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I don’t know whether those beamsare okay or not, but that’s a cool basement In re Bombardier, 2018 VT 11 By Andrew Delaney Here’s another blast from the past. This case is about a professional engineer’s required standards of conduct when inspecting a home for an insurance claim. Naturally, this reminds me of a humorous saying about engineers. The optimist sees the glass as half full. The pessimist sees the glass as half empty. The…
If you thought there wouldn’t be a picture of a puppy whenthe opinion actually mentions a dog, then you haven’t beenreading this blog very long.   Brown v. State, 2018 VT 1 By Andrew Delaney Has it really been more than two years since SCOV issued this opinion? Yes. Yes, it has. In a negligence case, one has to establish liability and damages. Occasionally, there will be a strange sort of verdict where the jury finds liability…
Same calendar By Andy Delaney I used to wake up early in the morning on Saturday to watch Saturday morning cartoons. Now I wake up early and read SCOV opinions. Last week, I imagined a conversation between my 40-year-old self and my six-year-old self. I could see the look of horror and disbelief on my six-year-old self’s face followed by a declaration of, “Well, then I’m never growing up!” June has been busy in SCOV…
Town, Towne . . . get it?  In re Towne, 2018 VT 5 By Elizabeth Kruska Like certain cheeses and fine wines, some appellate opinions get better with age. I won’t take a position on whether this is such an opinion, but it did seem like we ought to get to it, since it’s been patiently waiting since 2018. Without belaboring the first twelve paragraphs of this opinion, it ought to be noted that the…
All things take time Boland v. Estate of Smith, 2020 VT 51 By Elizabeth Kruska This is an interesting case about when a very particular kind of plaintiff may file a very particular kind of lawsuit. Basic facts: Leonard Audet was killed in a motor vehicle accident involving Paul Smith. Paul Smith also died in that accident. Before he drove, Paul had been drinking at a bar called Corner Pocket. Corner Pocket was owned by…
Sure, it looks pretty NOW Khamnei v. Burlington Public Works Commission, 2018 VT 19 By Elizabeth Kruska The legislative process is often referred to as “how the sausage gets made.” This case is masquerading as a case about a plumbing permit but actually seems to be about legislation. Here’s the story. We have a statute about plumbing. It says all plumbing work must be done by a licensed plumber. There are exceptions for work…
This puppy has nothing to do with the case State v. Kelley, 2016 VT 58 By Andrew Delaney This is an old case, decided in 2016. The facts are even older. Flashback to New Year’s Eve 2013 at Mr. Kelley’s apartment. During the early evening, Mr. Kelley and his girlfriend had been drinking. Later in the evening, his girlfriend called 911 and told the dispatcher she needed an ambulance because Mr. Kelley had beaten her.…
Moving in the same direction In re Phyllis McCoy-Jacien, 2020 VT 42 By Elizabeth Kruska As you may recall, we here at SCOV Law covered a series of four attorney disciplinary opinions related to Phyllis McCoy-Jacien. If you’d like to read the series—and you should—you can find it here. Here’s Act V. As we’ve talked about before, attorneys are a licensed profession in Vermont and in other states. Let’s suppose an attorney is…
Who knows what we’re thinking with this one? Provident Funding Associates, L.P. v. Campney, 2017 VT 120 By Elizabeth Kruska This case is a lot to wade through, which is why it’s gone un-summarized for three years. But I’m willing to take one for the collective SCOV Law Team and do this. There’s apparently a piece of property in Clarendon owned by the Campneys. They have nearly nothing to do with this case, except that…
Enjoy this koala. In re Grundstein, 2018 VT 10 By: Elizabeth Kruska Getting to be a lawyer is hard, and probably, justifiably so. People go to lawyers to help them solve serious legal issues and need to be able to trust that the lawyer they’re talking to has the knowledge and ability to assist. People also need to be able to trust that the lawyer they’re talking to is sanctioned to give advice. The fact…