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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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