29 Vermont opinions name it 2 courts 2019–2026 28 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Darryl R. Montague v. Hundred Acre Homestead, LLCgreen2 sentences2026“Nonetheless, where the plaintiff does not allege a legally cognizable claim, dismissal is appropriate.” Montague, 2019 VT 16, ¶ 11 . 2026As a result, only “where the plaintiff does not allege a legally cognizable claim, [is] dismissal . . . appropriate.” Montague, 2019 VT 16, ¶ 11 . | 8 | 27 |
Levinsky v. Diamondgreen2 sentences2026“The court’s attention . . . is to be directed toward determining whether the bare allegations of the complaint constitute a statement of a claim under V.R.C.P. 8(a).” Levinsky v. Diamond, 140 Vt. 595, 600 (1982). 2026“The court’s attention . . . is to be directed toward determining whether the bare allegations of the complaint constitute a statement of a claim under V.R.C.P. 8(a).” Levinsky v. Diamond, 140 Vt. 595, 600 (1982). | 7 | 7 |
Colby v. Umbrella, Inc.green2 sentences2022Therefore, we need not accept as true conclusory statements with no factual basis or those “masquerading as factual conclusions.” Colby, 2008 VT 20, ¶ 10 (quotation omitted); see also Bock, 2008 VT 81, ¶ 15 (Skoglund, J., dissenting) (explaining that this Court should refuse to accept “bald assertions, [and] unsupportable conclusions” (quotation omitted)). ¶ 54. 2019Colby v. Umbrella, Inc. , 2008 VT 20 , ¶ 13, 184 Vt. 1 , 955 A.2d 1082 (holding "our rules of civil procedure ... strike a fair balance, at the early stages of litigation, between encouraging valid, but as yet underdeveloped, causes of action and discouraging baseless or legally insufficient ones"). ¶ 12. | 1 | 2 |
Powers v. Office of Child Supportgreen2 sentences2026Discussion “The purpose of a motion to dismiss is to test the law of the claim, not the facts which support it.” Powers v. Office of Child Support, 173 Vt. 390, 395 , 795 A.2d 1259, 1263 (2002) (citation omitted). “[W]here the plaintiff does not allege a legally cognizable claim, dismissal is appropriate.” Montague, 2019 VT 16, ¶ 11 (citation omitted). 2026Discussion “The purpose of a motion to dismiss is to test the law of the claim, not the facts which support it.” Powers v. Office of Child Support, 173 Vt. 390, 395 , 795 A.2d 1259, 1263 (2002) (citation omitted). “[W]here the plaintiff does not allege a legally cognizable claim, dismissal is appropriate.” Montague, 2019 VT 16, ¶ 11 (citation omitted). | 1 | 1 |
Zachary Rose v. Michael Touchette, Commissioner, Department of Correctionsgreen1 sentence2025As our Supreme Court has held, “where the plaintiff does not allege a legally cognizable claim, dismissal is appropriate.” Montague, 2019 VT 16, ¶ 11 (citation omitted). 2 “Rule 75 provides for review of ‘action or failure or refusal to act by an agency of the state or a political subdivision thereof, including any department, board, commission, or officer, that is not reviewable or appealable under Rule 74.’” Rose v. Touchette, 2021 VT 77, ¶ 13 (quoting V.R.C.P. 75(a)). | 1 | 1 |
Bock v. Goldgreen1 sentence2022Therefore, we need not accept as true conclusory statements with no factual basis or those “masquerading as factual conclusions.” Colby, 2008 VT 20, ¶ 10 (quotation omitted); see also Bock, 2008 VT 81, ¶ 15 (Skoglund, J., dissenting) (explaining that this Court should refuse to accept “bald assertions, [and] unsupportable conclusions” (quotation omitted)). ¶ 54. | 1 | 1 |
Island Industrial, LLC v. Town of Grand Islegreen1 sentence2022“While the legal theory of a case should be explored in the light of facts as developed by the evidence, where the plaintiff does not allege a legally cognizable claim, judgment on the pleadings is appropriate.” Island Indus., LLC, 2021 VT 49, ¶ 25 (quotation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
O'BRIEN BROTHERS'P'SHIP, LLP v. Plociennik
green
2 sentences2026A. Contract Terms “If the terms of the contract are plain and unambiguous, they will be given effect and enforced in accordance with their language.” O’Brien Bros.’ P’ship, LLP v. Plociennik, 2007 VT 105 , ¶ 9, 182 Vt. 409 (quotation omitted). 2026A. Contract Terms “If the terms of the contract are plain and unambiguous, they will be given effect and enforced in accordance with their language.” O’Brien Bros.’ P’ship, LLP v. Plociennik, 2007 VT 105 , ¶ 9, 182 Vt. 409 (quotation omitted). | 1 | 2026–2026 |
Muzzy v. State
green
1 sentence2026“The court’s attention . . . is to be directed toward determining whether the bare allegations of the complaint constitute a statement of a claim under V.R.C.P. 8(a).” Levinsky v. Diamond, 140 Vt. 595, 600 (1982), overruled on other grounds by Muzzy v. State, 155 Vt. 279 (1990). | 1 | 2026–2026 |
Kirk Wool v. Lisa Menard, Commissioner, Vermont Department of Corrections
green
1 sentence2025As relevant here, Rule 75 authorizes relief in the nature of a writ of mandamus to “command . . . an official, agency, or lower tribunal to perform a simple and definite ministerial duty imposed by law.” Wool v. Menard, 2018 VT 23, ¶ 11 , 207 Vt. 25 2 The standard for dismissal for lack of subject-matter jurisdiction under Rule 12(b)(1) is essentially the same. | 1 | 2025–2025 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.