More...    $0 (02-09-2023 - VT)

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)

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 appeals the trial court’s 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
court’s 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)

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)

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)

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)

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 Vermont’s 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 State’s claims ins... 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)

In this driving under the influence (DUI) case, the State appeals
the granting of defendant’s 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)

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)

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 prosecutor’s
comments during closing argum... More...    $0 (02-28-2016 - 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)

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)

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)

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)

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)

Plaintiffs Michael Bandler and MB&Co, Ltd. (“corporation”)
bring an interlocutory appeal from the trial court’s 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)

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)

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)

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)

¶ 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)

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)

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)

¶ 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. 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)

¶ 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)

¶ 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)

¶ 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)

¶ 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)

¶ 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)

¶ 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)

¶ 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)

¶ 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)