8 Vermont opinions name it 2 courts 2003–2026 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 |
|---|---|---|
Preston v. Chabotgreen1 sentence2020See id. (observing burden of establishing laches falls to the party asserting it). ¶ 14. | 1 | 1 |
Gallipo v. City of Rutlandgreen2 sentences2010See Gallipo v. City of Rutland, 163 Vt. 83, 86 , 656 A.2d 635, 638 (1994) (“Summary judgment [is appropriate] if, after an adequate time for discovery, a party fails to make a showing sufficient to establish an essential element of the case on which the party will bear the burden of proof at trial.”). ¶28. 2010See Gallipo v. City of Rutland, 163 Vt. 83, 86 , 656 A.2d 635, 638 (1994) (“Summary judgment [is appropriate] if, after an adequate time for discovery, a party fails to make a showing sufficient to establish an essential element of the case on which the party will bear the burden of proof at trial.”). ¶28. | 1 | 1 |
Harding v. Town of Townsendgreen1 sentence2008As we observed in Harding v. Town of Townshend, 43 Vt. 536, 539 (1871): “as between the insurer and the wrong-doer, .... [t]he party whose wrongful act or culpable negligence caused the injury ought to make compensation and bear the loss.” Thus, as courts and commentators have observed, one of the essential elements of the rule has always been its punitive nature. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chimel v. California
red
2 sentences2007Although its scope has varied over time, the essential elements of the doctrine were settled by the United States Supreme Court in the landmark case of Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969). 2007Although its scope has varied over time, the essential elements of the doctrine were settled by the United States Supreme Court in the landmark case of Chimel v. California, 395 U.S. 752 (1969). | 2 | 2007–2007 |
Gary Margolis v. Daily Direct LLC
green
1 sentence2026Reg’ Ctr., 2019 VT 71A, Jf 59-60, 212 Vt. 612 ; (2) plaintiff's performance or a showing of a willingness and ability to perform the plaintiff's contractual obligations, see Margolis v. Daily Direct, LLC, 2023 VT 20 , 7 8, 218 Vt. 31 ; (3) breach by the defendant, see Beldock v. VWSD, LLC, 2023 VT 35 , {| 23-27, 218 Vt. 144 ; and (4) damages as a result of defendant’s breach, see Smith v. Country Vill. | 1 | 2026–2026 |
Gregg Beldock v. VWSD, LLC
green
1 sentence2026Reg’ Ctr., 2019 VT 71A, Jf 59-60, 212 Vt. 612 ; (2) plaintiff's performance or a showing of a willingness and ability to perform the plaintiff's contractual obligations, see Margolis v. Daily Direct, LLC, 2023 VT 20 , 7 8, 218 Vt. 31 ; (3) breach by the defendant, see Beldock v. VWSD, LLC, 2023 VT 35 , {| 23-27, 218 Vt. 144 ; and (4) damages as a result of defendant’s breach, see Smith v. Country Vill. | 1 | 2026–2026 |
United States v. Armstrong
green
1 sentence2006The United States Supreme Court held that a defendant must provide “‘some evidence tending to show the existence of the essential elements of the defense,’ discriminatory effect and discriminatory intent.” 3 Armstrong, 517 U.S. at 468 (quoting Berrios, 501 F.2d at 1211 ). | 1 | 2006–2006 |
United States v. Pablo Berrios
green
1 sentence2006The United States Supreme Court held that a defendant must provide “‘some evidence tending to show the existence of the essential elements of the defense,’ discriminatory effect and discriminatory intent.” 3 Armstrong, 517 U.S. at 468 (quoting Berrios, 501 F.2d at 1211 ). | 1 | 2006–2006 |
Tokarski v. Gates
green
1 sentence2003Tokarski, 138 Vt. at 222 . | 1 | 2003–2003 |
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.