· 7/17/1992
Vermont Women's Health Center v. Operation Rescue
Citations
- 617 A.2d 411
- 159 Vt. 141
- 1992 Vt. LEXIS 138
- 1992 WL 355006
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because circumstances were \extreme and extraordinary\ prospective coercive fines were appropriate
- recognizing that “[d]ecisions under the federal rule and similar state rules have uniformly allowed the enforcement of injunctive decrees against unnamed parties with actual notice, where they meet the other criteria 5 of Rule 65(d), despite the absence of formal service”
- recognizing that “[a]ttorney[’s] fees are ordinarily awarded in contempt actions as part of the compensation due complainants for defendants’ actions, which have put the complainants in the position of having to seek the assistance of the courts to enforce a judgment”
- stating that moving party has burden to prove elements of civil contempt by clear and convincing evidence and that trial court’s judgment will not be disturbed absent abuse of discretion
- stating that Gadhue “fell within an exception to the ‘American Rule’ applicable where an individual is forced to enter a second round of litigation to secure a clearly defined right that should have been granted without judicial intervention”
- stating that Gadhue “fell within an 12 exception to the ‘American Rule’ applicable where an individual is forced to enter a second round of litigation to secure a clearly defined right that should have been granted without judicial intervention”
Source: CourtListener parenthetical corpus (CC0).
Judges: Allen, Gibson, Dooley, Morse, Johnson
Read full opinion on CourtListenerSourced 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.