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Citation: 664 F. Supp. 2d 420 | Docket No.: File No. 1:09-CV-68
Status: Published | Cited By: 10 Primary Sources | Citing: 56
Summary: 664 F. Supp. 2d 420 (2009) James E. PIETRANGELO, II, Plaintiff, v. ALVAS CORPORATION, George Alvanos, Christine Alvanos, Evan Alvanos, John Doe, City of Burlington, Emmet Helrich, Wade Labrecque, William Sorrell, Defendants. Pending before the Court are a series of motions, including Pietrangelo's state court motion for a temporary restraining order, his motion to remand, and cross-motions for summary judgment. Dep't Stores, Inc., 2005 WL 549712, at *6 (S.D.N.Y. Mar. 8, 2005) (citing Fernandez v......read more.


Citation: 253 B.R. 513 | Docket No.: 2:99-cv-326
Status: Published | Cited By: 10 Primary Sources | Citing: 27
Summary: 253 B.R. 513 (2000) MERCHANTS BANK, Appellant, v. Maxwell FRAZER, Appellee. *514 Norman Charles Williams, Gravel and Shea, Burlington, VT, for Merchants Bank, appellant. Merchants Bank appeals from a decision of the United States Bankruptcy Court for the District of Vermont which held that a Debtor's equity of redemption period is tolled by the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a), *515 rather than simply extended for 60 days by 11 U.S.C. § 108(b). Between May 1992......read more.


Citation: 244 F. Supp. 156 | Docket No.: Civ. A. No. 4224
Status: Published | Cited By: 10 Primary Sources | Citing: 12
Summary: 244 F. Supp. The plaintiff instituted this action praying that the defendant, University of Vermont and State Agricultural College, be ordered to reinstate the plaintiff to his former position as a student in its College of Medicine. The substance of the plaintiff's complaint is as follows: He is a third year student at the defendant's College of Medicine, and during the months of March through June of 1964, he was enrolled in a 12-week course in pediatrics-obstetrics. See also Harrison Construc......read more.


Citation: 427 F. Supp. 834 | Docket No.: Civ. A. No. 75-232
Status: Published | Cited By: 10 Primary Sources | Citing: 27
Summary: 427 F. Supp. This case presents a challenge to state and federal welfare regulations which require indigent children and their parents or guardians to obtain Social Security Account Numbers ("SSN's") and furnish them to the government as a condition of eligibility for family welfare assistance. At the time the complaint was filed in October, 1975, the Greens were recipients of assistance from the Vermont Department of Social Welfare under the federal-state program of Aid to Needy Families with C......read more.


Citation: 140 B.R. 88 | Docket No.: Bankruptcy No. 90-334, No. 2:91-CV-147
Status: Published | Cited By: 10 Primary Sources | Citing: 19
Summary: 140 B.R. 88 (1992) In re Jane S. BAKER, Debtor. BANK OF BOSTON, Appellant, v. Jane S. BAKER, Appellee. Background The Bankruptcy Court found that in June of 1990, appellee Jane Baker owned a 1988 Nissan Sentra automobile, in which the Bank of Boston ("the bank") held a security interest in connection with an automobile loan to Baker. 9th Cir.1990), rev'd on other grounds, 934 F.2d 216 (9th Cir.1991); In re Omni Graphics, Inc., 119 B.R. 641, 645 (Bankr.E.D.Wis.1990); In re Chateaugay, 112 B.R. 52......read more.


Citation: 162 F. Supp. 2d 292 | Docket No.: 2:99-CV-92
Status: Published | Cited By: 10 Primary Sources | Citing: 10
Summary: 162 F. Supp. 2d 292 (2001) The FONDA GROUP, INC., Plaintiff, v. Paul LEWISON, Wendy Lewison, and Michael Lewison, Defendants. In this contract action brought by The Fonda Group, Inc. ("Fonda") against Paul Lewison, Wendy Lewison, and Michael Lewison (collectively, "the Lewisons"), both sides have moved for summary judgment. For the reasons that follow, the Lewisons' motion for summary judgment (Paper 97) is DENIED and Fonda's motion for summary judgment (Paper 90) is GRANTED. Each of the Lewison......read more.


Citation: 148 F. Supp. 2d 373 | Docket No.: CIV.A. 199-CV-160
Status: Published | Cited By: 10 Primary Sources | Citing: 17
Summary: 148 F. Supp. 2d 373 (2001) Scott HUMINSKI, Plaintiff, v. RUTLAND COUNTY, Rutland County Sheriff's Department, R.J. Elrick, Hon. Nancy Corsones, Hon. Patricia Zimmerman, Karen Predom, and Rutland District Court, Defendants. (Paper 73) Defendants Nancy Corsones and M. Patricia Zimmerman renew their request to dismiss Plaintiff Scott Huminski's complaint pursuant to 42 U.S.C. § 1983 alleging that Corsones and Zimmerman violated his First Amendment rights when they executed trespass orders denying H......read more.


Citation: 794 F. Supp. 531 | Docket No.: Civ. A. No. 90-207
Status: Published | Cited By: 10 Primary Sources | Citing: 22
Summary: 794 F. Supp. On June 28, 1990, plaintiff Sharlene Fellows filed a Complaint in Vermont Superior Court alleging that Earth Construction, Inc. ("ECI") discriminated against her because *533 of her sex in violation of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII") and the Vermont Fair Employment Practices Act, 21 V.S.A. § 495 et seq. ("FEPA"). Defendant now comes before this court moving for summary judgment in its favor on two independent grounds, wh......read more.


Citation: 373 F. Supp. 983 | Docket No.: Civ. A. No. 73-288
Status: Published | Cited By: 10 Primary Sources | Citing: 15
Summary: 373 F. Supp. See Weiner v. Sherburne Corp., 348 F. Supp. 1950); Cruz v. General Motors Corp., 308 F. Supp. However, by a 1956 amendment to the United States Public Health Service Act, Congress provided that: [C]ommissioned officers of the [Public Health] Service and their surviving beneficiaries shall, with respect to active service performed by such officers . . . on detail for duty with the Army, Navy, Air Force, Marine Corps or Coast Guard . . . be entitled to all rights, privileges, immuniti......read more.


Citation: 207 F. Supp. 2d 308 | Docket No.: 2:99-cv-256
Status: Published | Cited By: 10 Primary Sources | Citing: 35
Summary: 207 F. Supp. Michael Frederick Hanley, Plante & Hanley, White River Junction, VT, Paul F. Waldner, Richard W. Ewing, Vickery & Waldner, Houston, TX, Arnold A. Vickery, Houston, TX, for Jose G. Espinoza, Minnie T. Espinoza. See Raskin v. Wyatt Co., 125 F.3d 55, 66 (2d Cir.1997). See, e.g., Winkler v. Eli Lilly & Co., 101 F.3d 1196, 1198 (7th Cir.1996) (hundreds of plaintiffs have attempted to sue Eli Lilly for injuries allegedly caused by ingesting Prozac). See Miller v. Pfizer Inc., 196 F. Supp.......read more.


Citation: 189 F. Supp. 2d 174 | Docket No.: 2:99-cv-172
Status: Published | Cited By: 10 Primary Sources | Citing: 16
Summary: 189 F. Supp. 2d 174 (2001) J.A. McDONALD, INC., Plaintiff, v. WASTE SYSTEMS INTERNATIONAL MORETOWN LANDFILL, INC., and FRONTIER INSURANCE COMPANY, Defendants. This matter is before the Court on Plaintiff J.A. McDonald, Inc.'s ("McDonald" or "Contractor") motion for partial summary judgment in its claim of wrongful termination of contract against Defendant Waste Systems International Moretown Landfill, Inc. ("WSI-Moretown" or "Owner"). McDonald argues that as a matter of law WSI-Moretown wrongful......read more.


Citation: 763 F. Supp. 1262 | Docket No.: Crim.A. Nos. 90-78-01 to 90-78-03
Status: Published | Cited By: 10 Primary Sources | Citing: 17
Summary: 763 F. Supp. Investigator Tuttle was conducting a criminal investigation of Mitchell and Brouillette because of EPA suspicions that the two were not taking water turbidity tests in accordance with EPA regulations and that they were filing false reports of testing and test results. At no time during the interrogation did Tuttle state that he was a criminal investigator, that he was conducting a criminal investigation, or that Mitchell had rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.......read more.


Citation: 269 B.R. 522 | Docket No.: 2:01-cv-207
Status: Published | Cited By: 10 Primary Sources | Citing: 32
Summary: 269 B.R. 522 (2001) In re Melissa PARKER, Debtor. Brattleboro Housing Authority, Creditor-Appellant, v. Melissa Parker, Debtor-Appellee. Geoffry F. Walsh, Vermont Legal Aid, Inc., Springfield, VT, for Melissa Anne Parker OPINION AND ORDER SESSIONS, District Judge. Creditor-Appellant Brattleboro Housing Authority ("BHA") appeals the decision of the United States Bankruptcy Court for the District of Vermont (Brown, J.) declining to grant it certain pre-bankruptcy petition attorney's fees and utili......read more.


Citation: 5 F. Supp. 2d 214 | Docket No.: 2:97-cv-114
Status: Published | Cited By: 10 Primary Sources | Citing: 14
Summary: 5 F. Supp. 2d 214 (1998) Lynn ESDEN, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. BANK OF BOSTON and The Retirement Plan of The First National Bank of Boston and Certain Affiliated Companies, Defendants. On April 3, 1997, Lynn Esden filed a class action complaint, alleging that "Bank of Boston and The Retirement Plan of The First National Bank of Boston and certain affiliated companies" violated the Employee Retirement Income Security Act of 1974, as amended ("ERISA......read more.


Citation: 363 F. Supp. 2d 683 | Docket No.: 2:02-CV-21
Status: Published | Cited By: 10 Primary Sources | Citing: 17
Summary: 363 F. Supp. Weyant v. Okst, 101 F.3d 845, 854 (2d Cir.1996). Daubert, 509 U.S. at 593 n. 10, 113 S. Ct. 2786; Plourde v. Gladstone, 190 F. Supp. Amorgianos v. National R.R. Passenger Corp., 303 F.3d 256, 267 (2d Cir.2002). "B. Expert Testimony Under Daubert Prior to the adoption of the Federal Rules of Evidence, Frye v. United States, 293 F. 1013 (App.D.C 1923) provided the dominant standard for determining the admissibility of scientific evidence at trial. at 588, 113 S. Ct. 2786; see also Amo......read more.


Citation: 2 F. Supp. 2d 562 | Docket No.: Civ. 1:94CV301
Status: Published | Cited By: 10 Primary Sources | Citing: 27
Summary: 2 F. Supp. See generally Fund for Animals v. Babbitt, 89 F.3d 128 (2d Cir. See Fund For Animals, 89 F.3d at 129-32; Fund for Animals v. Babbitt, Opinion-Order, Civil No. 5:94CV301 (D.Vt. See 40 C.F.R. § 1500.4(p) (categorical exclusions employed to "reduce excessive paperwork"); see also City of New York v. I.C.C., 4 F.3d 181, 185 (2d Cir.1993) (suggesting that, absent extraordinary circumstances, categorical exclusions require little further agency analysis). See, e.g., Polymer Technology Corp.......read more.


Citation: 211 F. Supp. 2d 520 | Docket No.: 1:99-CV-160
Status: Published | Cited By: 10 Primary Sources | Citing: 68
Summary: 211 F. Supp. 2d 520 (2002) Scott HUMINSKI, Plaintiff, v. RUTLAND COUNTY SHERIFF'S DEPARTMENT; Nancy Corsones, Vermont District Court Judge, individually and in her official capacity; Karen Predom, Vermont District Court Manager, individually and in her official capacity; R.J. Elrick, Rutland County Deputy Sheriff, individually and in his official capacity; M. Patricia Zimmerman, Vermont District Court Judge, individually and in her official capacity, Defendants. Plaintiff Scott Huminski brings t......read more.


Citation: 128 B.R. 885 | Docket No.: Civ. A. Nos. 90-173, 90-144
Status: Published | Cited By: 10 Primary Sources | Citing: 19
Summary: 128 B.R. 885 (1991) SURE-SNAP CORP., The Estate of Alfred Shure and Elaine Shure, Plaintiffs, v. BRADFORD NATIONAL BANK, Defendant. SURE-SNAP CORP., a New York corporation, The Estate of Alfred Shure, by and through its Personal Representative Elaine Shure and Elaine Shure, Individually, Plaintiffs, v. STATE STREET BANK AND TRUST COMPANY, Defendant. I. BACKGROUND Plaintiffs (hereafter often denominated collectively as "Sure-Snap") are a reorganized Chapter 11 debtor, which formerly manufactured ......read more.


Citation: 372 F. Supp. 2d 753 | Docket No.: 2:01CR1201
Status: Published | Cited By: 10 Primary Sources | Citing: 44
Summary: 372 F. Supp. These were: (1) it fails to avoid sentences of death for the factually and legally innocent; (2) the FDPA's sentencing scheme is incomprehensible to a jury, in violation of the Fifth and Sixth Amendments; (3) the FDPA fails to narrow adequately the class of persons eligible for the death penalty, in violation of the Eighth Amendment; (4) the relaxed evidentiary standard applicable to the penalty phase of trial renders any findings unconstitutional; (5) the indictment fails to charge......read more.


Citation: 661 F. Supp. 1132 | Docket No.: Civ. A. No. 86-308
Status: Published | Cited By: 10 Primary Sources | Citing: 11
Summary: 661 F. Supp. On March 24, 1987, defendants filed with this Court a motion for partial summary judgment as to Counts III, IV, V, and VI of plaintiff's amended complaint. From 1983 until the present plaintiff has taught the first-year required course in Histology along with Dr. Jerome F. Fiekers and Dr. Carson Cornbrooks. Count III alleges a violation of the Vermont Administrative Procedures Act, 3 V.S.A. § 801 et seq.; Count IV claims a violation of the *1134 Vermont Open Meeting Law, 1 V.S.A. §§......read more.