Latest 3 Cases: Kneebinding, Inc. v. Howell (Business Law), In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.) (Environmental Law), ...

Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

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Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

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Kneebinding, Inc. v. Howell

Citation: 2020 VT 99

Opinion Date: November 6, 2020

Judge: Carroll

Areas of Law: Business Law, Civil Procedure

In 2003, Richard Howell invented a binding that has a “special, patented heel release designed to mitigate knee injuries . . . that are common in downhill skiing.” Howell formed a business relationship with John Springer-Miller, and the two signed transaction documents, which included an employment agreement, a stock-purchase agreement, an investor-rights agreement, and an amended certificate of incorporation. Howell and Springer-Miller’s working relationship “began to deteriorate almost immediately,” and the KneeBinding board voted to terminate Howell as president in September 2008. In prior proceedings, the Vermont Supreme Court in large part affirmed an August 2016 trial court decision, but reversed a decision to dissolve a March 2009 permanent injunction, and remanded the court’s award of attorney’s fees to KneeBinding, Inc. with directions to consider additional evidence of legal fees. On remand in August 2019, the trial court: (1) awarded additional attorney’s fees to KneeBinding; (2) issued a sanction for a May 23, 2018 finding that Richard Howell violated an August 10, 2017 injunction that was in place while "KneeBinding II" was pending; and (3) found Howell in contempt for violating the March 2009 permanent injunction that the Supreme Court restored in KneeBinding II. On appeal, Howell challenged the May 23, 2018, finding that he violated the August 2017 injunction and the August 2019 finding that he violated the March 2009 permanent injunction. Finding no reversible error, the Supreme Court affirmed.

In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.)

Citation: 2020 VT 98

Opinion Date: November 6, 2020

Judge: Paul L. Reiber

Areas of Law: Environmental Law, Government & Administrative Law, Zoning, Planning & Land Use

Plaintiff R.L. Vallee, Inc. appealed the Environmental Division’s decision granting an Act 250 permit to the Vermont Agency of Transportation (VTrans) for a highway project involving the reconfiguration of an interstate exit. Vallee argued the court applied the incorrect standard in analyzing phosphorus discharges under Act 250 Criterion 1, and improperly evaluated the evidence of phosphorus and chloride discharges under Criterion 1. The Vermont Supreme Court found the Environmental Division applied the correct legal standard to evaluate discharges, and properly considered the evidence before it in determining that the project complies with Criterion 1.

Peralta v. Brannan

Citation: 2020 VT 100

Opinion Date: November 6, 2020

Judge: Paul L. Reiber

Areas of Law: Family Law

Ashlie Brannan appealed a trial court’s determination that Ashton Peralta was a de facto parent of A.Z. pursuant to 15C V.S.A. 501. She argued the court erred both in denying her motion to dismiss and in evaluating the factors set forth in section 501(a). Finding no reversible error, the Vermont Supreme Court affirmed.