Arbitration.
Arbitration proceeding not res judicata to later claim outside the scope of reference. In re Shelburne Supermarket, Inc., 2010 VT 30 (Reiber, C.J.)
Parties are free to agree to arbitrate all kinds of disputes, including old ones. The statute of limitations does not apply to arbitration proceedings, absent agreement to the contrary. Clayton v. Unsworth, 2010 VT 84 (Burgess, J.)
Attorneys and Attorneys fees.
Attorney discipline. PRB sanction reduced. In re Melvin B. Neisner, Jr., 2010 VT 102
Attorney fees. Denial of fees reversed. Spooner v. Town of Topsham, 2010 VT 71 (Reiber, C.J.)
Attorney’s fees awarded to both landlord and tenant, although net amount of judgment was against tenant and tenant did not recover on one of two counterclaims. Kwon v. Eaton, 2010 VT 73 (mem.)
Legal malpractice; no causation. Clayton v. Unsworth, 2010 VT 84 (Burgess, J.)
State’s Attorney sanctioned for filing late briefs. State v. Hutchins, 2010 VT 4 (mem.)
Summary judgment for college on student loan affirmed. Dartmouth College v. Kozaczek. 2010 VT 113 (mem.)
Constitutional Law.
Mandatory retirement of public safety officers does not violate the Common Benefits Clause. Badgley v. Walton, 2010 VT 68 (Dooley, J.) (Johnson, J., dissenting)
Prisoners’ rights; Equal Protection. Nichols v. Hofmann, 2010 VT 36 (Dooley, J.)
Contracts, Trusts, Business.
Trusts and Estates: new wife vs. son by former marriage. In re Estate of Kurrelmeyer, 2010 VT 20 (mem.)
Trusts and Estates: Administrator’s sale set aside because of unspoken limitation that property be “kept in the family”. In re Estate of Doran. 2010 VT 13 (Burgess, J.) (Reiber, C.J. and Dooley, J., dissenting.)
Evidence.
Daubert: epidemiological causation evidence inadmissible. Estate of George v. Vermont League of Cities and Towns, 2010 VT 1 (Skoglund, J.) (Dooley, J., concurring.) (Reiber, C.J., joined by Johnson, J., dissenting)
Daubert: error to suppress “relation back” evidence in DUI case. State v. Burgess, 2010 VT 64 (Reiber, C.J.)
State can impeach its own witness. State v. Davis, 2010 VT 9 (mem.)
Insurance.
“Independent” trucker was an “employee”, and thus insured by employer’s policy. Hathaway v. Tucker, 2010 VT 114 (Dooley, J.)
Coverage for sexual abuse by minor at a day care center. Innocent co-insured doctrine. Burden of proof of no-accident on insurer. Subjective intent to harm is test. Northern Security Insurance Company, Inc. v. Stanhope, 2010 VT 92 (Burgess, J.)
Duty to defend partially covered claims. Where some claims are covered, insurer is liable for full judgment -- unless it intervenes in tort case to obtain special verdict showing part of verdict was based on uncovered claims. Insurer must fund appeals. Personal injury coverage for “negligent defamation.” Pharmacists Mutual Insurance Co. v. Myer, 2010 VT 10 (Reiber, C.J.)
No coverage ruling affirmed: breach of warranty of habitability is not wrongful eviction or other “personal injury”; “reasonable expectations’ theory rejected; no decision whether there should be Chinese wall between coverage counsel and insurer-retained defense counsel. Vermont Mutual Insurance Company v. Parsons Hill Partnership, 2010 VT 44 (Dooley, J.)
Procedure & jurisprudence.
Failure to preserve error in jury charge. No plain error where only damages are at stake. Venturella, Sr. v. Addison-Rutland Supervisory Union, 2010 VT 115 (mem.)
Injunction procedure. Hate crime injunction reversed for lack of findings and because the evidence of racist threats was stale. Injunction based on implied jury findings reversed because of lack of findings and because court had agreed not to try issue concurrently. Shahi v. Madden, 2010 VT 56 (Skoglund, J.)
Denial of motion to amend; preservation of punitive damage issue. Ferrisburgh Realty Investors v. Schumacher, 2010 VT 6 (Skoglund, J.)
Discovery sanction that led to dismissal affirmed even though no bad faith or prejudice, because the sanction was not technically a dismissal. State v. Howe Cleaners, Inc., 2010 VT 70 (Burgess, J.) (Johnson, J., dissenting in part, and concurring in part.) (Reiber, C.J., dissenting in part, and concurring in part.)
Pleading standards, Rule 12 (b)(6). Error to dismiss a complaint alleging personal participation in corporate tort. Prive v. Vermont Asbestos Group, 2010 VT 2 (Reiber, C.J.)
Pleading standards. Courts should view Rule 12(b)(6) motions with disfavor and rarely grant them. Nichols v. Hofmann, 2010 VT 36 (Dooley, J.)
Res judicata bars prisoner medical care suit. Bain v. Hofmann, 2010 VT 18 (mem.)
Res judicata. Ordinarily, the court issuing a judgment should not address its preclusive effect on future litigation. Alden v. Alden, 2010 VT 3 (mem.)
Res judicata; Arbitration proceeding does not bar later claim outside the scope of reference. In re Shelburne Supermarket, Inc., 2010 VT 30 (Reiber, C.J.)
Stare decisis: Cat precedent applies to Dogs. Scheele v. Dustin, 2010 VT 45 (Skoglund, J)
Stare Decisis. Decisions of Commissioner of Labor are not precedent McNally v. Department of PATH. 2010 VT 99 (mem.)
Public Records. Shlansky v. City of Burlington and Burlington Police Department, 2010 VT 90 (Skoglund, J.)
Punitive damages.
How not to preserve punitive damage issue. Ferrisburgh Realty Investors v. Schumacher 2010 VT 6 (Skoglund, J.)
Punitive damages for breach of fiduciary duty and interference with business relations affirmed based on 1) wrongful conduct that is outrageously reprehensible; and (2) malice as evidenced by ill will and intentional and wrongful desire to benefit economically at expense of plaintiff. J. A. Morrissey, Inc. v. Smejkal, 2010 VT 66 (Johnson, J.)
Standard for punitive damages based on recklessness clarified to include requirement of reprehensibility. Punitive damages award for reckless conduct reversed. Fly Fish Vermont, Inc v. Chapin Hill Estates, 2010 VT 33 (Burgess, J.)
Real Estate and Land Use.
Ancient road exists. Benson v. Hodgdon, 2010 VT 11 (mem.)
Condominium declaration cannot be altered solely by individual deed or private agreement. Madowitz v. The Woods at Killington Owners' Association, 2010 VT 37 (Johnson, J.) (Dooley, J., dissenting joined by Joseph, D.J., Specially Assigned)
Covenants extinguished by merger of benefited and burdened estates. Beldock v. Town of Charlotte, 2010 VT 74 (Skoglund, J.)
Easement by prescription denied on appeal. Schonbek v. Chase, 2010 VT 91 (Reiber, C.J.)
Environmental law. Junkyard permit. Rhoades Salvage v. Town of Milton, 2010 VT 82 (mem.)
Land contract dispute. Ferrisburgh Realty Investors v. Schumacher, 2010 VT 6 (Skoglund, J.)
Partition: trial court’s accounting order reversed for failure to consider overall equities. Whippie v. O'Connor, 2010 VT 32 (Burgess, J.)
Right of First Refusal requires matching offer. Bischoff v. Bletz, 2010 VT 49 (Dooley, J.)
Right of way dispute. Cassani v. Hale, 2010 VT 8 (Burgess, J.)
Zoning: No standing to appeal to E- Court. In re Verizon Wireless Barton Permit, 2010 VT 62 (Burgess, J.) (Davenport, Supr. J., Specially Assigned, dissenting.)
Taxation.
Interest on income tax refund limited. Vermont Yankee Nuclear Power Corp. v. Dept. of Taxes, 2010 VT 24 (Dooley, J.)
Land gains tax refund reversed. GP Burlington South, LLC v. Dept. of Taxes, 2010 VT 23 (Burgess, J.)
Property transfer tax. 90-day rule. Polly's Properties v. Department of Taxes, 2010 VT 41 (Skoglund, J.)
Torts.
No noneconomic damages for the malicious destruction of pet dog. Scheele v. Dustin, 2010 VT 45 (Skoglund, J)
No noneconomic damages for the malicious destruction of pet dog. Scheele v. Dustin, 2010 VT 45 (Skoglund, J)
Corporate officer not immune for personal participation in corporate tort. Prive v. Vermont Asbestos Group, 2010 VT 2 (Reiber, C.J.)
Concerted action in hunting accident not proved. Knowledge, foreseeability and causation all lacking. Lussier v. Bessette, 2010 VT 104 (Reiber, C.J.)
Consumer Fraud: Damages; attorney’s fees. Vastano v. Killington Valley Real Estate, 2010 VT 12 (mem.)
Consumer Fraud; selling a salvaged car. Gregory v. Poulin Auto Sales, Inc., 2010 VT 85 (mem.)
Stealing customers by insider is both breach of fiduciary duty and interference with business relations. J. A. Morrissey, Inc. v. Smejkal, 2010 VT 66 (Johnson, J.)
Wrongful death proceeds. Superior court has no control over the investment and spending plan for minor’s wrongful death settlement. In re Willey, 2010 VT 93 (mem.)
Workers compensation.
Commissioner erred in failing to address whether there was a valid claim for workers’ compensation and in barring the claim because claimant was intoxicated at the time his injury. Cyr v. McDermott's, Inc., 2010 VT 19 (Skoglund, J.) (Reiber, C.J., dissenting joined by Justice Burgess.)
Remand for proper findings. Commisioner’s decisions are not precedent. McNally v. Department of PATH, 2010 VT 99 (mem.)
Superior court has jurisdiction of appeal of summary judgment ruling even though it involves a question of law. The rules of evidence and procedure are applicable in workers’ compensation cases heard by the superior court. Estate of George v. Vermont League of Cities and Towns, 2010 VT 1 (Skoglund, J.) (Dooley, J., concurring.) (Reiber, C.J., joined by Johnson, J., dissenting)
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