Friday, February 23, 2018

Keep Your Hands To Yourself

It's all connected in some way
State v. Discola, 2018 VT 7

By Elizabeth Kruska

Here are the basic facts. Mr. Discola was charged with multiple counts of lewd and lascivious conduct. The State alleged that during the Burlington Marathon in 2015, Mr. Discola, in apparently a few different locations along the marathon route, touched three female spectators on their respective rear ends. A runner in the relay saw one of the touching episodes and also took a photo.

A police officer saw this fellow sort of hanging around a group of girls and became suspicious based on this man’s behavior. He asked Mr. Discola what he was doing and Mr. Discola said he was meeting a friend for burritos. I suppose this makes sense where “meeting a friend for burritos” is code for “touching women inappropriately during the Burlington Marathon.” The police officer, apparently not entirely convinced, took a photo of Mr. Discola. You know, just in case it turned out something was afoot.

I’ll interject here and say that I really enjoy running in road races. I am not fast, but I enjoy training for and running in races. Lots of other people feel the same way I do. These are events that bring that bring out big crowds, and big crowds often need police to help keep things under control, which is how the officer I mentioned above came in to contact with Mr. Discola.

Not Much to Talk About . . . Yet

And . . . we're done. 
Wash. Super. Union v. Cabot Teachers' Ass'n, 2018 VT 24 (mem.)

By Andrew Delaney

This is my favorite kind of opinion to summarize—one paragraph long. The Board of School Directors of Washington Northeast Supervisory Union appeals the Labor Relations Board conclusion that the Cabot Teachers’ Association didn’t commit an unfair labor practice by declining to engage in collective bargaining in a public session.

Because SCOV issued another opinion today that resolves the whole negotiating-sessions-are-subject-to-public-meeting-requirements argument (based on this one-paragraph opinion, I’m guessing that’s a no), the Labor Relations Board’s decision is affirmed.

And we're done . . . for now. Stay tuned for the actual opinion that dictated this one.

Sunday, February 4, 2018

Delay of Game?

Better figure somethin' out soon. 
Adams v. Barr, 2018 VT 12

By Andrew Delaney

The lesson in this case is: “Don’t wait until the last minute.” I suppose, in life, that’s a universally applicable lesson. In this case, for Mr. and Mrs. Adams and their construction company, it’s an expensive lesson as well. And in the spirit of Super Bowl Sunday, we could say, “Don’t let the play clock run out before calling a time-out.”

Barr Law Group filed an arbitration demand against Adams Construction with the American Arbitration Association (the “other” AAA) “claiming that Adams Construction had failed to pay Barr Law Group more than $40,000 in fees for legal services.” Adams Construction filed an answer and counterclaim for $97K. There was discovery, conferences, scheduling, rulings, and yadda, yadda, yadda the case headed to hearing.

But one week before the scheduled three-day hearing, Adams Construction said something like, “Whoa. Hold up. We never should’ve agreed to this arbitration thing. It’s unfair and Barr tricked us into it. We object.” Adams Construction filed an objection to the arbitration and moved to dismiss it. Adams argued, for the first time, that the arbitration provision in the fee agreement was unenforceable. Adams Construction cited legal authority that arbitration provisions are supposed to be fully explained and disclosed. Adams Construction said Barr didn’t do any of that stuff. As to its delay in raising the issue, Adams Construction indicated that it had only recently learned of the legal basis for objection before raising it.