Vermont Independent Contractor Law
<h2> </center> State of Vermont v. Mark Sterling </h2> </center>
Burlington, Vermont, criminal defense lawyer represented the Defendant charged with stalking. Reported by <a href="https://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28729&z=74119&s=OK" target="_new">Kent Morlan</a> Mark Sterling was charged with one count of aggravated stalking while possessing a deadly weapon under 13 V.S.A. § 1063(5). Additionally, he was charged with violation... More...
$ (07-15-2026 - VT)United States of America ex rel. Toby Markowitz and Elizabeth Ringold v. NextGen Healthcare, Inc.
Burlington, Vermont civil litigation lawyers represented Defendant accused of violating the False Claims Act by misrepresenting the capabilities of certain versions of its EHR software and providing unlawful remuneration to its users to induce them to recommend NextGen's software.<br> <br> "Electronic health records are an essential part of our healthcare system†said Principal Deputy Assis... More...
$0 (07-14-2023 - VT)<H2> Migrant Justice v. United States Department of Homeland Security, et al. </H2>
Burlington, Vermont immigration lawyers represented Plaintiffs, who sued Defendants seeking information under the Freedom of Information Act, 05 USC 552.<br> <table><br> <h1><br> <center><br> <a font="red" href="https://www.morelaw.com/vermont/news/burlington/" target="_new">MoreLaw Legal News For Burlington</a><br> </font><br> </center><br> </h1><br> </table><br> </center><br> <br> 5 U.S.C. 552 -... More...
$0 (11-22-2022 - 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)United States of America v. J.A. McDonald, Inc.
Burlington, Vermont civil litigation lawyers represented Defendant charged with fraud.<br> <br> General contractor J.A. McDonald, Inc. ("JAMâ€), headquartered in Lyndon Center, Vermont, has agreed to pay $637,500.00 to the United States and the State of Vermont to resolve allegations that JAM violated the federal False Claims Act, 31 U.S.C. § 3729, and the Vermont False Claims Act, 32 V.S.... More...
$637000 (11-29-2021 - VT)United States of America v. Greenway Health, L.L.C.
<center><br> <img width="200" src="https://upload.wikimedia.org/wikipedia/commons/a/ab/District-Vermont.png"><br> </center><br> Burlington, VT - Electronic Health Records Developer To Pay Second Largest Recovery In The History Of The District Of Vermont -- $57.25 Million -- To Settle False Claims Act Allegations<br> <br> The Office of the United States Attorney for the District of Vermont stated t... More...
$0 (02-11-2019 - 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)<b>State of Vermont Supreme Court v. Stuart Cleland </ center></b>
On June 7, 2013, after a nearly month-long investigation regarding a clandestine <br> methamphetamine operation, a detective with the Vermont State Police applied for and obtained a <br> warrant to search the residence and curtilage at a specified address on Windmill Point Road in <br> Alburg, Vermont. The search warrant was executed three days later by the state police and <br> associated law en... More...
$0 (12-17-2016 - VT)State Of Vermont v. Daniel Hunt
This case came before the Supreme Court on March 2, 2016, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The defendant, Daniel Hunt, was charged with two counts of second-degree child molestation sexual assault (second-degree child molestation). <br> After a jury trial in the Superior Court, the defendant ... More...
$0 (04-12-2016 - VT)State of Vermont v. Thomas Bryan
Defendant, Thomas Bryan, appeals from the criminal <br> division’s denial of his motion to withdraw counsel and order finding him in violation of his <br> probation. The critical question in this case is whether sexually touching a minor violates a <br> probation condition prohibiting violent or threatening behavior. We hold that defendant’s act <br> constitutes violent behavior and we affi... More...
$0 (02-13-2016 - VT)State of Vermont v. Atlantic Richfield Company, et al.
This interlocutory appeal requires us to examine the contours of <br> the “stream-of-commerce” doctrine of personal jurisdiction, which was introduced by the U.S. <br> Supreme Court in a 1980 decision but later divided the Court with respect to its scope. <br> Defendant Total Petrochemicals & Refining USA, Inc. (TPRI) challenges a decision of the <br> superior court, civil division, denying ... More...
$0 (02-12-2016 - 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. Ivan Alcide
Defendant Ivan Alcide was charged with possession of heroin and <br> cocaine and sought to suppress all evidence of drugs seized from his vehicle after a police dog <br> indicated the presence of drugs. The trial court found that the contraband was obtained through <br> the illegal expansion of the scope of a motor vehicle violation stop into a criminal drug <br> investigation, suppressed the ev... More...
$0 (02-08-2016 - VT)United States v. Allen
The facts are not in dispute. On July 25 or 26, 2012, the Springfield,<br> Vermont Police Department received a written complaint that on July 23, John<br> Johnston had been assaulted by a man known to him only as “D.J.” A<br> Springfield police officer interviewed Johnston on July 26, and based on that<br> interview, and the officer’s ... More...
$0 (01-31-2016 - VT)State Of Vermont v. Ivan Alcide
Defendant Ivan Alcide was charged with possession of heroin and <br> cocaine and sought to suppress all evidence of drugs seized from his vehicle after a police dog <br> indicated the presence of drugs. The trial court found that the contraband was obtained through <br> the illegal expansion of the scope of a motor vehicle violation stop into a criminal drug <br> investigation, suppressed the ev... More...
$0 (01-09-2016 - VT)State Of Vermont v. Latonia Cong
This case requires us to decide whether, in a murder prosecution, a jury can find a defendant guilty of voluntary manslaughter, as opposed to murder, on the basis of evidence that the defendant's actions were influenced by a serious psychological condition that does not rise to the level of insanity and does not negate the defendant's specific intent to kill. It also obliges us to reconcile dispar... More...
$0 (01-02-2016 - 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. 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)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. <br> <br> ¶ 2. The following facts are undisputed. On November 12, 2013, shortly before <br> midnight, defendant was pulled over for speeding. T... More...
$0 (12-31-2015 - VT)State Of Vermont v. Peter A. Goewey
¶ 2. 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 ye... More...
$0 (12-27-2015 - VT)Equinox on the Battenkill Management Assn., Inc. v. Philadelphia Indemnity Ins. Co.
In this appeal, we are asked to decide whether our decision in Gage v. Union <br> Mutual Fire Insurance Co. remains good law with regards to the meaning of “collapse” and <br> whether Gage controls the result here. 122 Vt. 246, 169 A.2d 29 (1961). We conclude that the <br> policy language in this dispute is broader than the language in Gage and that therefore Gage does <br> not control. We ... More...
$0 (10-28-2015 - 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)Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP
This case arises out of a divorce proceeding between plaintiff <br> Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC <br> (DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn & <br> Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business <br> 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 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)Dain Goshee v. Christina Goshee
¶ 1. This case calls upon us to consider Vermont's statutory residency requirement for filing a divorce action. The trial court dismissed husband's divorce complaint on the ground that the residency requirement was not satisfied. We affirm.<br> ¶ 2. Husband, Dain Gosbee, filed a divorce action in the Superior Court, Washington Unit, Family Division, on November 1, 2013.... More...
$0 (06-12-2015 - VT)John L. Preston, Jr. v. Burlington City Retirement Plan
¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City's decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm. <br><br>�... More...
$0 (07-12-2013 - VT)Adam Cate v. City of Burlington
¶ 1. ROBINSON, J. Plaintiff filed suit for breach of contract and intentional infliction of emotional distress (IIED) against his former employer, the City of Burlington, claiming that the City disciplined him for actions and in a manner not authorized by the City's personnel manual. The trial court granted the City summary judgment, concluding that the manual unambiguously allowed... More...
$0 (08-02-2013 - 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 agreem... More...
$0 (09-06-2013 - 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 against... More...
$0 (12-06-2013 - VT)Roy, Hirschbuhl, Barr, et al. v. Woodstock Community Trust, Inc.
¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More...
$0 (01-07-2014 - VT)Michael Bandler v. Charter One Bank n/k/a Citizens Bank
¶ 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.<b... More...
$0 (10-05-2012 - 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 the ... More...
$0 (09-28-2012 - VT)Glenn Engel III v. Holly Engel
¶ 1. DOOLEY, J. Mother appeals from a final divorce order granting father parental rights and responsibilities for the parties' two children and giving mother parent-child contact in stages beginning with supervised contact with progression through the stages determined by the children's medical and mental health providers. Mother argues that the order impermissibly delegates the c... More...
$0 (11-30-2012 - VT)Victor J. Shattuck v. Donna Mae Peck
¶ 1. BURGESS, J. Defendant Donna Mae Peck appeals from a superior court judgment granting plaintiff Victor J. Shattuck a writ of possession for the parties' former residence in Cavendish and denying defendant's counterclaim for an equitable interest in the Cavendish property and another former residence in Springfield. We affirm. <br><br>¶ 2. The facts as found by the ... More...
$0 (01-20-2013 - VT)Bradley Columbia v. Buffy Lawton
¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child's parents. We conclude that Vermont's parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or agai... More...
$0 (01-20-2013 - VT)Mylan Technologies, Inc. v. Zydus Noveltech, Inc.
This case involves a trade secrets claim between competitors in the generic pharmaceutical industry, and specifically the sub-part of that industry dealing with transdermal drug delivery systems. Plaintiffs Mylan Technologies, Inc. and Mylan, Inc. (collectively, "Mylanâ€) allege that defendant Dr. Sharad Govil took important trade secrets when he left his position as a senior Mylan executive ... More...
$0 (12-21-2012 - VT)Maura E. Breslin v. James Synnott, III
<br><br>¶ 1. REIBER, C.J. Wife appeals from a superior court, family division order requiring her to sign a waiver to correct a previously filed Qualified Domestic Relations Order (QDRO), which erroneously gave her survivorship benefits in her former husband's pension. We affirm.<br><br>¶ 2. The underlying facts are not in dispute. Wife and husband were married in 197... More...
$0 (07-19-2012 - VT)