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8 Vermont opinions name it 2 courts 2000–2022 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 |
|---|---|---|
Searles v. Agency of Transportationgreen2 sentences2011See Searles v. Agency of Transp., 171 Vt. 562, 563-64 , 762 A.2d 812, 813-15 (2000) (mem.) (adopting Gaubert test). 2011See Searles v. Agency of Transp., 171 Vt. 562, 563-64 , 762 A.2d 812, 813-15 (2000) (mem.) (adopting Gaubert test). | 4 | 4 |
John R. Cope v. Roland G. Scott United States of Americagreen2 sentences2006While “[e]vidence of the actual decision may be helpful in understanding whether the ‘nature’ of the decision implicated policy judgments,” Cope, 45 F.3d at 449 (quoting Gaubert, 499 U.S. at 325 ), “the issue is not the decision as such, but whether the ‘nature’ of the decision implicates policy analysis,” id. (quoting Gaubert, 499 U.S. at 325 ). 2006While “[e]vidence of the actual decision may be helpful in understanding whether the ‘nature’ of the decision implicated policy judgments,” Cope, 45 F.3d at 449 (quoting Gaubert, 499 U.S. at 325 ), “the issue is not the decision as such, but whether the ‘nature’ of the decision implicates policy analysis,” id. (quoting Gaubert, 499 U.S. at 325 ). | 1 | 1 |
Shansky v. United Statesgreen2 sentences2006Cir. 1995); see also Shansky, 164 F.3d at 692 (considering plaintiff’s attempt to rebut the Gaubert presumption by emphasizing the actual decision-making process to be “beside the point”). 2006Cir. 1995); see also Shansky, 164 F.3d at 692 (considering plaintiff’s attempt to rebut the Gaubert presumption by emphasizing the actual decision-making process to be “beside the point”). | 1 | 1 |
Andrulonis v. United Statesgreen2 sentences2006See, e.g., Andrulonis, 952 F.2d at 655 (arguing that a broad reading of Gaubert “would effectively insulate virtually all actions by a government agent from liability, excepting only those where the agent had acted contrary to a clear regulation”); Cope, 45 F.3d at 448 (noting that application of the discretionary function exception “is admittedly difficult, since nearly every government action is, at least to some extent, subject to policy analysis”) (quotations omitted). 2006See, e.g., Andrulonis, 952 F.2d at 655 (arguing that a broad reading of Gaubert “would effectively insulate virtually all actions by a government agent from liability, excepting only those where the agent had acted contrary to a clear regulation”); Cope, 45 F.3d at 448 (noting that application of the discretionary function exception “is admittedly difficult, since nearly every government action is, at least to some extent, subject to policy analysis”) (quotations omitted). | 1 | 1 |
Miller v. United Statesgreen1 sentence2002See id. at 565 , 762 A.2d at 815 (“To reverse *227 Gaubert’s presumption and require the State to produce evidence that it made a conscious decision, based upon policy considerations, not to place a warning sign at every dirt road intersection in Vermont, would be unduly burdensome.”); see also Miller v. United States, 710 F.2d 656, 665-66 (10th Cir. 1983) (failure to warn of dangerous road conditions is not an actionable claim under the Federal Tort Claims Act). | 1 | 1 |
David Kiehn v. United Statesgreen2 sentences2000Gaubert, we will not assume that government agents, in undertaking actions of the type normally thought to involve policy choices, in a particular case acted arbitrarily or on whim, disregarding those essentia] policy questions.”); Kiehn v. United States, 984 F.2d 1100 , 1108 n.12 (10th Cir. 1993) (“Nothing in the record rebuts the presumption that under circumstances such as this, the government’s actions and decisions were grounded in policy.”); Alderman v. United States, 825 F. Supp. 742, 745 (W.D. 2000Gaubert, we will not assume that government agents, in undertaking actions of the type normally thought to involve policy choices, in a particular case acted arbitrarily or on whim, disregarding those essentia] policy questions.”); Kiehn v. United States, 984 F.2d 1100 , 1108 n.12 (10th Cir. 1993) (“Nothing in the record rebuts the presumption that under circumstances such as this, the government’s actions and decisions were grounded in policy.”); Alderman v. United States, 825 F. Supp. 742, 745 (W.D. | 1 | 1 |
Price A. Baum Margaret Leedy v. United States v. Michael A. Massey, Third Partygreen2 sentences2000Accordingly, plaintiffs’ averments fail the second part of the Gaubert test.”); Baum v. United States, 986 F.2d 716, 721 (4th Cir. 1993) (“Under . . . 2000Accordingly, plaintiffs’ averments fail the second part of the Gaubert test.”); Baum v. United States, 986 F.2d 716, 721 (4th Cir. 1993) (“Under . . . | 1 | 1 |
Alderman Ex Rel. Alderman v. United Statesgreen2 sentences2000Gaubert, we will not assume that government agents, in undertaking actions of the type normally thought to involve policy choices, in a particular case acted arbitrarily or on whim, disregarding those essentia] policy questions.”); Kiehn v. United States, 984 F.2d 1100 , 1108 n.12 (10th Cir. 1993) (“Nothing in the record rebuts the presumption that under circumstances such as this, the government’s actions and decisions were grounded in policy.”); Alderman v. United States, 825 F. Supp. 742, 745 (W.D. 2000Gaubert, we will not assume that government agents, in undertaking actions of the type normally thought to involve policy choices, in a particular case acted arbitrarily or on whim, disregarding those essentia] policy questions.”); Kiehn v. United States, 984 F.2d 1100 , 1108 n.12 (10th Cir. 1993) (“Nothing in the record rebuts the presumption that under circumstances such as this, the government’s actions and decisions were grounded in policy.”); Alderman v. United States, 825 F. Supp. 742, 745 (W.D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Gaubert
green
2 sentences2020Here, the first prong of the Gaubert test—that the challenged acts or omissions involved discretionary decisions—is not met. 499 U.S. at 325 . 2020Here, the first prong of the Gaubert test—that the challenged acts or omissions involved discretionary decisions—is not met. 499 U.S. at 325 . | 4 | 2005–2020 |
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.