> control of Defendant Vermont Department of Corrections (the “Department”), who <br> is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is <br> awaiting trial on twelve criminal charges in a case pending in the Criminal Division <br> of this Unit, Docket No. 566-10-13 Oscr. The char... More...
$0 (10-21-2015 - VT)Arapaho Owners Association, Inc. and Kattalia v. Alpert, et al.
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. <br> <br> ¶ 2. The case began its journey through the legal syste... More...
$0 (08-01-2015 - vt)State of Vermont v. Joseph Mottolese (Allstate Bail Bonds)
¶ 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 Allstate... More...
$0 (06-12-2015 - VT)Gilbert E. McCormack and Shelagh McCormack v. Rutland Hospital, Inc. d/b/a Rutland Regional Medical Center and Henry B. DiMuzio, Jr., M.D.
¶ 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 in ... More...
$0 (08-02-2013 - VT)Rachel Smith v. Jasper Wright
¶ 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.<br><br>¶ 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)