LexisNexis® Legal Newsroom
Tasha Tudor's Children Scrap For $2M Vt. Estate

MARLBORO, Vt. – (AP) When author Tasha Tudor's ashes were finally buried, it wasn't in one place. Her bickering survivors couldn't agree on when, where and how, so a judge ordered her cremated remains divided in half. On Oct. 17, sons Seth Tudor and Thomas Tudor and daughters...

Government Urges Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

N.C. Judge Bars Ads Claiming Harm From Water Bottles

RALEIGH, N.C. - (AP) A North Carolina company that touted its stainless steel water bottles on television and the Internet as a safer alternative to plastic water bottles has been ordered to stop making those claims. The International Bottled Water Association sued Eco Canteen Inc. of Charlotte in federal...

Vermont Lawsuit Claiming Condom In Whopper Is Dropped

MONTPELIER, Vt. - (AP) A former Vermont man who claimed he bit into a Burger King sandwich and found an unwrapped condom has dropped his lawsuit, with the restaurant agreeing to drop its counterclaim. The man and the store's owners agreed to pay their own legal costs. The plaintiff's attorney...

Vermont, GOP Governors Association Trade Lawsuits

MONTPELIER, Vt. - (AP) Vermont's attorney general and the Republican Governors Association filed lawsuits against one another Monday the state accusing the RGA of campaign finance law violations, the RGA calling Vermont's attorney general a partisan Democrat trying to muzzle its free speech....

2 Lawsuits Challenge U.S. Defense Of Marriage Act

NEW YORK - (AP) Two new lawsuits have been filed on behalf of gay and lesbian couples in four states to challenge a 1996 law that denies federal benefits to married gay couples. Full version available to lexis.com subscribers .

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

Texas Dairy Company Settles Vermont Antitrust Lawsuit

MONTPELIER, Vt. - (AP) A national dairy processor says it is going to pay $30 million to settle a class-action lawsuit filed by dairy farmers from Vermont and other northeastern states that accused the firm of violating federal antitrust laws. The news of the settlement between Dean Foods and the farmers...

N.Y. Attorney General Sues Online Tobacco Sites

MINEOLA, N.Y. - (AP) Six website operators are violating a state law that bans the online sale of tobacco to customers in New York, Attorney General Eric Schneiderman said Thursday. Schneiderman said lawsuits were filed a day earlier in state Supreme Court in Manhattan, seeking $5,000 in fines for each...

Entergy Sues To Keep Vermont Nuclear Plant Open

MONTPELIER, Vt. - (AP) The owners of Vermont's troubled nuclear plant sued state officials Monday to stop them from closing the plant next year, setting up a court fight about who has jurisdiction state or federal nuclear regulators. New Orleans-based Entergy Corp., which recently won a new 20-year...

Supreme Court Justices Weigh Constitutionality Of Vermont Law Restricting Prescribing Data

WASHINGTON, D.C. - (Mealey's) U.S. Supreme Court justices on April 26 questioned why Vermont needs to hide doctors' prescribing habits from drug sales representatives or if the state has a sound public policy reason for doing so ( William H. Sorrell, et al. v. IMS Health Inc., et al. , No. 10...

Supreme Court Questions Limits On Use Of Prescription Data

WASHINGTON, D.C. - (AP) The Supreme Court cast doubt Tuesday on efforts by states to limit drug manufacturers' use of information about the prescription drugs that doctors like to prescribe. The court took up a dispute between the state of Vermont and companies that sell doctors' prescribing...

Supreme Court Says Vermont Law Restricting Prescribing Data Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) Vermont's law restricting the sale of doctors' drug-prescribing information to data miners for use in marketing drugs to doctors is an unconstitutional, impermissible restriction on free speech content and on speakers with which the state disagrees, the U.S....

Vermont Prescription Drug Data Mining Law Struck Down

WASHINGTON, D.C. - (AP) States cannot stop drug manufacturers and data-mining companies from using information about the prescription drugs individual doctors like to prescribe, the Supreme Court ruled Thursday. The court voted 6-3 to strike down a Vermont data-mining law aimed at controlling health...

Norton Rose Fulbright: Vermont AG Offers Limited Penalty For Failure To Report Data

By Benjamin Koplin , Selina Coleman and R. Jeffrey Layne The Vermont Attorney General's Office announced an offer to accept a limited penalty from medical device and biologic manufacturers to resolve failure to report expenses related to health care providers under Vermont's Prescribed Products...

Vermonters Who Enjoy That Fresh Pine Scent In Their Automobiles Can Breathe A Little Easier, Thanks To the Vermont Supreme Court

In State v. Hurley, 2015 VT 46, 2015 Vt. LEXIS 22 (Vt. 2015) , a Bennington police officer stopped the defendant, who had a pine-tree-shaped air freshener hanging from his rearview mirror, for violating 23 V.S.A. § 1125 , pertaining to obstructions of windshields. As a result of the stop, the defendant...

Higher Mathematics Flops in Lower Court

The Pythagorean Theorem had its day in a Vermont court — but the result added up to a reversal. In State v. Wisowaty, 2015 VT 97, 2015 Vt. LEXIS 72 (Vt. 2015) , the defendant was charged with negligent operation of a vehicle and excessive speed in violation of 23 V.S.A. § 1091(a) and 23...

Beauty Is in the Eye of the Beholder—Not of the Court

In Myrick v. Peck Electric Company , 2017 Vt. LEXIS 4, the Vermont Supreme Court, offered the chance by landowners displeased by solar arrays to rule that an action for private nuisance could be based solely on aesthetic considerations, chose not to abandon its long-standing precedent. After their...