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12 Vermont opinions name it 2 courts 1997–2025 1 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 |
|---|---|---|
Sabia v. Stategreen2 sentences2007Compare Sabia, 164 Vt. at 298, 669 A.2d at 1191 (stating that "Denis requires that we determine whether [a statutory duty of care] exists under the circumstances," and finding a duty to exist before reaching the private analog inquiry), with Noble v. Office of Child Support, 168 Vt. 349, 352 , 721 A.2d 121, 123 (1998) (finding no private analog without determining the existence of a duty) and Lafond v. Dep't of Soc. & Rehab. 2007Compare Sabia, 164 Vt. at 298 , 669 A.2d at 1191 (stating that “Denis requires that we determine whether [a statutory duty of care] exists under the circumstances,” and finding a duty to exist before reaching the private analog inquiry), with Noble v. Office of Child Support, 168 Vt. 349, 352 , 721 A.2d 121, 123 (1998) (finding no private analog without determining the existence of a duty) and Lafond v. Dep’t of Soc. & Rehab. | 4 | 4 |
Denis Bail Bonds, Inc. v. Stategreen2 sentences2019The VTCA's private-analog waiver, which is similar to that contained in the Federal Tort Claims Act (FTCA), 8 "is primarily directed at the 'ordinary common-law torts.' " Denis Bail Bonds, Inc. v. State , 159 Vt. 481 , 485, 622 A.2d 495 , 498 (1993). 2019The VTCA's private-analog waiver, which is similar to that contained in the Federal Tort Claims Act (FTCA), 8 "is primarily directed at the 'ordinary common-law torts.' " Denis Bail Bonds, Inc. v. State , 159 Vt. 481 , 485, 622 A.2d 495 , 498 (1993). | 3 | 4 |
Noble v. Office of Child Supportgreen2 sentences2007Compare Sabia, 164 Vt. at 298 , 669 A.2d at 1191 (stating that “Denis requires that we determine whether [a statutory duty of care] exists under the circumstances,” and finding a duty to exist before reaching the private analog inquiry), with Noble v. Office of Child Support, 168 Vt. 349, 352 , 721 A.2d 121, 123 (1998) (finding no private analog without determining the existence of a duty) and Lafond v. Dep’t of Soc. & Rehab. 2007Compare Sabia, 164 Vt. at 298 , 669 A.2d at 1191 (stating that “Denis requires that we determine whether [a statutory duty of care] exists under the circumstances,” and finding a duty to exist before reaching the private analog inquiry), with Noble v. Office of Child Support, 168 Vt. 349, 352 , 721 A.2d 121, 123 (1998) (finding no private analog without determining the existence of a duty) and Lafond v. Dep’t of Soc. & Rehab. | 3 | 3 |
Lafond v. DEPT. OF SOCIAL & REHAB. SERV.green2 sentences2007Servs., 167 Vt. 407, 409-10 , 708 A.2d 919, 920 (1998) (finding no private analog without determining the existence of a duty). 2007Servs., 167 Vt. 407, 409-10 , 708 A.2d 919, 920 (1998) (finding no private analog without determining the existence of a duty). | 2 | 2 |
Hillerby v. Town of Colchestergreen2 sentences2018In Hillerby , this Court considered "[w]hether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601." 167 Vt. at 272 , 706 A.2d at 446 . 2018In Hillerby , this Court considered "[w]hether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601." 167 Vt. at 272 , 706 A.2d at 446 . | 1 | 2 |
Harris v. Carbonneaugreen2 sentences2025However, as the Vermont Supreme Court has explained, “[i]nvasion of privacy is a substantial, intentional intrusion upon the solitude or seclusion of another, or upon his private affairs or concerns, which would be highly offensive to a reasonable person.” Harris v. Carbonneau, 165 Vt. 433, 439 , 685 A.2d 296, 300 (1996) (citations omitted). 2025However, as the Vermont Supreme Court has explained, “[i]nvasion of privacy is a substantial, intentional intrusion upon the solitude or seclusion of another, or upon his private affairs or concerns, which would be highly offensive to a reasonable person.” Harris v. Carbonneau, 165 Vt. 433, 439 , 685 A.2d 296, 300 (1996) (citations omitted). | 1 | 1 |
Sorge v. Stategreen1 sentence2005See Sabia, 164 Vt. at 298 (quoting Denis Bail Bonds, 159 Vt. at 487 ) (under a private analog analysis the “threshold issue is whether the plaintiff’s factual allegations satisfy the necessary elements of a cause of action against the State comparable to one that may be maintained against a private person’”); see also Sorge, 171 Vt. at 174 (quoting Fox v. Custis, 372 S.E.2d 373, 375 (Va. 1988)) (alterations in original) (“‘In a negligence case, neither the issues of proximate cause nor the [sovereign] immunity defenses become germane until it has been established that a defendant owes to a pla | 1 | 1 |
Fox v. Custisgreen1 sentence2005See Sabia, 164 Vt. at 298 (quoting Denis Bail Bonds, 159 Vt. at 487 ) (under a private analog analysis the “threshold issue is whether the plaintiff’s factual allegations satisfy the necessary elements of a cause of action against the State comparable to one that may be maintained against a private person’”); see also Sorge, 171 Vt. at 174 (quoting Fox v. Custis, 372 S.E.2d 373, 375 (Va. 1988)) (alterations in original) (“‘In a negligence case, neither the issues of proximate cause nor the [sovereign] immunity defenses become germane until it has been established that a defendant owes to a pla | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lafond v. Department of Social & Rehabilitation Services
green
2 sentences2007Servs., 167 Vt. 407, 409-10 , 708 A.2d 919, 920 (1998) (finding no private analog without determining the existence of a duty). 2007Servs., 167 Vt. 407, 409-10 , 708 A.2d 919, 920 (1998) (finding no private analog without determining the existence of a duty). | 2 | 2007–2007 |
Derosia v. Liberty Mutual Insurance
green
2 sentences1998In support of their argument that Restatement § 324A established a private analog for their claim against the State, the plaintiffs in Andrew relied on this Court’s decision in Derosia, 155 Vt. 178 , 583 A.2d 881 . 1998In support of their argument that Restatement § 324A established a private analog for their claim against the State, the plaintiffs in Andrew relied on this Court’s decision in Derosia, 155 Vt. 178 , 583 A.2d 881 . | 2 | 1998–1998 |
Brueckner v. Norwich University
green
1 sentence2005In Brueckner, the Court explained that “‘[a] person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless . . . in the supervision of the activity.’” Brueckner, 169 Vt. at 126 (quoting Restatement (Second) of Agency § 213). | 1 | 2005–2005 |
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.