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· 11/1/2002

Elkins v. Microsoft Corp.

Citations

  • 817 A.2d 9
  • 174 Vt. 328
  • 2002 Vt. LEXIS 314

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an indirect purchaser could recover in Vermont even before Vermont enacted explicit legislation to this effect
  • holding that plain language of VCPA “does not support the imposition of a privity requirement”
  • holding that the Vermont Consumer Fraud Act prohibiting unfair methods of competition was an additional state antitrust statute
  • concluding that statutory amendment was clarification of existing law based on, among other things, “the expressly stated legislative intent” and “previous decisions construing the [act]”
  • emphasizing that Vermont law under CFA rejects federal case-law on “indirect purchasers,” thereby giving more weight to consumer protection purpose of the CFA
  • observing that, when construing a statute, the court evaluates “the plain meaning of the statutory language, because we presume that it reflects the Legislature’s intent”

Source: CourtListener parenthetical corpus (CC0).

Judges: Amcstoy, Dooley, Morse, Johnson, Skoglund

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.