· 10/12/1990
Trepanier v. Getting Organized, Inc.
Citations
- 583 A.2d 583
- 155 Vt. 259
- 1990 Vt. LEXIS 190
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing emotional distress damages as a remedy available in claims based on torts other than intentional infliction of emotional distress
- explaining that courts must examine circumstances of each case to determine whether preclusion is appropriate
- rejecting plaintiff’s argument that defendants’ alleged age discrimination interfered with parties’ contractual relationship as federal jury had previously found no age discrimination
- explaining that collateral estoppel does not require mutuality of both parties
- stating criteria for applying issue preclusion, and noting that party opposing its application has burden to show existence of circumstances that make it appropriate for issue to be relitigated
- listing as appropriate factors under the final two criteria, choice' of forum, incentive to litigate, foreseeability of future litigation, legal standards and burdens employed in each action and procedural opportunities available in each forum
Source: CourtListener parenthetical corpus (CC0).
Judges: Dooley, Barney, Keyser, Springer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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