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14 Vermont opinions name it 1 courts 1980–2026 2 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 |
|---|---|---|
Butz v. Economougreen2 sentences2019See Butz v. Economou , 438 U.S. 478 , 507, 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). 2019See Butz v. Economou , 438 U.S. 478 , 507, 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). | 2 | 2 |
State Treasurer v. Crossgreen1 sentence2026Given plaintiffs’ complaint did not present a sufficient basis to allow this Court to evaluate whether statewide school-funding mechanisms make the local-voting provisions of Title 16 an unconstitutional delegation of authority, it does not satisfy the rigorous standard necessary 18 for us to “declare null an[] act of the Legislature.” Park, 50 Vt. at 191 ; see State v. Curley-Egan, 2006 VT 95, ¶ 27 , 180 Vt. 305 , 910 A.2d 200 (“[W]e presume a statute is constitutional absent clear and irrefragable evidence to the contrary.” (quotation omitted)); State Treasurer v. Cross, 9 Vt. 289, 293 (1837 | 1 | 1 |
State v. Curley-Egangreen2 sentences2026Given plaintiffs’ complaint did not present a sufficient basis to allow this Court to evaluate whether statewide school-funding mechanisms make the local-voting provisions of Title 16 an unconstitutional delegation of authority, it does not satisfy the rigorous standard necessary 18 for us to “declare null an[] act of the Legislature.” Park, 50 Vt. at 191 ; see State v. Curley-Egan, 2006 VT 95, ¶ 27 , 180 Vt. 305 , 910 A.2d 200 (“[W]e presume a statute is constitutional absent clear and irrefragable evidence to the contrary.” (quotation omitted)); State Treasurer v. Cross, 9 Vt. 289, 293 (1837 2026Given plaintiffs’ complaint did not present a sufficient basis to allow this Court to evaluate whether statewide school-funding mechanisms make the local-voting provisions of Title 16 an unconstitutional delegation of authority, it does not satisfy the rigorous standard necessary 18 for us to “declare null an[] act of the Legislature.” Park, 50 Vt. at 191 ; see State v. Curley-Egan, 2006 VT 95, ¶ 27 , 180 Vt. 305 , 910 A.2d 200 (“[W]e presume a statute is constitutional absent clear and irrefragable evidence to the contrary.” (quotation omitted)); State Treasurer v. Cross, 9 Vt. 289, 293 (1837 | 1 | 1 |
State v. Duffgreen2 sentences2020See Duff, 150 Vt. at 336 , 554 A.2d at 218 (reasoning that defendant seeking acquittal will benefit from more rigorous instruction). 2020See Duff, 150 Vt. at 336 , 554 A.2d at 218 (reasoning that defendant seeking acquittal will benefit from more rigorous instruction). | 1 | 1 |
State v. Lamar Scalesgreen2 sentences2020See State v. Scales, 2017 VT 6, ¶ 8 , 204 Vt. 137 , 164 A.3d 652 . 2020See State v. Scales, 2017 VT 6, ¶ 8 , 204 Vt. 137 , 164 A.3d 652 . | 1 | 1 |
Vance v. Bradleygreen2 sentences2010See Vance, 440 U.S. at 111 , 99 S.Ct. 939 (framing question under rational-basis standard as whether legislative facts justifying classification could "reasonably be conceived to be true by the governmental decisionmaker"). [10] That is the majority's error here. *486 B. ¶ 55. 2010See Vance, 440 U.S. at 111 (framing question under rational-basis standard as whether legislative facts justify ing classification could “reasonably be conceived to be true by the governmental decisionmaker”). 10 That is the majority’s error here. | 1 | 1 |
cluster 776519green1 sentence2009In a later case in which it upheld class certification, the Second Circuit acknowledged that a trial court must conduct a rigorous analysis of whether the Rule 23 criteria are met, but cautioned that the trial court “may not weigh conflicting expert evidence or engage in ‘statistical dueling’ of experts.” In re Visa Check/MasterMoney Antitrust Litig., 280 F.3d 124, 135 (2d Cir. 2001). | 1 | 1 |
United States v. Dimittgreen1 sentence2009According to the Visa court, “[t]he question for the district court at the class certification stage is whether plaintiffs’ expert evidence is sufficient to demonstrate common questions of fact warranting certification of the proposed class, not whether the evidence will ultimately be persuasive.” Id.; see also Domestic Air Transp., 137 F.R.D. at 693 (noting that plaintiffs’ burden is to present “a likely method for determining class damages,” not to prove that the method “will work with certainty at this time”). ¶ 14. | 1 | 1 |
McGowan v. Marylandgreen2 sentences1980Albans, Inc., 128 Vt. 539 , 268 A.2d 739 (1970); McGowan v. Maryland, 366 U.S. 420, 425-28 , 81 S.Ct. 1101, 1104-1106 , 6 L.Ed.2d 393 (1961), we concur in the majority's subtle holding that our state constitution imposes a more rigorous test, which this act cannot meet. 1980Albans, Inc., 128 Vt. 539 , 268 A.2d 739 (1970); McGowan v. Maryland, 366 U.S. 420, 425-28 , 81 S.Ct. 1101, 1104-1106 , 6 L.Ed.2d 393 (1961), we concur in the majority's subtle holding that our state constitution imposes a more rigorous test, which this act cannot meet. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Island Industrial, LLC v. Town of Grand Isle
green
1 sentence2022This is a rigorous standard and accordingly, motions for judgment on the pleadings “are disfavored and should rarely be granted.” Id. (quotation omitted). ¶ 40. | 1 | 2022–2022 |
King v. Gorczyk
green
2 sentences2011See 28 V.S.A. § 102(b)(2), (c)(3), (c)(4), (c)(8); King v. Gorczyk, 2003 VT 34, ¶ 7 , 175 Vt. 220 (stating that, in reviewing administrative action by DOC under Rule 75, “we will not interfere with DOC’s determinations absent a showing that the DOC clearly and arbitrarily abused its authority”). 2011See 28 V.S.A. § 102(b)(2), (c)(3), (c)(4), (c)(8); King v. Gorczyk, 2003 VT 34, ¶ 7 , 175 Vt. 220 (stating that, in reviewing administrative action by DOC under Rule 75, “we will not interfere with DOC’s determinations absent a showing that the DOC clearly and arbitrarily abused its authority”). | 1 | 2011–2011 |
State v. Emery
green
2 sentences1998Contrary to the claims of the dissent, our decision in State v. Emery, 156 Vt. 364 , 593 A.2d 77 (1991), did not announce a standard of review for an evidentiary error in a probation-revocation case, but instead concluded that “[w]e need not decide whether error occurred.” Id. at 371 , 593 A.2d at 81 . 1998Contrary to the claims of the dissent, our decision in State v. Emery, 156 Vt. 364 , 593 A.2d 77 (1991), did not announce a standard of review for an evidentiary error in a probation-revocation case, but instead concluded that “[w]e need not decide whether error occurred.” Id. at 371 , 593 A.2d at 81 . | 1 | 1998–1998 |
United States v. Andrew Tsanas
green
1 sentence1992Tsanas allowed the defendant to choose the one he preferred because “[i]t is his liberty that is at stake, and the worst that can happen to the Government under the less rigorous instruction is his readier conviction for a lesser rather than a greater crime.” Id. | 1 | 1992–1992 |
Knehans v. Alexander
green
1 sentence1988Id. | 1 | 1988–1988 |
State v. Ward
green
1 sentence1982Indeed, in State v. Ward, 61 Vt. 153, 189 , 17 A. 483 , 489 (1888), the trial judge was affirmed for pointing out to the jury that many great jurists have pronounced circumstantial evidence “ ‘of a nature equally satisfactory with positive evidence and less liable to proceed from perjury.’ ” Undoubtedly the logical requirement of circumstantial evidence that an inferential step must be taken from the *26 evidence to the fact sought to be proved provided the assumed need for direction to the jury. | 1 | 1982–1982 |
State v. Giant of St. Albans, Inc.
green
2 sentences1980Albans, Inc., 128 Vt. 539 , 268 A.2d 739 (1970); McGowan v. Maryland, 366 U.S. 420, 425-28 , 81 S.Ct. 1101, 1104-1106 , 6 L.Ed.2d 393 (1961), we concur in the majority's subtle holding that our state constitution imposes a more rigorous test, which this act cannot meet. 1980Albans, Inc., 128 Vt. 539 , 268 A.2d 739 (1970); McGowan v. Maryland, 366 U.S. 420, 425-28 , 81 S.Ct. 1101, 1104-1106 , 6 L.Ed.2d 393 (1961), we concur in the majority's subtle holding that our state constitution imposes a more rigorous test, which this act cannot meet. | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.