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Vermont Questions & Answers
0 Answers | Asked in Consumer Law for Vermont on
Q: is this a valid case? Personal or class action?

I have been using a telehealth company to help me manage my disorder and just recently they completely disappeared. I have been without treatment for over a month now and have not gotten any answers from them. They just randomly and abruptly stopped my care. Come to find out the founders of the... View More

1 Answer | Asked in Federal Crimes for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

James L. Arrasmith
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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

0 Answers | Asked in Criminal Law and Family Law for Vermont on
Q: Plaintiff granted RFA. Defendant works outside in city. Plaintiff shows up does Defendant have to leave work

Plaintiff is aware of where defendant works and that the job requires being outside to fix roads, leaks, plow, sweep, man posts for parades, etc. Plaintiff doesn't live in this city. Shows up during parade and makes presence known. Is defendant required to leave while working.

1 Answer | Asked in Civil Litigation for Vermont on
Q: Am I supposed to do a discovery as the defendant in a civil matter
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

A Vermont attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, discovery is the process for both sides in a legal action to learn about the opposition's case. They can ask questions and request production of materials to... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

James L. Arrasmith
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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be...
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1 Answer | Asked in Landlord - Tenant for Vermont on
Q: My commercial lease includes heat. My landlord shut the boiler off all winter and forbids me to use the boiler

I froze all winter

He bought a my buddy heater w propane cylinder and put inside the commercial kitchen which is unsafe

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like your situation is both uncomfortable and potentially unsafe, especially considering the use of a propane heater in a commercial kitchen. If your lease includes heat, your landlord is typically required by law to provide it during the colder months. The first step is to review your... View More

1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Probate for Vermont on
Q: I have a few questions on probate law and procedures in the state of Vermont

I need to know how to contest a will, find out where an estate is in probate and how much we can expect to pay to engage a lawyer on my son's behalf.

Anthony M. Avery
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answered on Jan 26, 2024

Those are not a few questions. Will Contests are very complicated and expensive. Contact a VT attorneys until you find one that will take the case. Put together witnesses and proof now.

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: Can my parents stop me from leaving the house and take things away (like my computer) that they don't pay for? I'm 18

I'm not allowed to leave the house on my own, I'm not allowed to talk to or make friends, I'm not allowed to have a job, I'm not allowed to lock the bathroom door, I'm not allowed to close my bedroom door, Im forced to go to church, they threaten to take my phone and... View More

James L. Arrasmith
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answered on Jan 22, 2024

As an 18-year-old in Vermont, you are legally considered an adult. This means you have the same legal rights as any other adult, including the right to make your own decisions about your life. Your parents cannot legally force you to stay in the house, prevent you from working, or control your... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Medical Malpractice for Vermont on
Q: if a patient acquires MRSA because the hospital and staff wasn't sanitizing rooms and hands, is it suable?
Joel Gary Selik
Joel Gary Selik
answered on Jan 9, 2024

It is a potential case. But such cases can be very difficult to prove it was from negligence as infection can occur even in the absence of negligence.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?

I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.

T. Augustus Claus
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answered on Sep 15, 2023

Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Vermont on
Q: is my landlord allowed to come into my apartment every month for check-ins, showings, and "fixes"?

My landlord has been in my apartment at least once every month since i signed a lease last year. Each time has been to look at work he wanted us to do, show the apartment to buyers and realtors, look at things that he claimed needed updating, and hiring people off the street to come in to do... View More

Kevin Lumpkin
Kevin Lumpkin
answered on Sep 26, 2023

Your landlord is permitted to enter your unit for one of four reasons:

(1) when necessary to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services; or

(4) to exhibit the dwelling unit to prospective...
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2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 17, 2023

I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation.... View More

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