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VT Supreme Court

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Cadwalader, Wickersham & Taft LLP

Summertime Reflections July 2023 - FFF Sovereign Immunity Series – Part XII

Today we release the twelfth – and penultimate – installment of our Sovereign Immunity Series. In this part, we discuss and provide a high-level overview of how sovereign immunity is viewed specifically through the lens of...more

Downs Rachlin Martin PLLC

Premises Liability: Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief...more

Downs Rachlin Martin PLLC

Lenders Must Follow Their Own Security Agreements Covering Non-Borrower Collateral or Lose the Collateral

The Vermont Supreme Court has traditionally had very little sympathy for banks and financial institutions who do not follow their own lending agreements to the letter, and then ask for court relief when they end up in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Electric Generation Facility: Supreme Court of Vermont Addresses Enforceability of Mitigation Guidance

The Supreme Court of Vermont (“Supreme Court”) in a December 2nd Opinion addressed a challenge to two guidance documents and a classification system issued by the Vermont Agency of Natural Resources (“ANR”). See Otter Creek...more

Downs Rachlin Martin PLLC

Insurance Law: The Vermont Supreme Court Weighs in on COVID Claims

On September 23, 2022, the Vermont Supreme Court issued an opinion reversing the dismissal of insurance claims seeking coverage for damage the insured argued was caused by the SARS-CoV-2 virus. Huntington Ingalls Indus.,...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Revisits Question of Act 250 Jurisdiction in “One-Acre Towns”

On February 11, 2022, the Vermont Supreme Court revised its analysis in the Snowstone appeal addressing the question of when development triggers Act 250 jurisdiction in so‑called “one-acre towns.” ...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Issues Important Decision On The Enforceability Of Arbitration Clauses In Consumer Agreements And The...

The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The...more

Downs Rachlin Martin PLLC

COVID-19 is No Excuse for Missing Court Deadlines

COVID-19 has slowed down many pending court cases, with trial dates being pushed out indefinitely as the pandemic worsens. Despite these slowdowns, the Vermont Supreme Court recently made clear that court deadlines remain in...more

Downs Rachlin Martin PLLC

VSC Rules "Date Of Loss" Not Ambiguous

Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Caps UIM Insurer's Exposure, Despite Multiple Claimants

Progressive Northern Insurance Company V. Muller, Et Al. 2020 VT 76 (August 28, 2020) - Vermont Supreme Court holds that “Combined Single Limit” and “Limits of Liability” provisions in UIM policy cap auto insurer’s total...more

Downs Rachlin Martin PLLC

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable.  See, e.g., Lewis v. Bellows Falls...more

Bradley Arant Boult Cummings LLP

Extra Work Claim Waived for Not Following Change Request Procedures

On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with...more

Rivkin Radler LLP

Insurance Update - March 2020

Rivkin Radler LLP on

First and foremost, we hope everyone is staying safe and healthy. As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Recognizes Exception to the Economic Loss Rule

Sutton v. Vermont Regional Center, 2019 VT 71 (Oct. 14, 2019) - Despite its longstanding reputation as liberal and sympathetic to plaintiffs, the Vermont Supreme Court has for a very long time strictly enforced the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2019

In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more

White and Williams LLP

Vermont Supreme Court Holds “False Pretense” Exclusion Ambiguous in Phishing Scam

Last week, the Vermont Supreme Court in Rainforest Chocolate, LLC v. Sentinel Insurance Company, 2018 VT LEXIS 240 (Vt. Dec. 28, 2018), held that the “False Pretense” exclusion in a business-owner policy did not exclude loss...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Reverses Decision Regarding Niece Found Liable To Competent Uncle's Estate

Taylor Glaze thought she was doing a good thing when she took her 91-year-old Uncle Emil Kuhling into her Vermont home when he found caring for himself and his deteriorating New York City home too much to handle. ...more

Troutman Pepper

Supreme Court Of Vermont Holds That Contractor Waived Its Right To Challenge The Validity Of Arbitration Agreement By Actively...

Troutman Pepper on

Adams v. Barr, 2018 VT 12, 2018 Vt. LEXIS 10 (VT 2018) - On February 24, 2016, Barr Law Group (“Barr”) filed a demand for arbitration with the American Arbitration Association to recover $40,000 in unpaid legal fees from...more

Downs Rachlin Martin PLLC

DRM Win for Renewable Energy at Vermont Supreme Court

On January 12, 2018, the Vermont Supreme Court decided in favor of Stowe Cady Hill Solar LLC and reversed the Vermont Public Utility Commission’s sua sponte dismissal of a petition for a net-metered solar facility. The...more

Carlton Fields

Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

Carlton Fields on

Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. ...more

Downs Rachlin Martin PLLC

DRM client prevails in important Vermont business law appeal precluding “gotcha contracts.”

On December 9, 2016, the Vermont Supreme Court issued a decision in an important business law case involving the question of when negotiations on the sale of a business (or other contract) reach the point where a binding...more

Pillsbury - Gravel2Gavel Construction & Real...

Vermont’s Generalized Injury Claims from MTBE Contamination Time-Barred

On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more

Downs Rachlin Martin PLLC

VT Supreme Court Upholds PSB Approval of Bennington Tower

On November 19, 2015, the Vermont Supreme Court decided in favor of VTel Wireless, Inc. and upheld the Public Service Board’s approval of a telecommunications tower in Bennington, Vermont. This decision marks only the second...more

McDermott Will & Emery

A Steep Slope — Vermont Supreme Court Finds AIG Not Unitary With a Ski Resort Based On a Clear and Cogent Evidence Burden of Proof

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In the first Vermont Supreme Court decision addressing combined unitary reporting since Vermont’s combined reporting regime became effective in 2006, the court affirmed a lower court’s decision that AIG, the multinational...more

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