subject matter test (Vermont) · Go Syfert
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subject matter test in Vermont

7 Vermont opinions name it 2 courts 1880–2015 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 (4)

CaseFollowedCited
In re Glen M.green
vt · 1990 · cited in 2 Vermont opinions naming this issue, 2005–2007
2 sentences

2007Docket No. 112-6-05 Vtec was remanded to the DRB due to the flawed warning4 of the 2005 DRB proceedings, and because the DRB had failed to consider all the conditional use criteria or the criteria pertaining to existing nonconforming uses or noncomplying structures, citing In re Torres, 154 Vt. 233, 236 (1990) (DRB must warn the hearing so as to sufficiently inform the public of the subject matter of the hearing).

2005In re Torres, 154 Vt. 233, 236 (1990).

22
Harper & Row Publishers, Inc. v. Honorable Bernard M. Decker, United States District Judgegreen
ca7 · 1970 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998Under the subject-matter test, an employee’s communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns “the performance by the employee of the duties of his employment.” Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir. 1970), aff’d by an equally divided court, 400 U.S. 348 , reh’g denied, 401 U.S. 950 (1971).

1998Under the subject-matter test, an employee's communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns "the performance by the employee of the duties of his employment." Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir.1970), aff'd by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 , reh'g denied, 401 U.S. 950 , 91 S.Ct. 917 , 28 L.Ed.2d 234 (1971).

11
Diversified Industries, Inc. v. The Honorable James H. Meredith, Chief Judge of the United States District Court for the Eastern District of Missourigreen
ca8 · 1978 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998The modified subject-matter test limits the lawyer-client privilege to those communications made “for the purpose of obtaining legal services or advice.” Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 602 (8th Cir. 1977).

1998The modified subject-matter test limits the lawyer-client privilege to those communications made "for the purpose of obtaining legal services or advice." Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 602 (8th Cir.1977).

11
Gray v. Middletown & Poultneygreen
vt · 1884 · cited in 1 Vermont opinions naming this issue, 1991–1991
2 sentences

1991In Gray v. Middletown, 56 Vt. 53, 55 (1884), the Court concluded that a “report of the commissioners is only prima facie evidence of the existence of a legal necessity [f]or the establishment of the highway.” The Court added, “The commissioners are but agents or officers of the court in investigating the subject matter of the inquiry.

1991The court is not bound by their action ....” Id. at 57 .

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 (6)

CaseCitedYears
Petitions of Davenport green
vt · 1971
1 sentence

2015And a claim of prejudgment founded on prior participation will not oust the only tribunal that has the authority to act in the premises.” Id.

12015–2015
Bernard M. Decker, United States District Judge v. Harper & Row Publishers, Inc. green
scotus · 1971
2 sentences

1998Under the subject-matter test, an employee’s communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns “the performance by the employee of the duties of his employment.” Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir. 1970), aff’d by an equally divided court, 400 U.S. 348 , reh’g denied, 401 U.S. 950 (1971).

1998Under the subject-matter test, an employee's communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns "the performance by the employee of the duties of his employment." Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir.1970), aff'd by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 , reh'g denied, 401 U.S. 950 , 91 S.Ct. 917 , 28 L.Ed.2d 234 (1971).

11998–1998
Grove Press, Inc. v. Flask green
scotus · 1971
2 sentences

1998Under the subject-matter test, an employee's communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns "the performance by the employee of the duties of his employment." Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir.1970), aff'd by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 , reh'g denied, 401 U.S. 950 , 91 S.Ct. 917 , 28 L.Ed.2d 234 (1971).

1998Under the subject-matter test, an employee's communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns "the performance by the employee of the duties of his employment." Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir.1970), aff'd by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 , reh'g denied, 401 U.S. 950 , 91 S.Ct. 917 , 28 L.Ed.2d 234 (1971).

11998–1998
Harper v. United States green
scotus · 1971
2 sentences

1998Under the subject-matter test, an employee’s communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns “the performance by the employee of the duties of his employment.” Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir. 1970), aff’d by an equally divided court, 400 U.S. 348 , reh’g denied, 401 U.S. 950 (1971).

1998Under the subject-matter test, an employee's communication is privileged if the employee makes a statement to a lawyer at the direction of his or her superiors and the subject matter of the statement concerns "the performance by the employee of the duties of his employment." Harper & Row Publishers, Inc. v. Decker, 423 F.2d 487, 492 (7th Cir.1970), aff'd by an equally divided court, 400 U.S. 348 , 91 S.Ct. 479 , 27 L.Ed.2d 433 , reh'g denied, 401 U.S. 950 , 91 S.Ct. 917 , 28 L.Ed.2d 234 (1971).

11998–1998
State v. Batchelder green
vt · 1834
1 sentence

1884The expense of its construction and maintenance is incident to the inquiry, like the fine or penalty in a criminal prosecution, as shown in State v. Batchelder, supra. The commissioners are but agents or officers of the court in investigating the subject matter of the inquiry.

11884–1884
Williams v. Mason neutral
· 1873
1 sentence

1880The case is controlled by the case of Williams v. Mason, 45 Vt. 372 , and quite identical with it.

11880–1880

Where else courts name it

TX 113 (1891–2026) PA 78 (1893–2026) IL 70 (1894–2025) OK 59 (1896–2011) NY 52 (1864–2026) CA 46 (1878–2026) GA 40 (1911–2016) VA 37 (1948–2023) FL 37 (1922–2022) MT 36 (1924–2021) CO 31 (1968–2010) MD 30 (1931–2024) IN 30 (1878–2025) OH 27 (1902–2026) MO 27 (1904–2017) CT 18 (1896–2022) NC 17 (1888–2025) MI 14 (1949–2023) LA 13 (1943–2017) WA 13 (1899–2020) NJ 12 (1941–2026) ID 12 (1919–2019) SC 12 (1906–2014) IA 11 (1931–2025) OR 11 (1900–2019) UT 11 (1903–2026) AL 10 (1848–2017) MN 10 (1911–2019) MA 10 (1875–2025) AR 9 (1896–1996) RI 9 (1909–2012) AZ 9 (1946–2018) NM 9 (1937–2013) HI 8 (1976–2013) MS 7 (1984–2019) WI 7 (1981–2010) VT 7 (1880–2015) DE 6 (1911–2026) KY 6 (1918–2024) ME 6 (1905–1973) TN 6 (1909–2024) NE 6 (1897–1956) NV 5 (1955–2017) WY 4 (1925–2005) WV 4 (1897–2022) DC 3 (1989–1995) NH 2 (1889–2010) KS 2 (1912–1923)

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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