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21 Mar 2011, 11:53 am by Daniel Richardson
Connor, 2011 VT 23 (mem.)Vermont Rule of Evidence 404(b) stymies a lot of second year law students (and practitioners), but it is fairly straightforward. [read post]
7 Apr 2011, 7:02 am by Daniel Richardson
Agency of Human Services, 2011 VT 31 (mem.).Starting the saga of Dr. [read post]
6 Jan 2012, 8:21 am by Daniel Richardson
By Michael TarrantIn re HS-122, 2011 VT 138 (mem.).What do you get when you add one cup of state property tax adjustment records to a quart of public records laws, and then blend with one heaping spoonful of a request to see those records? [read post]
25 Jan 2012, 12:32 pm by Daniel Richardson
Blaise, 2012 VT 2 (mem.)Today’s case is about probation, including the important lesson of how to not do what your probation officer tells you, but still convince the SCOV that you have not violated probation. [read post]
3 Sep 2012, 9:35 am by Daniel Richardson
Chickanosky, 2012 VT 52 (mem.).Welcome back to the parties in today’s case. [read post]
16 Sep 2011, 1:47 pm by Daniel Richardson
Thompson, 2011 VT 98 (mem.).Today’s case in part stems from our sister state’s refusal to allow a known child molester back into its neighborhoods. [read post]
12 Jan 2011, 6:32 am by Daniel E. Cummins
(mem. op.) in which the court denied the UIM carrier's Fed.R.C.P. 12(b)(6) Motion filed in response to the Plaintiff's breach of contract claim based upon the carrier's failure to pay UIM benefits.The court basically found that, in reviewing the Complaint in a light most favorable to the plaintiff, it was readily apparent that the plaintiff had stated a valid cause of action upon which relief may be granted.Of note is the fact that, during the proceedings, the plaintiff's counsel withdrew… [read post]
26 Mar 2009, 2:31 pm
It's very rare for an appellate court to find that an arms-length six-figure payment is insufficiently high to qualify as a good faith settlement under CCP 877.6 and -- on a writ, no less -- reverse the trial court's good faith finding as an abuse of discretion. [read post]
25 May 2011, 7:42 am by Daniel Richardson
Lampman, 2011 VT 50 (mem.)Defending a criminal trial is one of the more difficult tasks in the law. [read post]
10 May 2011, 8:00 am by Daniel Richardson
Leonard, 2011 VT 47 (mem.)It is easy to argue that we owe a moral duty to guide and protect our friends when we recognize that they are acting self-destructively, but does the law require that we give care and support to troubled friends? [read post]
27 Feb 2012, 9:24 am by Daniel Richardson
Chaplin, 2012 VT 6 (mem.).Maybe it’s no coincidence that not long after the SCOV announced a plan to tidy-up Vermont’s search warrant record-keeping system it released today’s case, which shores up the jurisprudence, too. [read post]
25 May 2012, 4:15 am by Daniel Richardson
., 2012 VT 31 (mem.).If you practice land use law in Vermont the phrase Stowe Club Highlands acts like a CIA sleeper agent’s trigger and will cause you to automatically rattle off the three conditions that allow you to alter an existing permit (unanticipated change in law or fact, unanticipated change in conditions, or changes in technology). [read post]
29 Oct 2011, 6:36 pm by Daniel Richardson
Callanan, 2011 VT 106 (mem.).Here is what I think happened in today’s case. [read post]
6 Jul 2012, 9:27 am by Daniel Richardson
., 2012 VT 40 (mem.).Attorneys are notorious for missing deadlines. [read post]
28 Sep 2012, 9:03 am by Daniel Richardson
., 2012 VT 70 (mem.).As you might imagine, being a developmentally disabled adult trying to gain some modicum of independence is a difficult and sensitive process. [read post]