· 3/22/1985
Ass'n of Haystack Property Owners, Inc. v. Sprague
Citations
- 494 A.2d 122
- 145 Vt. 443
- 1985 Vt. LEXIS 318
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “courts should be especially reluctant to dismiss on the basis of pleadings when the asserted theory of liability is novel or extreme”
- trial court improperly dismissed suit alleging breach of fiduciary duty owed by corporate directors to creditors
- court must assume truth of all allegations in complaint and draw reasonable inferences in favor of the non-moving party when evaluating a motion to dismiss
- “courts should be especially reluctant to dismiss on the basis of pleadings when the asserted theory of liability is novel or extreme”
- “courts should be especially reluctant to dismiss on the basis of pleadings when the asserted theory of liability is novel or extreme”
- “The legal theory of a case should be explored in the light of facts as developed by the evidence, and, generally, not dismissed before trial because of the mere novelty of the allegations.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hill, Underwood, Peck and Gibson, Jj., and Daley, J. (Ret.), Specially Assigned
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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