Free Vermont Supreme Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Vermont Supreme Court March 20, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Some Observations on Calls for Senate Reform: Part One of a Two-Part Series | VIKRAM DAVID AMAR | | In this first of a series of columns, Illinois Law dean and professor Vikram David Amar offers four observations about recent calls for reform of the filibuster device in the U.S. Senate. Dean Amar suggests looking at state experiences with supermajority rules, as well as the Senate’s own recent past, and he considers why senators might be reluctant to eliminate the filibuster. He concludes with a comment on President Joe Biden’s suggestion that the Senate return to the “talking filibuster” and praises a suggestion by Senator Tom Harkin (D-IA) that the cloture requirement (currently at 60 votes) could be lowered gradually, the longer a measure under consideration is debated. | Read More |
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Vermont Supreme Court Opinions | Forrett v. Stone | Citation: 2021 VT 17 Opinion Date: March 19, 2021 Judge: Per Curiam Areas of Law: Civil Procedure | Defendant Orion Stone appealed a trial court’s order extending a relief-from-abuse (RFA) order against him. He argued the plain language of 15 V.S.A. 1103(e) required plaintiff Meghan Forrett to seek her extension before the initial order expired, and because she failed to do so, the court lacked jurisdiction over her request. Defendant maintained that plaintiff’s belated request could not be considered “excusable neglect” under Vermont Rule of Civil Procedure 6(b). Defendant further argued the trial court was required and failed to make findings that he abused plaintiff and that there was a danger of further abuse. The Vermont Supreme Court construed section 1103(e) to allow plaintiff’s filing here; however, the Supreme Court concluded there was insufficient evidence to support the trial court’s decision to extend the RFA order. Because the Court concluded that the hearing did not provide plaintiff a sufficient opportunity to present relevant evidence, judgment was reversed and the matter remanded for further proceedings. | |
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