15 Vermont opinions name it 2 courts 1940–2024 3 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 |
|---|---|---|
In Re MMgreen2 sentences1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 (1990). 1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 , 110 S.Ct. 1532 , 108 L.Ed.2d 771 (1990). | 2 | 2 |
In Re JRgreen1 sentence2024We apply a statute based on its purpose, instead of its plain text, only when necessary to avoid “results that are irrational.” State v. Graves, 170 Vt. 646, 648 , 757 A.2d 462, 464 (2000) (mem.); see In re J.R., 153 Vt. 85, 97 , 570 A.2d 154, 160 (1989) (observing that we will give statutes reasonable construction to avoid leading to irrational consequences). | 1 | 1 |
State v. Gravesgreen2 sentences2024We apply a statute based on its purpose, instead of its plain text, only when necessary to avoid “results that are irrational.” State v. Graves, 170 Vt. 646, 648 , 757 A.2d 462, 464 (2000) (mem.); see In re J.R., 153 Vt. 85, 97 , 570 A.2d 154, 160 (1989) (observing that we will give statutes reasonable construction to avoid leading to irrational consequences). 2024We apply a statute based on its purpose, instead of its plain text, only when necessary to avoid “results that are irrational.” State v. Graves, 170 Vt. 646, 648 , 757 A.2d 462, 464 (2000) (mem.); see In re J.R., 153 Vt. 85, 97 , 570 A.2d 154, 160 (1989) (observing that we will give statutes reasonable construction to avoid leading to irrational consequences). | 1 | 1 |
In re J.R.green1 sentence2024We apply a statute based on its purpose, instead of its plain text, only when necessary to avoid “results that are irrational.” State v. Graves, 170 Vt. 646, 648 , 757 A.2d 462, 464 (2000) (mem.); see In re J.R., 153 Vt. 85, 97 , 570 A.2d 154, 160 (1989) (observing that we will give statutes reasonable construction to avoid leading to irrational consequences). | 1 | 1 |
Sarazin v. Vermont Board of Bar Examinersgreen2 sentences2024She cites Sarazin v. Board of Bar Examiners, 161 Vt. 364, 365 , 639 A.2d 71, 71 (1994), to argue that reading an implied waiver provision into the rule is appropriate here. 2024She cites Sarazin v. Board of Bar Examiners, 161 Vt. 364, 365 , 639 A.2d 71, 71 (1994), to argue that reading an implied waiver provision into the rule is appropriate here. | 1 | 1 |
Okemo Mountain, Inc. v. Town of Ludlowgreen2 sentences2020Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 207 , 762 A.2d 1219, 1224 (2000). ¶ 17. 2020Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 207 , 762 A.2d 1219, 1224 (2000). ¶ 17. | 1 | 1 |
Tristani Ex Rel. Karnes v. Richmangreen1 sentence2012Thus, the Court assumed without deciding that the reimbursement provision is an exception to the general prohibition in the anti-lien provision, which allows states only to “encumbeif] proceeds designated as payments for medical care.” Id.; see also Richman, 652 F.3d at 363 n.3 (characterizing Ahlbom as assuming without deciding that “liens limited to medical costs are an implied exception to the federal law prohibiting liens on the property of Medicaid beneficiaries”). 4 Doe also contends that an amalgam of the Court of Claims’ ordered payments, including discounted figures, eclipses the $42 | 1 | 1 |
American Home Products Corporation, a Delaware Corporation v. Federal Trade Commissiongreen1 sentence2010See, e.g., In re American Home Products Corp., 98 F.T.C. 136 , 138 (1981), aff’d, 695 F.2d 681 (3rd Cir. 1982). | 1 | 1 |
West River Power Co. v. Bussinogreen2 sentences2006To succeed on an implied waiver theory, plaintiff must show “some act or conduct on the part of defendantQ that was unequivocal in character.” West River Power Co. v. Bussino, 111 Vt. 137, 139 , 11 A.2d 263, 264 (1940). 2006To succeed on an implied waiver theory, plaintiff must show “some act or conduct on the part of defendantQ that was unequivocal in character.” West River Power Co. v. Bussino, 111 Vt. 137, 139 , 11 A.2d 263, 264 (1940). | 1 | 1 |
Shields v. Gerhartgreen2 sentences2002See Shields v. Gerhart, 163 Vt. 219, 231 , 658 A.2d 924, 933 (1995). (private damage remedy for breach of statute generally not available where legislature has created an alternative); Restatement (Second) of Torts § 874A(1979) (court can create private remedyfor breach of statute in appropriate cases if “needed to assure the effectiveness of the [statutory] provision”); State Employees’ Ass’n v. Belknap County, 448 A.2d 969, 972-73 (N.H. 1982) (waiver of sovereign opportunity implied because legislature gave employees vested right to pension and must provide an “appropriate remedy” to enforce 2002See Shields v. Gerhart, 163 Vt. 219, 231 , 658 A.2d 924, 933 (1995). (private damage remedy for breach of statute generally not available where legislature has created an alternative); Restatement (Second) of Torts § 874A(1979) (court can create private remedyfor breach of statute in appropriate cases if “needed to assure the effectiveness of the [statutory] provision”); State Employees’ Ass’n v. Belknap County, 448 A.2d 969, 972-73 (N.H. 1982) (waiver of sovereign opportunity implied because legislature gave employees vested right to pension and must provide an “appropriate remedy” to enforce | 1 | 1 |
LaShay v. DEPT. OF SOCIAL & REHAB. SERV.green1 sentence2002We are not decidingthat we will accept the doctrine of implied waiver of sovereign immunity in view of our decisions that sovereign immunity must be “expressly waived by statute.” LaShay, 160 Vt. at 67 , 625 A.2d at 228. | 1 | 1 |
State Employees' Ass'n of New Hampshire, Inc. v. Belknap Countygreen1 sentence2002See Shields v. Gerhart, 163 Vt. 219, 231 , 658 A.2d 924, 933 (1995). (private damage remedy for breach of statute generally not available where legislature has created an alternative); Restatement (Second) of Torts § 874A(1979) (court can create private remedyfor breach of statute in appropriate cases if “needed to assure the effectiveness of the [statutory] provision”); State Employees’ Ass’n v. Belknap County, 448 A.2d 969, 972-73 (N.H. 1982) (waiver of sovereign opportunity implied because legislature gave employees vested right to pension and must provide an “appropriate remedy” to enforce | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Anderson v. Worden
neutral
2 sentences1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 (1990). 1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 , 110 S.Ct. 1532 , 108 L.Ed.2d 771 (1990). | 2 | 1994–1994 |
In re M.M.
green
2 sentences1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 (1990). 1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 , 110 S.Ct. 1532 , 108 L.Ed.2d 771 (1990). | 2 | 1994–1994 |
Waterbury Feed Company, LLC v. O'Neil
green
2 sentences2024As our Court has observed, however, “[t]here can be no implied waiver without detrimental reliance.” Waterbury Feed Co., LLC v. O'Neil, 2006 VT 126 , ¶ 12, 181 Vt. 535 (mem.). 2024As our Court has observed, however, “[t]here can be no implied waiver without detrimental reliance.” Waterbury Feed Co., LLC v. O'Neil, 2006 VT 126 , ¶ 12, 181 Vt. 535 (mem.). | 1 | 2024–2024 |
Marvell v. Nichelson
neutral
1 sentence2007As to plaintiff’s tort claim “based on a violation of the statutory mandate alone,” id., we held that an implied waiver of sovereign immunity was appropriate only when strictly necessary to provide a remedy, and that plaintiff had “alternative remedies which she did not pursue.” Id. at 415 , 816 A.2d at 527 . | 1 | 2007–2007 |
Anderson v. Cooperative Insurance Companies
green
1 sentence2006Id. ¶ 11, 895 A.2d 155 . ¶ 10. | 1 | 2006–2006 |
Hilder v. St. Peter
green
2 sentences2005In Hilder , we concluded that changes in the historical relationship between landlords and tenants necessitated the adoption of an implied requirement, in every residential rental agreement, that the landlord maintain premises that are at all times safe, clean, and fit for human habitation. 144 Vt. at 159 , 478 A.2d at 208 . 2005In Hilder , we concluded that changes in the historical relationship between landlords and tenants necessitated the adoption of an implied requirement, in every residential rental agreement, that the landlord maintain premises that are at all times safe, clean, and fit for human habitation. 144 Vt. at 159 , 478 A.2d at 208 . | 1 | 2005–2005 |
LaShay v. Department of Social & Rehabilitation Services
green
1 sentence2002We are not decidingthat we will accept the doctrine of implied waiver of sovereign immunity in view of our decisions that sovereign immunity must be “expressly waived by statute.” LaShay, 160 Vt. at 67 , 625 A.2d at 228. | 1 | 2002–2002 |
Magoon v. Young
green
1 sentence1994Release of Records Father argues first that the court erred in ordering release of his therapy and medical records, contending that the court erroneously relied on the implied waiver of physician-patient privilege set forth in In re M.M., 153 Vt. 102, 105 , 569 A.2d 463, 465 (1989), cert. denied, 494 U.S. 1059 , 110 S.Ct. 1532 , 108 L.Ed.2d 771 (1990). | 1 | 1994–1994 |
North Carolina v. Butler
red
1 sentence1987On the other hand, a waiver by a minor, facing a first arrest and with below normal intelligence, might not be “knowing and intelligent.” The second reason for reversal is that the trial court failed to address fully the State’s position that an implied waiver occurred here under North Carolina v. Butler, supra. While the trial court noted that an implied waiver could be “inferred from the actions and words of the person interrogated,” it held that this “is not such a case” without explanation. | 1 | 1987–1987 |
Barber v. Vinton
neutral
2 sentences1940Barber v. Vinton et al., 82 Vt. 327, 334 , 73 Atl. 881 ; Rogers v. Whitney, 91 Vt. 79, 81 , 99 Atl. 419 . 1940Barber v. Vinton et al., 82 Vt. 327, 334 , 73 Atl. 881 ; Rogers v. Whitney, 91 Vt. 79, 81 , 99 Atl. 419 . | 1 | 1940–1940 |
Rogers v. Whitney
neutral
2 sentences1940Barber v. Vinton et al., 82 Vt. 327, 334 , 73 Atl. 881 ; Rogers v. Whitney, 91 Vt. 79, 81 , 99 Atl. 419 . 1940Barber v. Vinton et al., 82 Vt. 327, 334 , 73 Atl. 881 ; Rogers v. Whitney, 91 Vt. 79, 81 , 99 Atl. 419 . | 1 | 1940–1940 |
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.