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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.