Appeals. Jurisdiction
John Moyers v. Sheun Lai Poon and Brenda Lee Poon, 2018 VT 27 (after Supreme Court affirms a decision trial court is without subject matter jurisdiction in the absence of an express remand.)
In re Investigation into Programmatic Adjustments to the Standard-Offer Program,2018 VT 52 (dismisses appeal for lack of jurisdiction.)
Caroline S. Lee v. Mark Ogilbee, 2018 VT 96 (reverses in part final divorce order. Approves “Brandeis” brief in appropriate cases to illuminate the social context for a decision, particularly where a decision will have widespread social, economic, or legal considerations)
Beaudoin v. Feldman, 2018 VT 83 (defendant preserved his claim for appellate review by
complying with V.R.C.P. 50(a) and (b), regardless of whether or not he also objected
to the jury instruction on punitive damages.)
Alpine Haven Property Owners' Association, Inc. v. Harry Brewin and Lynette Brewin, 2018 VT 127 (mem.) (denies application for appellate costs as untimely: the time for requesting costs was not tolled by appellant’s motion to reargue)
Arbitration. Alpine Haven Property Owners' Association, Inc. v. Harry Brewin and Lynette Brewin, 2018 VT 127 (mem.) (denies application for appellate costs as untimely: the time for requesting costs was not tolled by appellant’s motion to reargue)
Lesley Adams, William Adams and Adams Construction, VT, LLC v. Russell D. Barr and Barr & Associates, P.C. d/b/a Barr Law Group 2018 VT 12 (affirms denial of motion to vacate arbitration award, because participation in arbitration waived objection to validity of arbitration agreement.)
Attorneys
In re William E. Conner, Esq., 2018 VT 60(mem) (disbarment)
In re Robert Grundstein, 2018 VT 10 (affirms ruling that applicant failed to meet his burden of demonstrating the good moral character necessary for admission to the Vermont bar.)
In re Robert Hamm Moyer, Esq. (Office of Disciplinary Counsel) 2018 VT 29
In re Phyllis McCoy Jacien, Esq., 2018 VT 35 (suspension for failing to file tax return)
Nicola Weaver v. David Weaver, 2018 VT 56 (affirms contempt order re violation of child custody order; questions whether father’s wife is disqualified as attorney under VRPC 3.7 (lawyer cannot be witness) V.RPc 1.8 (lawyer cannot have proprietary interest in case.)
Building Permit.
Chris Khamnei v. Burlington Public Works Commission 2018 VT 19 (affirms superior court affirmance of municipal denial of plumbing permits, holding the statutes require a licensed plumber under the circumstances.)
Civil Procedure.
Sulaiman J. Jadallah v. Town of Fairfax, Stacy Wells, Gabriel Handy and Sidon Pantry, LLC,
2018 VT 34 (affirms denial of motion to vacate settlement, and grant of summary judgment that claims were time-barred.)
Bonk v. Bonk, 2018 VT 15 (divided Court reverses order modifying parental rights because that issue was not expressly raised by motion and not “tried by express or implied consent of the parties.” V.R.C.P. 15(b).)
Federal National Mortgage Association v. Johnston , 2018 VT 51 (affirms voluntary dismissal by plaintiff, despite “two-dismissal “ rule, because the effect of the dismissal is not ripe until a third action is filed.)
Messier v. Bushman, 2018 VT 93 (reverses "judgment on the pleadings" for failure to serve because the court lacked sufficient evidence to determine whether service was completed)
Sidmond C. Williams & Barbara B. Williams,
Co-Trustees v. Town of North Hero, 2018 VT
114 (reverses imposition of a monetary discovery sanction for lying and obstruction the disovery process where the sanctioned party was in compliance with order compelling discovery.)
Common Benefits.
Cheryl J. Brown v. State of Vermont, 2018 VT 1 (affirms grant of summary judgment dismissing constitutional claims, denial of new trial and verdict that Plaintiff had not proven the accident caused any injuries.)
Constitutional Law.
State v. Rebekah S. VanBuren, 2018 VT 95 (divided court grants V.R.A.P. 21 petition for extraordinary relief and concludes revenge porn statute is constitutional on its face.)
State
v. Dupuis, 2018 VT 86 (divided Court) (Chapter I, Article 11 of the Vermont
Constitution does not permit warrantless search to enforce fish and game regulations, even though “no trespass” postings did not comport with Vermont’s hunting
posting statute.)
State v. Rajda, 2018 VT 72 (Divided Court rules the admission of evidence of a refusal to submit to a blood test in the context of a DUI criminal proceeding does not violate the Fourth Amendment of the U.S. Constitution.)
State v. Rajda, 2018 VT 72 (Divided Court rules the admission of evidence of a refusal to submit to a blood test in the context of a DUI criminal proceeding does not violate the Fourth Amendment of the U.S. Constitution.)
State v. Ronald Dupuis, 2018 VT
86 (divided Court affirms suppression under Chapter I, Article 11 of the
Vermont Constitution, of fruits of warrantless “open fields” search, despite
argument that purpose of search was to enforce fish and game regulations and
defendant’s “no trespass” postings did not comport with Vermont’s hunting
posting statute.)
State v. Rebekah S. VanBuren, 2018 VT 95 (divided
court grants V.R.A.P. 21 petition for
extraordinary relief and concludes revenge porn statute is constitutional on
its face.)
Consumer Protection
Messier v. Bushman, 2018 VT 93 (affirms dismissal of CPA claims by accident victim against other driver’s liability insurer because victim was not a “consumer” with respect to the insurance policy)
Criminal Law
In re Michael L. Carpenter, 2018 VT 91 (divided Court affirms dismissal of 2d PCR petition)
State v. Hugerth, 2018 VT 89 (mem.) (affirms denial of bail based on 6 year-old’s interview statement)
Kirk Wool v. Andrew Pallito, Commissioner / Bernard Carter v. Lisa Menard, Commissioner’ 2018 VT 63 (affirms summary judgment dismissing claim of ex post facto increase in sentence}
State v. Emily K. St. Peter, 2018 VT 65 (affirms animal cruelty conviction and denial of motion to suppress, because various statutory time limits for veterinary exams were intended to protect animials not defendants)
Mark Clark v. Lisa Menard, Commissioner, 2018 VT 68 (DOC programming decisions are unreviewable.)
Kirk Wool v. Andrew Pallito, Commissioner / Bernard Carter v. Lisa Menard, Commissioner, 2018 VT 63(affirms summary judgment that no ex post facto sentencing violation was proved)
State v. Mitchell Bowen, 2018 VT 87 (reverses conviction for sexual assault because plea colloquy did not comply with Rule 11.)
State
v. Walker P. Edelman, 2018 VT 100 (reverses denial of motion to suppress
breath test and remand sfor an evidentiary hearing; challenge to voluntariness
is not precluded by Vermont’s implied consent law.)
State
v. Stuart Lizotte, Jr.
2018 VT 92 (affirms denial of suppression motion claiming Fourth amendment
violation by AOL search of emails for
suspected child pornography)
In
re Kenneth Barber, Jr., In re Theodore C. Smith, Jr.,In
re Danielle M. Rousseau, In re John Burke 2018 VT 78 (affirms cases under Rule 11(f) where direct review was concluded
at the time Bridger was decided.)
Environmental/land use Law
In re Laberge Shooting Range (Firing Range Neighborhood Group, LLC, Appellant), 2018 VT 84 (divided Court affirms E-court jurisdictional ruling that ACT 250 does apply to a family dairy farm that allows the community to target practice on its fields free of charge. )
Evidence.
Family Law.
Sandra L. Penland (Warren) v. John W. Warren, Jr., 2018 VT 70 (reverses denial of joint motion to modify final property division order; such relief is authorized in limited circumstances under Rule 60.)
Mar-Rae X. Terino v. Thomas F. Bleeks, 2018 VT 77 (reverses in part denial of request to include in divorce decree a mechanism to revisit parent-child contact when the child reached school age.)
Foreclosure sales.
HSBC Bank USA N.A. (Jeffrey C. Riley, Appellant) v. Scott A. McAllister and Eddy Mulder 2018 VT 9 (affirms denial of second highest bidder’s motion to confirm foreclosure sale after court invalidated high bid by bank and ordered new auction.)
People's United Bank, NA v.Alana Provencale, Inc., , 2018 VT 46 (REVERSES order compelling buyer at foreclosure sale to complete the purchase.)
Indemnification. Tort Claims Act.
Katherine Heffernan v. State, 2018 VT 47 (affirms dismissal of indemnification action claiming State is liable for employee’s conduct, because statute ran. Indemnification obligation does not apply to willful misconduct or assault and battery.)
Judgments. Issue Preclusion.
Daiello v. Town of Vernon 2018 VT 17 (reverses summary judgment for defendant based on finding in earlier case, holding issue preclusion does not apply to a finding that was untested on appellate review.)
Jurisdiction. Family.
Taranjit Kaur Maghu v. Prabhjot Singh / Prabhjot Singh v. Taranjit Kaur Maghu, 2018 VT 2 (affirms a final order and decree for the no-fault divorce and denial of motion to dismiss; trial court had jurisdiction to dissolve the party’s marriage, because nonimmigration visa status is not an impediment to establishing Vermont residency for purposes of filing a divorce action.)
Late Appeals.
In re Grievance of Edward Von Turkovich, 2018 VT 57 (affirms denial of motion to enlarge the time to file a notice of appeal; Board did not abuse its discretion in holding that attorney’s failure to notify the Board of his new address was not excusable neglect.)
In re Mahar, 2018 VT 20 (reverses E-Court order dismissing zoning appeal as untimely, and remands to decide whether the exception under V.R.A.P. 4(c) applies because party did not receive notice of judgment.)
In re Mathez Act 250 LU Permit (Sung-Hee Chung, Appellant, 2018 VT 55 (affirms summary judgment to applicant though neighbor did not receive notice of the permit. Limits on existing remedies for lack of notice cannot be evaded by issuing a second notice.)
In re Laberge Shooting Range (Firing Range Neighborhood Group, LLC, Appellant), 2018 VT 84 (Though erroneous advice from counsel alone does not usually satisfy the excusable neglect standard, environmental court was well within its discretion by allowing late appeal based also on advice given by the Coordinator and the ambiguous language printed on the reconsideration decision.)
Mandamus.
Kirk Wool v. Lisa Menard, Commissioner, Vermont Department of Corrections, 2018 VT 23 (mandamus relief available to inmate challenging official breach of duty to provide low cost phone service.)
Robert A. Skiff, Jr. et al. v. South Burlington School
District, 2018 VT 117 (on
interlocutory appeal reverses denial of motion to dismiss -- holding District not on petition required
to hold a district wide vote on the name
of athletic teams)
Medical malpractice. Certificate of merit..
Quinlan v. Five-Town Health Alliance, Inc., 2018 VT 53 (affirms dismissal of first action for failure to file certificate of merit and dismissal of second action because statute of limitations not tolled by 12 VSA § 558.)
Professional Regulation
In re Gregory J. Bombardier 2018 VT 11 (affirms OPR decision that engineer engaged in unprofessional conduct.)
Public Employment.
Adam Hubacz v. The Village of Waterbury, 2018 VT 37 (addresses grounds for termination of a police officer pursuant to 24 V.S.A. § 1931)
Public Labor Relations
Board of School Directors of Washington Supervisory Union v. Cabot Teachers' Assn. and Twinfield Education Assn., 2018 VT 24
Negotiations Committee of Caledonia Central Supervisory Union v. Caledonia Central Education Assn., 2018 VT 18
Public Utility. Solar CPG
In re Petition of Stowe Cady Hill Solar, LLC2018 VT 3 (REVERSES dismissal of application for CPG for solar project; the application meets the completeness requirement as that requirement has been applied in the Commission’s prior decisions.)
In re Petition of LK Holdings, LLC, 2018 VT 109 (affirms dismissal of application for a certificate of public good because applicant failed to provide notice to adjoining landowners)
Punitive Damages.
Beaudoin v. Feldman, 2018 VT 83 (Not every claim of bad faith, conversion, or breach of fiduciary duty warrants a punitive-damages award. The wrongful, intentional misconduct in this case -- a dispute between businessmen – fell short of the type of truly reprehensible or egregiously awful behavior necessary to support punitive damages)
Beaudoin v. Feldman, 2018 VT 83, ¶ 19 (divided Court affirms
judgment on a verdict for conversion of proceeds of sale, breach of fiduciary duty, and unjust enrichment, but
reverses punitive damages. Not every claim of bad faith,
conversion, or breach of fiduciary duty warrants a punitive-damages award.
The dispute must result in behavior that is truly reprehensible or egregiously
awful. The evidence in this case did not rise to that level.
Kneebinding, Inc., John Springer-Miller, Tina
Springer-Miller and ACL Investments, LLC v. Richard Howell,
2018 VT 101 (affirms among others award of damages for defamation and judgment on
claim of tortious interference with contract; reverses the court’s termination of the
permanent injunction and refusal to
impose the $7000 stipulated fine for Howell’s violations of the injunction) (ALSO affirms denial of punitive damages for lack of incidence of wealth:: “the court’s decision not to impose punitive damages in the absence of evidence about Howell’s finances is consistent with our law. . . . “We have stated that, in assessing punitive damages, the fact-finder must take into account the character and the standing of the party, the malice or wantonness of the party’s conduct, and the party’s financial status.” Faced with no evidence of the latter factor, the trial court reasonably declined to impose punitive damages”) Court does not discuss precedent that proof of a defendant's actual means or wealth is not essential to the recovery of punitive damages. Shahi v. Madden, 2008 VT 25, 183 Vt. 320, 949 A.2d 1022; In re Estate of Peters, 171 Vt. 381, 765 A.2d 468 (2000).
Statute of Frauds
Stonewall of Woodstock Corp. and Accordion, LLC v. Stardust 11TS, LLC and Oliver Block, LLC, 2018 VT 79 (affirms summary judgment for alleged seller who did not sign purchase and sale agreement and who did not authorize his attorney to sign)
Statute of Limitations.
Clark v. DiStefano, 2018 VT 82 (affirms summary judgment on statute of limitations grounds, holding under 12 V.S.A. § 464, that the UCC statute applies despite longer period in Title 12 for witnessed promissory notes.)
Torts.
Gross v. Turner, 2018 VT 80 (neither landlord nor guest of tenant/dog-owner had "reason to know” that the dog posed an unreasonable risk and therefore owed no duty to passerby injured when pit bull escaped )
The phrase “reason to know” does not imply a duty to investigate: Restatement (Second) of Torts § 12, cmt. a. Landlords are not obligated to conduct background checks on tenants’ pets. A dog’s breed alone is not sufficient to put its owners or others on notice that it poses an unreasonable risk of harm.
Kuligoski v.Rapoza, 2018 VT 14 (divided Court affirms summary judgment dismissing claim that out-of-state grandparents were liable for grandson’s assault of worker who was repairing furnace at their rental property, holding as a matter of law that there was no control and therefore no employer-employee relationship between grandparents and father that warranted imposing liability on grandparents for father’s negligent supervision of grandson.)
Keith & Jackie Lorman, Charles & Melissa Gallagher, and Daniel & Alicia Daly v. City of Rutland 2018 VT 64(affirms summary judgment dismissing claims, including takings claims against municipality arising from sewage backups that were “intermittent, limited, and transient.”)
Eric Gross and Adrianne Gross v. Elizabeth Turner and
Antonio Flores , 2018 VT 80 (affirms summary judgment that
neither landlord nor social guest of tenant/dog owner owed a duty to passerby
injured when dog escaped.)
2018 VT 125 (affirms summary
judgment that defendant was not liable for death of child who was murdered by
stepfather, holding defendant acted reasonably and prudently in his role as a
DCF reviewer, and never undertook DCF’s obligation to investigate all potential
sources of the child’s injuries.)
Where a plaintiff seeks to use a safety statute as the standard of care under the prima facie negligence rule, there must be an existing duty recognized by the common law. To be an “undertaking” the defendant must have undertaken to do the specific task he or she is accused of performing negligently.There was insufficient evidence of a specific undertaking by defendant to broadly investigate the cause of the child’s previous injuries.)
Where a plaintiff seeks to use a safety statute as the standard of care under the prima facie negligence rule, there must be an existing duty recognized by the common law. To be an “undertaking” the defendant must have undertaken to do the specific task he or she is accused of performing negligently.There was insufficient evidence of a specific undertaking by defendant to broadly investigate the cause of the child’s previous injuries.)
Trusts and Estates
Patricia Hayes v. Allison Hayes, Brian Hayes and LPL Financial, LLC, 2018 VT 102 (affirms IRA beneficiary designation)
Estate of Emil Kuhling by Richard W. Kuhling v. Taylor Glaze,2018 VT 75 (Reverses award to the Estate and remands to the trial court to enter judgment, concluding that there was no breach of any fiduciary duty by decedent’s niece regarding the sale of a house, because settlor consented to self-dealing)
Bonnie L. Avery v. Estate of Allen D. Avery, 2018 VT 59 (affirms ruling that children’s share of the personalty should contribute to estate’s administrative expenses only if spouse’s share of the personalty is insufficient)
Estate of Emil Kuhling by Richard W. Kuhling v. Taylor
Glaze,2018 VT 75 (Reverses award to the Estate and remands to the trial
court to enter judgment, concluding that there was no breach of any fiduciary
duty by decedent’s niece regarding the sale of a house, because settlor
consented to self-dealing)
Patricia Hayes v. Allison Hayes, Brian Hayes and LPL
Financial, LLC, 2018 VT 102 (affirms IRA beneficiary designation)
Unemployment.
Lionel Beasley v. Department of Labor (Champlain College, Inc., Employer), 2018 VT 104 (affirms denial of unemployment benefits because under § 1343(c)(1), benefits are unavailable to adjunct professors “during the period between two successive academic years or terms . . . if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.”)
Jason Lillie v. Department of Labor, 2018 VT 66(worker not eligible for unemployment because he did not earn wages while receiving workers compensation l disability )
Workers Compensation
Catherine Lyons v. Chittenden Central Supervisory Union, 2018 VT 26 (divided Court holds student teacher qualifies for Workers compensation benefits.)
Joanne Perrault v. Chittenden County Transportation Authority,2018 VT 58 (affirms summary judgment denying Workers compensation benefits , because claimant did not receive wages)
Ira Martel v. Connor Contracting, Inc., Jason Clark, and Stephen Connor, 2018 VT 107(splintered Court disagrees on whether to apply substantial-certainty standard or stricter specific-intent test, affirms summary judgment dismissing on exclusivity grounds tort claims against employer and against fellow employees acting within scope of a nondelegable corporate duty; disabling safety equipment does not support inference of specific intent to injure).
