Vermont

DOJ says bar officials violate ADA by asking applicants too much about their mental health

Asking would-be lawyers standard questions about their mental health, including their history of diagnosis and treatment, could violate the Americans with Disabilities Act, according to the civil rights division of the U.S. Department of Justice. In a lengthy Feb. 5 letter (PDF) to the Louisiana Supreme Court, its committee on…

Feb 12, 2014 9:30 PM CST

Spousal privilege doesn’t apply to woman testifying in same-sex partner’s murder trial, judge rules

Kentucky doesn’t allow same-sex marriages or civil unions, or recognize those that occur in other states. But even if it did, that wouldn’t mean that a woman who prosecutors say heard her same-sex partner admit to killing a man and saw her cleaning blood from his van a couple of…

Sep 23, 2013 11:15 PM CDT

Acquittal follows judge’s refusal to allow ‘timid’ prosecutor to reduce charge

Vermont jurors took only 40 minutes last Friday to acquit a woman of aggravated assault, a charge that even the prosecutor didn’t agree with. Deputy Chittenden County State’s Attorney Paul Finnerty had sought to reduce the charge to simple assault, but Judge Michael Kupersmith had refused to allow it, the…

Sep 20, 2013 11:10 AM CDT

19 ‘right to dry’ states outlaw clothesline bans; is yours among them?

Once upon a time, a clothesline was a standard feature of most back yards. But concern that publicly airing clean laundry attached with clothespins to a rope or wire was unsightly, or obstructed views, or even created a safety risk (strangulation is sometimes cited) led a number of condominium associations…

Aug 14, 2013 8:24 PM CDT

Law school sues insurer, seeks coverage of civil racketeering case

Liberty University School of Law has filed a federal lawsuit seeking to force its insurance carrier to defend the institution in an earlier civil racketeering case over a child-custody battle between married same-sex parents, reports Virginia Lawyers Weekly’s VLW Blog. The underlying suit, which is proceeding in federal court in…

Jun 19, 2013 9:30 PM CDT

Public defender’s suit jacket deflects judge’s objection to client’s T-shirt

A public defender in Vermont handled an arraignment without his suit jacket Wednesday, after putting it on a client, backwards, to cover an offending T-shirt. Attorney Doug Willey took action after Caledonia Superior Court Judge Mary Miles Teachout told his client, Christopher Bryant, 28, that his arraignment in a domestic…

Apr 4, 2013 3:52 PM CDT

Vermont Law School Plans to Downsize Staff; Dean Says Nonlawyer Specialists Will Do More Legal Work

The field of health care has been transformed with more cost-effective treatment by nurse practitioners and physician assistants, and the legal field will follow with less work being done by lawyers, according to a law dean who is preparing for changes ahead by downsizing. Marc Mihaly, the dean and president…

Nov 28, 2012 1:16 PM CST

State Justices, Legislators on Panel Shared Success Stories on Tackling Judiciary Budget Concerns

State chief justices and court administrators met this week in Washington, D.C., to discuss policy priorities for the upcoming year and beyond. Many of them took time Thursday to join in or attend a panel discussion concerning best practices and methods for dealing with severe budgeting constraints. They heard plenty…

Nov 15, 2012 9:02 PM CST

Top Vt. Court Suspends Clientless Lawyer, Says Pro Se Filings Show He Could Harm Potential Clients

The state’s supreme court has suspended a Vermont lawyer on an interim basis, pending further disciplinary action, even though he apparently has no clients. Saying that William E. Simendinger has shown, through pro se filings and other conduct, that there is “a real and substantial threat of serious harm to…

Nov 2, 2012 3:53 PM CDT

Defense Lawyer Moves to Dismiss 20 Cases, Says Prosecutor Not Lawfully Appointed By Vt. Governor

A criminal defense attorney has filed a motion seeking the dismissal of 20 criminal cases, contending that the state lacks authority to prosecute the defendants because the Orleans County state’s attorney was unlawfully appointed by the Vermont governor. Attorney David Sleigh says State’s Attorney Alan Franklin does not hold a…

Oct 16, 2012 7:15 PM CDT

Ice Cream Maker Ben & Jerry’s Wins Lookalike Porn Movie TRO; Boston Cream Thigh, Other DVDs Nixed

It might seem unlikely that those who enjoy Ben & Jerry’s gourmet ice cream would think the Vermont-based maker of trademarked flavors such as Chocolate Fudge Brownie, Peanut Butter Cup and Boston Cream Pie has anything to do with similar sounding porn flicks such as Chocolate Fudge Babes, Peanut Butter…

Sep 7, 2012 6:30 PM CDT

Breast-Feeding Woman Booted from Plane Wins Secret Delta Settlement, 2 Other Carriers to Pay $20K

A New Mexico woman who said she was ordered off a Delta Connections flight in Vermont in 2006 after she refused an offended flight attendant’s demand to cover herself with an airline blanket has settled her civil rights case over the incident. According to Emily Gillette, who is now 32,…

Mar 16, 2012 9:25 PM CDT

Vermont Supreme Court Overturns Molestation Conviction Because of Juror’s Internet Research

A Somali Bantu immigrant who was convicted of sexually assaulting a 9-year-old girl will get a new trial because of a juror’s internet research about his culture. A trial judge had found the research didn’t affect the guilty verdict against Ali Abdi and wasn’t prejudicial, but the Vermont Supreme Court…

Jan 30, 2012 1:28 PM CST

Artist Defends His ‘Eat More Kale’ Shirts Against Chick-fil-A Trademark Objections

A Vermont folk artist who promotes local agriculture with the advice “eat more kale” on T-shirts and sweatshirts is fighting a demand by Chick-fil-A that he stop using the phrase. Bo Muller-Moore says he has twice heard from Chick-fil-A, which holds the trademark to the phrase “eat mor chikin,” the…

Nov 29, 2011 2:54 PM CST

Seven Years After His Murder Acquittal, Vt. Man Confesses to Police

A Vermont man acquitted seven years ago in a 2002 murder outside a pizza restaurant has called police and confessed to the crime. The acquitted defendant, Isaac Turnbaugh, called police last month in Randolph, Vt., and confessed to killing his co-worker outside the restaurant, report the Burlington Free Press and…

Aug 3, 2011 12:23 PM CDT