Burlington, Vermont employment law lawyer represented Plaintiff, who sued Defendant on a Fair Labor Standards Act (FLSA) violation theory.

Employee Christie Mitchell appeals a summary judgment order
in favor of NBT Bank, N.A. regarding its policy of deducting her overtime compensation from her
commissions so that she was never paid more than gross commissions regardless of how man... More...    $0 (04-22-2022 - VT)

Burlington, Vermont firearm felony charge criminal defense lawyer represented Defendant, Veronica Lewis, 36, of Worchester, Vermont who was charged with Interference with Commerce by Robbery, and Possession of a Stolen Firearm. United States District Judge Christina Reiss deferred acceptance of the plea agreement by the Court until sentencing, which has been scheduled for May 28, 2021. The agree... More...    $0 (02-15-2021 - 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)

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)

In 2015, defendant was living with his girlfriend. His girlfriend had a six-year-old
daughter, E.P., from a prior relationship. E.P. lived primarily with her father, but spent one night
a week at the home shared by her mother and defendant. On one of those evenings, defendant was
cutting boxes with a box cutter. The box cutter defendant was using was not a typical box cutter; More...    $0 (12-21-2017 - VT)

Burlington, VT - New Jersey Man Sentenced to Six Months of Incarceration and $10,000 Fine for Hiring Twelve Unauthorized Aliens

Sanjay Gupta, 51, of Fords, New Jersey, was sentenced yesterday for illegally hiring twelve unauthorized aliens to work at his company, Doon Technologies located in Iselin, New Jersey. U.S. District Judge J. Garvan Murtha sentenced Gupta to a six-month term of in... More...    $24000 (09-11-2017 - VT)

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.’” George C... More...    $0 (04-24-2016 - 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 Ivan Alcide was charged with possession of heroin and
cocaine and sought to suppress all evidence of drugs seized from his vehicle after a police dog
indicated the presence of drugs. The trial court found that the contraband was obtained through
the illegal expansion of the scope of a motor vehicle violation stop into a criminal drug
investigation, suppressed the ev... More...    $0 (02-08-2016 - VT)

Defendant Ivan Alcide was charged with possession of heroin and
cocaine and sought to suppress all evidence of drugs seized from his vehicle after a police dog
indicated the presence of drugs. The trial court found that the contraband was obtained through
the illegal expansion of the scope of a motor vehicle violation stop into a criminal drug
investigation, suppressed the ev... More...    $0 (01-09-2016 - VT)

The trial court record demonstrates the following facts. At 1:01 p.m., on August
12, 2013, a uniformed law enforcement officer driving a marked cruiser pulled into the parking
lot of the Hannaford Supermarket in Brandon, Vermont. The officer observed a vehicle parked
in the back lot, in the area farthest from the building, where neither patrons nor employees
typically park. ... More...    $0 (12-27-2015 - VT)

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 filed on Mar... More...    $0 (12-03-2015 - 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)

The trial court record demonstrates the following facts. At 1:01 p.m., on August
12, 2013, a uniformed law enforcement officer driving a marked cruiser pulled into the parking
lot of the Hannaford Supermarket in Brandon, Vermont. The officer observed a vehicle parked
in the back lot, in the area farthest from the building, where neither patrons nor employees
typically park. ... 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)

For many years, disbursements from Vermont’s petroleum cleanup fund have covered investigation, removal, and cleanup costs related to longtime petroleum contamination at the Jimmy Kwik Food Store, a “beverage store and gas station” in Newport. In this case, the Vermont Agency of Natural Resources seeks reimbursement for those expenditures from Defendant Insurers (collectively, Charter Oak) that a... 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)

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)

¶ 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)

¶ 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. 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. 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)

¶ 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. 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)

¶ 1. BURGESS, J. Plaintiff Kevin Turnley appeals the Windham Civil Division’s grant of summary judgment in favor of defendant Town of Vernon. Plaintiff, formerly the Town’s Chief of Police, claims that he is entitled to receive overtime pay under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1), which entitles nonexempt employees to overtime pay for time work... More...    $0 (08-10-2012 - VT)

¶ 1. Plaintiff David Shaddy appeals the Windham Civil Division’s dismissal of his complaint against the Brattleboro Retreat and certain employees of the Retreat. Plaintiff, a former Retreat employee, brought claims of defamation, obstruction of justice, intentional infliction of emotional distress (IIED), and intentional interference with a contract, arising from the Retreat’s al... More...    $0 (08-10-2012 - VT)

¶ 1. DOOLEY, J. Fletcher Allen Health Care (FAHC) appeals a decision of the Vermont Employment Security Board finding claimant, Abdullahi Mohamed, eligible for unemployment compensation benefits. The Board found that claimant’s discharge for off-duty criminal conduct did not constitute gross misconduct disqualifying him from unemployment compensation benefits under 21 V.S.A. § 1... More...    $0 (08-10-2012 - VT)

Plaintiff-Appellant George Brault appeals from the judgment of the United States District Court for the District of Vermont (Murtha, J.) affirming the decision of the Commissioner of Social Security (“the Commissionerâ€�) denying Brault’s application for disability benefits. We conclude the decision of the administrative law judge (“ALJâ€�) was supported by substantial evidence and was not t... More...    $0 (06-29-2012 - VT)

Plaintiff, the former city manager of Winooski, appeals from the trial court’s summary judgment in favor of the Winooski city attorney. Plaintiff sued the city attorney, individually, for breach of fiduciary duty in the course of municipal infighting over plaintiff’s performance as manager and the city’s decision to dismiss him. Plaintiff’s complaint is that contrary to the fealty owed h... More...    $0 (12-15-2011 - VT)

¶ 1. DOOLEY, J. Husband, William Mayville, who was recently laid off from his job, seeks to terminate the spousal maintenance payable to his ex-wife, Judy Mayville, pursuant to a 2003 court order. After husband filed a motion to terminate spousal maintenance, the Chittenden Family Court issued an order requiring him to pay $3000 per month—the same amount set forth in the 2003 ord... More...    $0 (10-21-2010 - VT)