Vermont Fiduciary Duty Law
 

Richard Grajeda v. Vail Resorts Inc. et al.

Burlington, Vermont personal injury lawyers represented the Plaintiff who sued on premises liability negligence theories.

Plaintiff Richard Grajeda brings this negligence action against Vail Resorts Inc., Vail Resorts Management Company, and Okemo Limited Liability Company (collectively, “Defendants”), seeking damages for injuries he sustained in a collision with a snowmaking station ... More...
   $0 (03-02-2024 - VT)

Denise Thompson and Robert E. Thompson, Jr. v. Killington/Pico Ski Resort Partners, LLC

Burlington, Vermont personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory.

Plaintiffs claimed that they suffered more than $75,000 in damages and/or injuries.

Vermont ski resort injury negligence law sits at the intersection of personal injury law and recreational sports. It's a unique area with specific statutes and considerations that di... More...
   $1 (11-29-2023 - VT)

Bruce Kelley and Nancy Kelley v. Franklin County Rehab Center, LLC, et al.

Rutland, Vermont personal injury lawyer represented Plaintiffs, who sued Defendants on medical malpractice negligence theories claiming to have suffered more than $75,000 in damages and injuries as a direct result of substandard medical care.
device.





Fed... <a href=More...    $0 (02-09-2023 - VT)

United States v. Donald Ray Boles





In2001,inanearliercase,Bolespleadedguiltytopossessionofchild
pornograp... More...
   $0 (01-28-2019 - VT)

United States of America v. Donald Ray Boles





In this case, defendant‐appellant Donald Ray Boles was convicted in
the United States District Court for the District of Vermont, following a jury trial,
of possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B). On
April 17, 2017... More...
   $0 (01-27-2019 - VT)

United States of America v. Salmen Hernandez-Ayala

United States District Court for the District of Vermont

Burlington, VT - Mexican Man Sentenced for Alien Smuggling

Salmen Hernandez-Ayala, 48, a citizen of Mexico, was sentenced on September 10, 2018 in United States District Court in Burlington for transporting three illegal aliens within the United States. United States District Judge Christina Reiss sentenced Hernandez-Ayala to time served. Hernandez-Ayala has been in custody since his ar... More...
   $0 (09-10-2018 - VT)

United States of America v. Richard Monroe

United States District Court for the District of Vermont

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)

State of Vermont v. Jasen Suhr

v

Defendant appeals the trial courts decision that he violated the
terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring
requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial
courts decision to revoke his youthful-offender status based on these violations. We affirm in
part and reverse and remand ... More...
   $0 (04-28-2018 - VT)

State of Vermont v. Jeffrey Davis

Vermont Supreme Court

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 courts denial of his motion for
a judgment of acquittal and the sufficiency of the States evidence. He also argues that the courts
instructions to... More...
   $0 (03-26-2018 - VT)

State of Vermont v. Willy Levitt

Defendant was convicted of simple assault in a jury trial in
December 2014 and placed on probation. He requests that this Court reverse his conviction and
remand for a new trial because the trial court improperly defined reasonable doubt for the jury,
thus lowering the standard of proof. In the alternative, he raises three arguments regarding his
probation conditions: (1) tha... More...
   $0 (05-29-2016 - VT)

State of Vermont v. David G. Buckley

Defendants 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 defendants
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)

State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal calls upon us to decide whether V.S.A. 462 creates an exemption from the general six-year limitation for the State of Vermonts claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of
limitations, the trial court dismissed the States claims ins... More...
   $0 (05-29-2016 - VT)

Concord General Mutual Insurance Company and Kevin Flanagan and Linda Flanagan v. Nathan Gritman, Austin Lawson, Nicholas T. Sweet, Elizabeth Plude, Kevin Spear and Dylan Stinson

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)

State of Vermont Supreme Court v. Stephen Howard

In this driving under the influence (DUI) case, the State appeals
the granting of defendants motion to exclude evidence collected from a traffic violation stop of
his car. The trial court granted the motion and dismissed the case because it concluded that the
trooper who conducted the stop did not have a reasonable and articulable suspicion that
defendant committed a traffic... More...
   $0 (04-30-2016 - VT)

State of Vermont v. Jason Atherton a/k/a Melton

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)

State of Vermont v. Jason Atherton a/k/a Melton

Defendant appeals from a judgment of conviction of sexual assault,
in violation of 13 V.S.A. 3252(a)(1). He contends: (1) the seating of two biased jurors
deprived him of his right to an impartial jury; (2) the trial court committed prejudicial error by
prohibiting him from using a prior conviction to impeach a witness; and (3) the prosecutors
comments during closing argum... More...
   $0 (02-28-2016 - VT)

Flight Attendants in Reunion v. Am. Airlines, Inc.

Afterthe2013mergerbetweenAmericanAirlines,Inc.andU.S.23
Airways,fourformerTransWorldAirlines(TWA)flightattendants,24
nowworkingforAmericanAirlines,andFlightAttendantsinReunion25
(FAIR),anunincorporatedassociationformedtoenforcethelegalrights26
ofsimilarlysituatedflightattendants,filedthislawsuit.Intheiramended27
compla... More...
   $0 (02-18-2016 - VT)

State Of Vermont v. Timothy P. Perley

Defendant was charged with numerous crimes in March 2013, including: leaving
the scene of an accident; violating conditions of release; operating with a suspended license;
driving under the influence (DUI), third offense; and refusing to submit to an evidentiary test.
Defendant pled nolo contendere to the first three charges.
3. In July 2013, defendant moved to dismiss the... More...
   $0 (12-31-2015 - VT)

State Of Vermont v. Paul Aiken

Defendant appeals the decision of the Orange Superior Court, Criminal Division denying his motion to suppress his refusal to submit to an evidentiary breath test on the ground that he was denied his right to counsel under 23 V.S.A. 1202. We affirm.

2. The following facts are undisputed. On November 12, 2013, shortly before
midnight, defendant was pulled over for speeding. The... More...
   $0 (12-31-2015 - VT)

Neil and Patricia Whitney v. Vermont Mutual Insurance Company

This case calls upon us to apply a pollution exclusion in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont
Mutual Insurance Company (Vermont Mutual) argues t... More...
   $0 (12-27-2015 - VT)

Janet Knutsen v. David M. Dion

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

Michael Bandler, MB&Co, Ltd. a/k/a Michael Bandler & Company v. Cohen Rosenthal & Kramer, LLP

Plaintiffs Michael Bandler and MB&Co, Ltd. (corporation)
bring an interlocutory appeal from the trial courts ruling that Bandler, a nonattorney, may not
represent corporation in this case. He argues that the trial court violated his due-process rights
by ruling on the basis of the parties respective written submissions on the issue of representation
without giving him pri... More...
   $0 (10-24-2015 - VT)

Dow Tillson and Susan Tillson v. Richard A. Lane, M.D. and Lane Eye Associates

Plaintiffs appeal from a decision by the Superior Court, Windsor
Unit, Civil Division, granting defendants motion for summary judgment in a medical
malpractice suit. We reverse and remand.
2. The record shows that plaintiff Dow Tillson underwent an elective procedure to
remove a cataract in his left eye. Defendant Dr. Richard Lane, M.D., performed the procedure at
Sp... 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 OBrien 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)

Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP

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)

Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien

In the early 1980s, landlords William and Susan OBrien 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)

United States of America v. Patricia Merz and Christopher McGuigan

Burlington, VT - Patricia Merz And Christopher McGuigan Sentenced For Embezzling From Mother's Bennington Estate

Patricia Merz, 58, of Niskayuna, New York, and her brother, Christopher McGuigan, 53, of Rutland, have been sentenced in United States District Court in Burlington following their convictions on federal fraud and conspiracy charges. Today, Chief U.S. District Judge Christina Re... More...
   $0 (07-28-2015 - VT)

State of Vermont v. Joseph Mottolese (Allstate Bail Bonds)

¶ 1. SKOGLUND, J. Appellant Allstate Bail Bonds (“Allstate”) 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)

United States of America v. Patricia Merz and Christopher McGuigan

The Office of the United States Attorney for the District of Vermont announced that a federal jury in Burlington on Friday found Patricia Merz, 57, of Niskayuna, New York, guilty on charges of conspiracy, interstate transportation of stolen money, wire fraud and forgery after a three-day trial in U.S. District Court. The week before, Christopher McGuigan, 52, of Rutland, Merz's brother and co-def... More...    $0 (10-14-2014 - VT)

In re Roman Catholic Diocese of Albany, New York, Inc.

Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di... More...    $0 (02-08-2014 - 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... More...    $0 (08-02-2013 - VT)

Jamie Clarke v. Joseph Abate, M.D.

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...    $0 (08-09-2013 - VT)

Thomas Kellogg v. Cindy Shushereba

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag... More...    $0 (09-06-2013 - VT)

David Demarest and Jeffrey Moulton and Town of Underhill

¶ 1. ROBINSON, J. Petitioners appeal from the trial court’s 2012 order upholding the Town of Underhill’s decision to reclassify a segment of Town Highway 26 (TH 26) from a Class 3 and Class 4 highway to a legal trail. Petitioners argue that: the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. §§ 7... More...    $0 (09-27-2013 - VT)

Rutland Herald v. City of Rutland and AFSCME Council 93, Local No. 1201

¶ 1. BURGESS, J. The City of Rutland appeals from the trial court’s order, on remand, directing it to disclose certain records under the Vermont Public Records Act (PRA), 1 V.S.A. §§ 315-320. The records concern several Rutland Police Department (RPD) employees who were investigated and disciplined for viewing and sending pornography on work computers while on duty. The City a... More...    $0 (10-11-2013 - VT)

Peter Dernier v. Mortgage Network, Inc.

¶ 1. DOOLEY, J. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs’ purchase of their house based on irregularities and fraud in the transfer of both instruments, (2)... More...    $0 (10-18-2013 - VT)

Thomas R. Baptie v. Jonathan Bruno and Aron McNeil

¶ 1. BURGESS, J. Plaintiffs Thomas and Marie Baptie, administrators of the estate of their son, John Baptie, appeal the superior court’s decision granting defendant Aron McNeil, a former police officer, summary judgment with respect to their lawsuit alleging that the officer was liable for the death of their son as the result of his negligent investigation of their complaint again... More...    $0 (12-06-2013 - VT)

Long Trail House Condominium Association v. Engelberth Construction, Inc.

¶ 1. SKOGLUND, J. This litigation stems from the construction of a 143-unit condominium complex known as the Long Trail House at Stratton Mountain, Vermont. Plaintiff Long Trail House Condominium Association appeals from the trial court’s order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argues that th... More...    $0 (09-28-2012 - VT)

Eitan Sobel and Vered Sobel v. City of Rutland

¶ 1. BURGESS, J. Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appeal the superior court’s grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built... More...    $0 (10-12-2012 - VT)

Sally J. Taylor v. Fletcher Allen Health Care

¶ 1. SKOGLUND, J. Plaintiff Sally J. Taylor sued Fletcher Allen Health Care (FAHC) for medical negligence and negligent infliction of emotional distress, in connection with her medical care following a surgery performed on her lumbar spine. After plaintiff failed to disclose any expert witness in response to discovery requests, FAHC moved for summary judgment, arguing that plaintif... More...    $0 (10-19-2012 - VT)

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