News

Act 250 Permit Condition Expanding the Jurisdiction of the Environmental Commission is Unenforceable

27 Apr 2016

In In re Treetop Development Company Act 250 Development, 2016 VT 20 (February 12, 2016), the Vermont Supreme Court affirmed the Environmental Commission’s refusal to enforce a condition of an Act 250 permit that would...

Supreme Court Re-examines Stream-of-Commerce Personal Jurisdiction

27 Apr 2016

In State of Vermont v. Atlantic Richfield Company, et al., 2016 VT 22 (February 12, 2016), the Vermont Supreme Court affirmed the denial of a motion to dismiss for lack of personal jurisdiction in a...

Supreme Court Upholds Interpretation of Town of Monkton Zoning Regulation

27 Apr 2016

In Brisson Stone LLC, Allan Brisson, and Michael Brisson v. Town of Monkton and Claudia Orlandi, 2016 VT 15 (February 12, 2016), the Vermont Supreme Court affirmed the denial of a commercial gravel extraction permit....

Supreme Court Upholds the Denial of Voice Recognition Software for Workers’ Compensation Claimant

27 Apr 2016

In Morisseau v. Hannaford Brothers, 2016 VT 17 (February 12, 2016), the Vermont Supreme Court affirmed the decision that an employer was not required to pay for voice recognition technology after the claimant had returned...

Supreme Court Vacates Conviction Because Evidence was Discovered During an Unconstitutional Detention

27 Apr 2016

In State v. Alexander, 2016 VT 19 (February 12, 2016), the Vermont Supreme Court reversed a ruling on a motion to suppress evidence due to an illegal seizure, vacated the Defendant’s conviction, and remanded. Issue:...

Defendant Cannot Argue for a Less Severe Sentence than Provided for in His Plea Agreement

27 Apr 2016

In State v. Careau, 2016 VT 18 (February 12, 2016), the Vermont Supreme Court struck Probation Condition 43, which allows the probation officer unbridled authority over where Defendant lives and works and refused to allow...

Sexually Touching A Minor Violates Probation Conditions Prohibiting Violent or Threatening Behavior

27 Apr 2016

In State v. Bryan, 2016 VT 16 (February 12, 2016), the Vermont Supreme Court upheld a determination that Defendant had fair notice that using a position of authority to coerce and sexually touch a minor...

Division of Prior Settlement Proceeds Between Estate Beneficiaries Is Not Binding In Subsequent Distributions

27 Apr 2016

In In re Estate of Dezotell, 2016 VT 14 (February 5, 2016), the Vermont Supreme Court reversed and remanded a decision regarding the division of settlement proceeds between the beneficiaries of an estate. Issue: Beneficiaries...

Ellen Mercer Fallon and Michele Patton Presented “Legal Tips for Small Employers”

13 Apr 2016

LS&W attorneys Ellen Mercer Fallon and Michele Patton presented an educational seminar to the Vermont Association of Wedding Professionals on “Legal Tips for Small Employers.” They addressed issues such as the distinctions between employees and...

LS&W Supports Meals on Wheels

08 Apr 2016

During the month of March, the Champlain Valley Agency on Aging participated in Meals on Wheels of America’s March for Meals campaign, enlisting the help of prominent officials and local businesses to raise awareness and...

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