damages claim (Vermont) · Go Syfert
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damages claim in Vermont

7 Vermont opinions name it 2 courts 1988–2020 0 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.

Followed or applied (5)

CaseFollowedCited
Brueckner v. Norwich Universitygreen
vt · 1999 · cited in 1 Vermont opinions naming this issue, 2009–2009
2 sentences

2009To demonstrate the malice necessary to establish liability for punitive damages, one must show “conduct manifesting personal ill will or carried out under circumstances evidencing insult or oppression, or even by conduct showing a reckless or wanton disregard of one’s rights.” Brueckner, 169 Vt. at 129 , 730 A.2d at 1095 (internal quotes omitted).

2009To demonstrate the malice necessary to establish liability for punitive damages, one must show “conduct manifesting personal ill will or carried out under circumstances evidencing insult or oppression, or even by conduct showing a reckless or wanton disregard of one’s rights.” Brueckner, 169 Vt. at 129 , 730 A.2d at 1095 (internal quotes omitted).

11
King v. Alaska State Housing Authoritygreen
alaska · 1981 · cited in 1 Vermont opinions naming this issue, 1995–1995
1 sentence

1995For example, a damages claim by a low bidder for a public construction, alleging a denial of due process in the rejection of the bid, was dismissed because of the availability of a contract remedy and the fear of “endless lawsuits by disappointed bidders.” King v. Alaska State Housing Authority, 633 P.2d 256, 260-61 (Alaska 1981).

11
Provens v. Stark County Board of Mental Retardation & Developmental Disabilitiesgreen
ohio · 1992 · cited in 1 Vermont opinions naming this issue, 1995–1995
2 sentences

1995In Provens v. Stark County Bd. of Mental Retardation, 594 N.E.2d 959, 965-66 (Ohio 1992), the Ohio Supreme Court dismissed a damages claim based on the Ohio Constitution by a public employee that her employer had discriminated against her in retaliation for her public criticism of the agency’s operations.

1995In Provens v. Stark County Bd. of Mental Retardation, 594 N.E.2d 959, 965-66 (Ohio 1992), the Ohio Supreme Court dismissed a damages claim based on the Ohio Constitution by a public employee that her employer had discriminated against her in retaliation for her public criticism of the agency’s operations.

11
Gregory BACKUS, Appellant, v. BAPTIST MEDICAL CENTER, Appelleegreen
ca8 · 1982 · cited in 1 Vermont opinions naming this issue, 1991–1991
1 sentence

1991Cir. 1986) (plaintiff’s claim moot where she voluntarily resigned from military service even though she stated that she could be interested in resuming an Army career if the procedures being complained of were changed); Backus v. Baptist Medical Center, 671 F.2d 1100, 1102-03 (8th Cir. 1982) (plaintiff’s challenge to hospital’s job assignment policies rendered moot by his voluntary resignation and his failure to seek reinstatement, pursue a damages claim, or institute class action relief).

11
Warth v. Seldinred
scotus · 1975 · cited in 1 Vermont opinions naming this issue, 1988–1988
1 sentence

1988See Warth, 422 U.S. at 499 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Ferris-Prabhu v. Dave & Son, Inc. green
vt · 1983
1 sentence

2020Id.

12020–2020
Cold Springs Farm Development, Inc. v. Ball green
vt · 1995
1 sentence

2016Id. at 472–73.

12016–2016
Will v. Michigan Department of State Police green
scotus · 1989
1 sentence

2014Will v. Michigan Dep’t of State Police, 491 U.S. 58 , 70–71 (1989).

12014–2014

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

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.

Where else courts name it

OH 74 (1993–2026) TX 70 (1983–2026) IL 64 (1896–2025) CA 63 (1960–2026) GA 35 (1964–2025) NY 35 (1868–2026) FL 30 (1908–2026) IN 29 (1919–2025) SC 27 (1988–2026) WA 26 (1977–2026) ME 25 (1954–2024) CO 24 (1974–2026) MO 24 (1880–2025) PA 20 (1930–2025) NJ 19 (1978–2024) AZ 17 (1981–2023) KY 15 (2010–2026) LA 15 (1876–2021) MN 14 (1958–2015) UT 14 (1994–2026) MA 14 (1983–2023) DE 14 (2016–2026) MI 14 (1908–2025) WI 14 (1990–2021) AL 14 (1978–2025) IA 12 (1922–2025) AR 12 (1985–2020) CT 12 (1898–2026) NM 11 (1938–2025) NC 11 (1977–2019) OR 11 (1982–2022) MS 11 (2000–2022) MD 10 (2005–2020) SD 10 (1977–2026) KS 8 (1981–2024) RI 8 (1909–2011) VA 8 (1992–2022) WY 7 (1995–2025) VT 7 (1988–2020) AK 6 (1991–2023) DC 5 (1985–2023) NH 5 (1980–2023) OK 5 (2005–2019) ND 4 (1981–2023) NV 4 (2005–2024) TN 4 (1977–2025) MT 4 (1985–2026) WV 3 (1977–1998) ID 3 (1955–2015) HI 2 (2007–2020)

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.

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