Adverse possession.
Must be continuous. In re Estates of Allen, 2011 VT 95 (Dooley, J.)
Appeals.
One-day late appeal dismissed. Fax is not effective method for filing notice of appeal. Crocker v. Crocker, 2011 VT 82 (mem.)
Claimant "prevailed" on appeal and was entitled to costs and attorney’s fees under fee-shifting statute, notwithstanding that claimant was yet to prevail on the merits of her claim for compensation. McNally v. Department Of Path, 2011 VT 93, 1 A.3d 333 (mem.) (Burgess, J. joined by Reiber, C. J., dissenting).
Timely objection/motion required in trial court to preserve error. In re Estate of Tucker, 2011 VT 54 (mem.)
Arbitration.
Assignee of arbitration agreement has no right to arbitrate its own, pre-assignment conduct. Porter v. AT&T Mobility, LLC , 2011 VT 112 (mem.)
Attorney Discipline.
In re Strouse, Esq. 2011 VT 77 (mem.) (Dooley, J., dissenting, joined by Chief Justice Reiber.)
In re Rosemary A. Macero, Esq., 2011 Vt. 67 (mem.)
Unreasonable fees. In re Melvin Fink, 2011 VT 42 (Johnson, J.)
Attorney’s fees.
Indemnity agreement did not require award of fees incurred to enforce the indemnity clause. Case analogous to denial of fees for suits that establish insurance coverage. Southwick v. City of Rutland v. Vermont Swim Association, 2011 VT 105 (Skoglund, J.)
Attorneys.
Lawyer not liable to nonclient for nondisclosure of a matter of opinion during a negotiation, where underlying facts equally available. Lay v. Pettengill, 2011 VT 127 (Dooley, J.)
City attorney did not owe a professional or other fiduciary duty to City employee. Handverger v. City of Winooski, 2011 VT 134 (Burgess, J. )
Broker commission.
Lang McLaughry Real Estate LLC v. Hinsdale, 2011 VT 29 (Dooley, J. )
Collections.
Foreclosure dismissed for lack of standing. U.S. Bank National Association v. Kimball, 2011 VT 81 (Burgess, J.)
Property held in tenancy by entirety not subject to attachment. RBS Citizens, N.A. f/k/a Citizens Bank of Rhode Island v. Ouhrabka, 2011 VT 86 (Reiber, C.J.)
Wage garnishment violated federal cap. Cote v. Cote, 2011 VT 92 (Burgess, J.)
Criminal Law. DUI.
Admission of refusal to take preliminary breath test harmless; Court divided whether error. State v. Kinney, 2011 VT 74 (Dooley, J.) (Johnson, J., concurring and Reiber, C.J., joined by Justice Burgess, J. concurring.)
Boom lift is a motor vehicle. State v. Smith, 2011 VT 83 (Dooley, J.)
Due process.
Unemployment Board uses faulty ex parte procedure. Piper v. Dept. of Labor, 2011 VT 32( Dooley, J.)
Evidence.
Ex parte Internet search by Judge prohibited. Rutanhira v. Rutanhira, 2011 VT 113 (Skoglund, J.)
Exculpatory agreements.
Agreement enforced to require indemnification for playground’s own negligence. Southwick v. City of Rutland, 2011 VT 53 (Johnson, J.) (Reiber, C.J., dissenting.)
Limitation of liability; liquidated damages; arbitration. Divided court rejects as unconscionable a limitation of liability clause and an arbitration clause in home inspection contract. Glassford v. BrickKicker, 2011 VT 118 (Skoglund, J ) (Dooley, J., concurring and dissenting.) (Burgess, J., joined by Chief Justice Reiber, concurring and dissenting).
Family law.
Grandparent custody trumped by parent. In re K.M.M., 2011 VT 30 ( Johnson, J.)
Spousal maintenance obligation terminates upon incarceration? Herring v. Herring, 2011 VT 38 (Dooley, J.)
Custody. Chickanosky v. Chickanosky, 2011 VT 110 (Johnson, J.)
Termination of parental rights. Burden of proof. In re R.W., 2011 VT 124 (Burgess, J.)
Insurance.
Denial of UIM claim affirmed because policy delivered out of state. Phrase “with respect to” is a conjunction. McGoff v. Acadia Insurance Co., 2011 VT 102 (mem.)
Environmental Cleanup: time-on-risk allocation upheld. Bradford Oil Co., v. Stonington Insurance Co., 2011 VT 108 (Dooley, J.)
Medical malpractice by insured was not covered as concurrent cause, independent of excluded sexual misconduct. ProSelect Insurance Co. v. Levy, 2011 VT 109 (mem.)
Title insurance does not apply absent legal challenge. Trinder v. Connecticut Attorneys Title Insurance Co., 2011 VT 46 (Skoglund, J.)
Jurisdiction.
Court has “status” jurisdiction to terminate rights of parent who lacks minimum contacts with Vermont. In re R.W., 2011 VT 124 (Burgess, J.)
Probate appeal. Statement of questions does not limit superior court. In re Estates of Allen, 2011 VT 95 (Dooley, J.)
Jury selection.
Denial of peremptory challenge of black juror, without showing of bad motive, was reversible error per se. State v. Bol, 2011 VT 99 (Burgess, J.)
Medical malpractice.
Psychiatrist who gave a single 90-minute consultation had a doctor-patient relationship and a duty of care, therefore summary judgment on issue of duty was error. White v. Harris, 2011 VT 115 (mem.)
Property tax.
Exemption to private nonprofit secondary “public” school. Mountain View Community School, Inc. v. City of Rutland, 2011 VT 65 (Burgess, J.)
Denial of tax abatement affirmed on equitable grounds unrelated to value. Rule 75 ordinarily limited to questions of law. Garbitelli v. Town of Brookfield, 2011 VT 122 (Reiber, C.J.)
Real Property.
Restrictive covenants: Residential covenants not required in bulk “sale” by developer of land to affiliate. The question is not what a phrase means in technical legal terms, but what it meant to the parties. This is a question of fact. Smalley v. Stowe Mountain Club, LLC, 2011 VT 51 (Burgess, J.)
Restrictive covenants benefit grantor, not grantees. Tibbetts v. Michaelides, 2011 VT 52 (mem.)
Law of Cadavers. Ancient deed “excepted” a cemetery plot in fee simple, and did not merely “reserve” an easement. In re Guite, 2011 VT 58 (Dooley, J.)
Reconsideration.
Reverses denial of Rule 59 motion to amend judgment on question of law “intrinsic” to, but not raised before, judgment. In re SP Land Co., LLC, 2011 Vt. 104 (Johnson, J.) (Reiber, C.J., dissenting.)
Summary judgment is always provisional until final judgment is entered. In re Estates of Allen, 2011 VT 95 (Dooley, J.)
Stare decisis.
Follows questionable precedent that finding of sexual abuse by a preponderance of the evidence is insufficient to support family division order prohibiting parental contact. DeSantis v. Pegues, 2011 VT 114 (Skoglund, J.) (Johnson, J., joined by Justice Dooley concurring) (Crawford, Supr. J., Specially Assigned, dissenting.)
Precedent followed because it has not “undermined the public welfare, wrought individual injustice, or impeded the administration of justice.” State v. Carrolton, 2011 VT 131 (Johnson, J.)
Two-year old decision overruled because it mistakenly departed from a general rule adopted in a 1940 case not cited. Whippie v. O'Connor, 2011 VT 97 (mem.)
Statute of Limitations.
Breach of trust runs six years from discovery. In re Estate of Alden, 2011 VT 64 (Skoglund, J.)
Summary judgment.
Conclusory affidavits are insufficient. In re Shenandoah LLC, 2011 Vt. 68 (Burgess, J.) (Skoglund, J., joined by Justice Dooley dissenting.)
Torts.
Slander of title not proved where plaintiff had no transferable ownership interest. Sullivan v. Stear, 2011 VT 37 (Reiber, C.J. )
Troopers undertook a duty of care when doing a “welfare check,” and may have been grossly negligent. Kennery v. State of Vermont, 2011 VT 121 (Dooley, J.) (Toor, Supr. J., Specially Assigned, joined by Bent, Supr. J., Specially Assigned, concurring in part and dissenting in part.)
Toxic torts. Epidemiological evidence insufficient to show specific causation. Spoliation argument rejected. Blanchard v. Goodyear Tire & Rubber Co., 2011 VT 85 (mem.)
Trusts and Estates.
The amended POA statute, enacted in 2002, invalidates gift transactions made after its effective date, even though they would otherwise have been valid under the statute at the time the POA was signed. In re Estate of Lovell, 2011 VT 61(Reiber, C.J. )
Family law. Revocable trust is not marital property but can be considered in dividing marital property. Billings v. Billings, 2011 VT 116 (Dooley, J.) (Reiber, C.J., concurring and dissenting.)
Workers’ compensation.
Appeal on “question of law” whether the evidence supports the findings. “Five part” test discussed. Houle v. Ethan Allen, Inc., 2011 VT 62 (mem.)
Zoning and Land use.
Enforcement petition dismissed. Nordlund v. Van Nostrand, 2011 VT 79 (Reiber, C.J.)
Plain meaning. Use of the dictionary. Use of the virgule (“/”). A self storage facility is not permitted as “retail sales/rentals” because it is not “retail.” In re Tyler Self-Storage Unit Permits, 2011 VT 66 (Burgess, J.)
Administrative amendments do not apply where full review required. In re SP Land Co., LLC, 2011 VT 104 (Johnson, J.) (Reiber, C.J., dissenting.)
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