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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 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)

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 this appeal, we are asked to decide whether our decision in Gage v. Union
Mutual Fire Insurance Co. remains good law with regards to the meaning of “collapse” and
whether Gage controls the result here. 122 Vt. 246, 169 A.2d 29 (1961). We conclude that the
policy language in this dispute is broader than the language in Gage and that therefore Gage does
not control. We reve... More...    $0 (10-28-2015 - 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)

3 Plaintiffs, who are 704 current and former employees of the State of Vermont, appeal from
4 the dismissal of the action by the United States District Court for the District of Vermont
5 (Sessions, J.) by reason of Vermont’s sovereign immunity. The complaint alleges violations of the
6 Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq. (“FLSA”), and seeks declaratory and
7... More...    $0 (09-16-2015 - 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. Defendant appeals an order of the Windham Superior Court[1] concluding that he violated a condition of his probation requiring him to notify his probation officer if he is planning to begin a sexual relationship. We reverse.
¶ 2. On October 29, 2009, defendant was convicted of several felony and misdemeanor offenses and placed on probation. In August 2013, afte... More...    $0 (06-12-2015 - 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. Plaintiff Michelle Straw appeals the judgment order of the superior court, pursuant to a jury verdict, dismissing her case for breach of an implied employment contract against defendant Visiting Nurse Association and Hospice of Vermont and New Hampshire (VNA). She argues that the jury instructions in her case were erroneous and prejudicial because they failed to ins... More...    $0 (10-18-2013 - 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. DOOLEY, J. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.’s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR’s form purchase and sale agreement, which was used in h... More...    $0 (11-08-2013 - VT)

¶ 1. ROBINSON, J. This case presents the question of whether the superior court has authority to review questions regarding arbitrability in the midst of an arbitration, and outside of the specific review provisions in the Vermont Arbitration Act (VAA). We conclude that it does not, and reverse the superior court’s ruling concerning the arbitrability of class claims in this case.... More...    $0 (10-05-2012 - 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. SKOGLUND, J. Kayla Eaton’s lawsuit against her former employer and supervisor for sexual assault was dismissed for failure to prosecute. She claims that her ability to prosecute the case was thwarted by a licensed polygraph examiner, Leroy Prior, who determined that she did not tell the truth in responding to questions about the alleged assault. Ms. Eaton and her father Rob... 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. This is an appeal by defendant Junior’s Pizza, Inc. from a superior court decision confirming an arbitration award and awarding attorney’s fees to plaintiff UniFirst Corporation. The Chittenden Superior Court, Civil Division, held that Junior’s waived its right to object to arbitration by failing to challenge the award within thirty days of receiving notice. Finding no er... More...    $0 (02-12-2012 - VT)

¶ 1. This appeal stems from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) granting VSA the right to host its annual swim meet at a facility in a city park. VSA appeals the trial court’s award of attorney’s fees to the City. Because the plain language of the parties’ contract does not require VSA to pay attorney’s fees incurred by the City i... More...    $0 (09-11-2011 - VT)

¶ 1. Plaintiff appeals a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of defendants for lack of subject matter jurisdiction. We affirm.

¶ 2. Plaintiff, Linda Nordlund, owns a property (Nordlund parcel) on West Shore Road in Salisbury, Vermont. Defendant Elizabeth Van Nostrand (Van Nostrand) owns the abutt... More...    $0 (07-17-2011 - VT)

Vermont, like many states, allows the owners of motor vehicles to request a “special numberâ€� license plate — more commonly known as a “vanityâ€� plate — that contains a short message selected by the registrant rather than the generic combinations of letters and digits that the state Department of Motor Vehicles (“DMVâ€�) would otherwise assign. While Vermont allows residents to select ... More...    $0 (10-08-2010 - VT)

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...    $0 (07-02-2010 - VT)

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer’s counterclaims for bad faith and consumer fraud. We affirm the court’s dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand... More...    $0 (11-30--0001 - VT)

Plaintiff appeals the dismissal of his complaint against defendant Howard Manosh. The original complaint listed Vermont Asbestos Group (VAG) as the only defendant. Plaintiff subsequently filed proposed amendments to his complaint to add as a defendant the president and CEO of VAG, Howard Manosh. Plaintiff stated that Manosh was personally liable for the alleged trespass and nuisance claims. Af... More...    $0 (02-04-2010 - VT)

Claimant appeals from the superior court’s order granting summary judgment to insurer in this workers’ compensation case.[1] He argues that the court: (1) exceeded its jurisdiction under 21 V.S.A. § 671 by granting summary judgment to insurer; and (2) abused its discretion by excluding the expert testimony that he offered. We affirm the trial court’s decision.

¶ 2. ... More...    $0 (02-04-2010 - 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)

Defendant Roman Catholic Diocese of Burlington, Vermont appeals an adverse final judgment on the grounds that the superior court erred by (1) granting plaintiff James Turner’s motion for judgment as a matter of law and setting aside the jury’s finding on the statute of limitations’ discovery period, (2) failing to dismiss plaintiff’s claim of negligent supervision, and (3) granting a mistr... More...    $0 (10-12-2009 - VT)

¶ 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorney’s fees and prejudgment interest as an addition to an arbitrator’s award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial court’s modification of the arbitrator’s d... More...    $0 (10-31-2008 - 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. Plaintiffs in this case are Nancy and Eugene Field, farmers from Connecticut who wanted to purchase a particular Vermont farm. Defendants are four independent parties including: the previous owners of the subject farm, Armando and Maria Costa; the current owners of the farm, Lorenzo and Amy Quesnel; a real estate agency and one of its brokers, Coldwell Banker Bill Beck Real Estate and Richard... More...    $0 (06-06-2008 - VT)

Piper Ridge Homeowners' Association sued Winhall Real Estate, Inc. claiming that arguing that Theodore Cetron and the company built the Piper Ridge development in Winhall on unsuitable land. Plaintiffs alleged that some of the units were built on a dump filled with rotting logs and stumps. It also alleged that some of the units had substandard roofing and siding and that Cetron and ... More...    $3300000 (09-26-2006 - VT)

Piper Ridge Homeowners' Association sued Theodore Cetron and Winhall Real Estate, Inc. on a fraud theory claiming that defendants violated the state consumer fraud act. The association alleged that Cetron and 16 other named defendants built the Piper Ridge development on unsuitable land and that some of the units sit on a dump filled with rotting logs and stumps. Plaintiff also claime... More...    $3300000 (09-22-2006 - VT)

Plaintiff, Dr. Leigh LoPresti, appeals from the superior court's summary judgment in favor of defendant, Rutland Regional Physician Group, Inc. (Physician Group), his former employer. Dr. LoPresti claims that he was fired for his refusal to refer his patients to certain other Physician Group doctors whom he believed provided substandard and unnecessary care to his patients. Dr... More...    $0 (11-03-2004 - VT)

Sentinel Financial denied the accusations.... More...    $1300000 (10-11-2004 - VT)

This appeal arises out of the Washington Superior Court's summary judgment dismissal of plaintiffs' claim that defendants, Benevolent and Protective Order of Elks of the United States of America ("National Elks") and Benevolent and Protective Order of Elks, Hartford, Vermont, Lodge 1541 ("Hartford Lodge"), discriminated against them on the basis of sex in violation of 9 V.S.A. § ... More...    $0 (11-07-2003 - VT)

1. This appeal challenges a court order limiting discovery and independent investigation before trial. Appellant Paul Schmitt appeals from a jury verdict finding that appellee Richard Lalancette was not liable to Schmitt in connection with a house inspection that Lalancette performed for Schmitt. Schmitt claims Lalancette's inspection failed to identify serious structural f... More...    $0 (03-21-2003 - 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)

Defendants, comprised of the manufacturers, distributors and retailers of a cotton garment that ignited, injuring Stephanie Needham, appeal from a judgment based on a jury verdict in favor of plaintiffs, Stephanie and her parents, on their negligence, breach of warranty and products liability claims. Defendants contend the court erroneously: (1)denied their motion for judgment as a matter of l... More...    $0 (10-07-2002 - VT)