ease bar (Vermont) · Go Syfert
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ease bar in Vermont

7 Vermont opinions name it 1 courts 1914–2015 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 (3)

CaseFollowedCited
cluster 745349green
ca6 · 1997 · cited in 1 Vermont opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., In re Sofamor Danek Grp., Inc., 123 F.3d 394 , 403-04 (6th Cir. 1997) (holding that plaintiffs did not allege actual reliance on defendants’ misrepresentations — and thus could not rely on § 552 of the Second Restatement — where plaintiffs proffered only “fraud-on-the-market” theory, alleging that defendants’ negligent misrepresentations affected market prices, which induced plaintiffs to enter into certain transactions); Goldman Servs.

11
In Re PSgreen
vt · 1997 · cited in 1 Vermont opinions naming this issue, 2002–2002
1 sentence

2002In re P.S., 167 Vt. 63, 67 , 702 A.2d 98, 100 (1997).

11
Barrows v. Dugan's Estategreen
vt · 1915 · cited in 1 Vermont opinions naming this issue, 1919–1919
1 sentence

1919See Barrows v. Dugan’s Est., 88 Vt. 441, 444 , 92 Atl. 927 .

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 (7)

CaseCitedYears
Medtronic, Inc. v. Lohr green
scotus · 1996
1 sentence

2008The claim that was preempted in Buckman was for “fraud on the FDA,” not failure to warn; the Court held that the presumption against preemption applies only when a claim implicates ‘“the historic primacy of state regulation of health and safety,’ ” which is not the ease when the claim arises from a federal statute. 531 U.S. at 347 -48 (quoting Medtronic, 518 U.S. at 485 ).

12008–2008
Buckman Co. v. Plaintiffs' Legal Committee green
scotus · 2001
1 sentence

2008The claim that was preempted in Buckman was for “fraud on the FDA,” not failure to warn; the Court held that the presumption against preemption applies only when a claim implicates ‘“the historic primacy of state regulation of health and safety,’ ” which is not the ease when the claim arises from a federal statute. 531 U.S. at 347 -48 (quoting Medtronic, 518 U.S. at 485 ).

12008–2008
In re P.S. green
vt · 1997
1 sentence

2002In re P.S., 167 Vt. 63, 67 , 702 A.2d 98, 100 (1997).

12002–2002
Matteson v. Lagace neutral
ri · 1914
1 sentence

1924I. 223, 89 Atl. 713 , the same question was before the court for consideration as is now under discussion in the ease at bar.

11924–1924
Beaulieu v. Great Northern Railway Co. green
minn · 1907
2 sentences

1919Co., 103 Minn. 47 , 114 N. W. 353 , 19 L.

1919Co., 103 Minn. 47 , 114 N. W. 353 , 19 L.

11919–1919
E. E. Rice & Co. v. Kennedy neutral
vt · 1904
2 sentences

1919Co., supra. In the former ease when the exception was sustained the judgment was usually reversed and the cause remanded, as in the French case; but under ■our present practice, when it is clearly apparent that the result on a second trial must be the same as on the first, following the holding in Rice & Co. v. Kennedy, 76 Vt. 380 , 57 Atl. 971 , we render such judgment as the trial court should have rendered, thereby saving to the parties the needless trouble and ■expense of a second trial.

1919Co., supra. In the former ease when the exception was sustained the judgment was usually reversed and the cause remanded, as in the French case; but under ■our present practice, when it is clearly apparent that the result on a second trial must be the same as on the first, following the holding in Rice & Co. v. Kennedy, 76 Vt. 380 , 57 Atl. 971 , we render such judgment as the trial court should have rendered, thereby saving to the parties the needless trouble and ■expense of a second trial.

11919–1919
Field v. Campbell green
ind · 1904
2 sentences

1914As was said in Field v. Campbell, 164 Ind. 389 , 72 N. E. 260 , 108 Am.

1914As was said in Field v. Campbell, 164 Ind. 389 , 72 N. E. 260 , 108 Am.

11914–1914

Where else courts name it

CA 478 (1874–2021) MO 144 (1860–2015) NY 132 (1843–1980) OK 122 (1901–2010) IA 115 (1879–2006) GA 82 (1900–1963) TX 79 (1868–2014) OR 71 (1894–2025) PA 66 (1882–2017) IN 58 (1866–2012) ID 57 (1886–2013) OH 47 (1884–2011) LA 37 (1899–2015) NM 35 (1896–2010) WY 34 (1894–2017) KY 33 (1899–2007) UT 32 (1901–2016) IL 31 (1865–2001) MI 31 (1915–1973) NJ 30 (1902–2017) WV 29 (1900–2014) AL 24 (1906–2009) AR 23 (1898–1970) MA 23 (1877–1973) MT 23 (1896–1969) CO 22 (1892–2016) TN 22 (1928–2005) FL 21 (1922–2016) MD 19 (1910–2014) MN 19 (1914–2006) HI 17 (1895–2016) NC 16 (1900–1951) RI 15 (1885–2003) AZ 15 (1907–2013) WA 13 (1890–1935) CT 13 (1887–1982) ND 12 (1910–2016) VA 12 (1877–2013) PR 11 (1934–1972) MS 10 (1908–2014) NE 10 (1880–1946) DE 8 (1977–1998) ME 7 (1889–1998) VT 7 (1914–2015) WI 6 (1878–1977) AK 5 (1967–1995) DC 4 (1980–2005) KS 3 (1902–1995) SD 3 (1997–2006) SC 2 (1923–2008)

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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