Latest 3 Cases: Vermont v. Welch (Constitutional Law), Agency of Transportation v. Timberlake Associates et al. (Constitutional Law), In re ...

#MeToo and What Men and Women Are Willing to Say and Do

SHERRY F. COLB

Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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Vermont v. Welch

Citation: 2020 VT 74

Opinion Date: August 14, 2020

Judge: Cohen

Areas of Law: Constitutional Law, Criminal Law

Defendant Gregory Welch was convicted by jury of lewd and lascivious conduct. At trial, the State introduced evidence that defendant fled when police tried to arrest him, and the court instructed the jury on the use of flight evidence as suggesting consciousness of guilt. Defendant argued on appeal that the court erred in failing to instruct jurors that they could not return a guilty verdict based solely on the evidence of flight. Finding no reversible error, the Vermont Supreme Court affirmed.

Agency of Transportation v. Timberlake Associates et al.

Citation: 2020 VT 73

Opinion Date: August 14, 2020

Judge: Paul L. Reiber

Areas of Law: Constitutional Law, Real Estate & Property Law, Zoning, Planning & Land Use

R.L. Vallee, Inc. appealed the superior court’s denial of its motion to intervene in a state condemnation action seeking property rights for a highway project. Vallee argued: (1) it had a right to intervene under Vermont Rule of Civil Procedure 24(a)(1) because Vermont’s highway condemnation statute conferred an unconditional right to intervene; and (2) it had a right to intervene under Vermont Rule of Civil Procedure 24(a)(2) because it had an interest relating to property that was subject to the condemnation action and intervention was necessary to protect that interest. After review, the Vermont Supreme Court held that Vallee had an unconditional statutory right to intervene under Rule 24(a)(1), and accordingly, reversed.

In re Grievance of Michael Welch

Citation: 2020 VT 72

Opinion Date: August 14, 2020

Judge: Eaton

Areas of Law: Government & Administrative Law, Labor & Employment Law

Both the Vermont State Employees’ Association (VSEA) and the State of Vermont appealed a Labor Relations Board decision sustaining and dismissing in part a grievance filed by the VSEA on behalf of grievant Michael Welch, an employee of the Vermont Department of Liquor Control (DLC). Between 2007 and 2015, grievant worked as a state transport deputy sheriff with the Orange County Sheriff’s Department (OCSD). In 2015, he was hired by the DLC as a liquor-control investigator. The State determined that while working as a transport deputy, grievant had been a county employee, and therefore he was not eligible for salary and leave benefits available under the CBA to certain prior State employees beginning another State job. The VSEA then filed the instant grievance alleging that the State violated the CBA by failing to pay grievant at the contractually required step and failing to calculate his leave accrual at the contractually required rate. After considering the parties’ positions, the Board concluded that, for purposes of compensation and benefits, transport deputies are State employees exempt from the classified service. As a result, it found that the State violated Articles 30, 31, and 62 of the CBA in denying grievant compensation and leave benefits to which he was entitled. However, the Board determined that the State did not violate Article 45 because the promotional pay rate available thereunder applied only to those transferring between positions in the State classified service. The grievance alleged ongoing violations by the State of the parties’ collective bargaining agreement (CBA). After review, the Vermont Supreme Court affirmed as to Articles 30, 31 and 62, but reversed as to Article 45. The matter was remanded for calculation fo the amount that grievant was owed under Article 45 of the CBA.