By Andy DelaneyIt’s kind of a rainy, yucky day today. I’m not a big conspiracy theorist, but it sure seems like someone is doing their best to make sure I don’t get my lawn mowed until June. Anywho . .
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Delay, Definition, Double Jeopardy, and Dooley
Definitions matterBy Andy Delaney‘Twas a relatively busy week at SCOV. Three opinions issued on Friday, May 2. And one entry order on April 24. We’ll start with the entry order. This one’s fairly straightforward. Respondent had a professional responsibility complaint…
Jurisdiction, Division, and Partition
By Andy DelaneyTwo opinions on April 18, 2025: one about jurisdiction and one about partition and ouster. We’ll start with jurisdiction. In 2019, respondent pled guilty to assault and robbery. In 2023, she filed a motion in the criminal division…
Pretext and Procedure
I call this the “McDonald’s burger-shifting analysis” By Andy DelaneyI might know enough about employment law to sound like I know what I’m talking about. But I’m no expert. Robert Caldwell was Champlain College’s chief fundraiser from January 2017 until September…
Prenup Problems
By Andy DelaneyA lone opinion this Friday. On a personal level, I’ve never “gotten” prenuptial agreements. From my perspective—not that of SCOV Law or anyone associated with SCOV Law—marriage should be based on trust and love. If you don’t implicitly…
Partially Preserved Points
By Andy DelaneySnow on a Saturday morning at the end of March is just
wrong.
This week’s story is one of those stranger-than-fiction
cases. Briefly, defendant married a woman named Lori and adopted her two
daughters. In 2000, defendant…
Three Entry Orders over Three Days
By Andy DelaneyNo “opinions” this week but there were three published entry orders, one each on the 12th, 13th, and 14th. The big difference between a published entry order and an opinion, to the best of my knowledge,…
March 5, 2025
This joke is so nerdy that it may require a reverse image searchBy Andy DelaneyI used the date this entry order issued for a few reasons. If you think it’s just because I’m lazy and it’s a Sunday with a lost…
Closing out February
By Andy DelaneyTwo opinions on Friday. Let’s get to it. First up we have a tiff between Travelers and the Department of Financial Regulation (DFR). Travelers wanted records from DFR about Middlesex Assurance Company, a Vermont captive insurer. If you…
Students or Employees? Or Both?
By Andy DelaneyOne opinion on Friday. This one does not answer the question of “whether predoctoral fellows and trainees are employees for purposes of the State Employees Labor Relations Act (SELRA).” SCOV punts this one back to the Labor…