Timms v. State’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(n)o State shall ... pass any ... {I )aw impairing the (o)bligation of (c)ontracts.” U.S. CONST. Art. I § 10. 6 . Plaintiffs argue, however, that the Legislature had never reclassified a position without grandfathering the incumbent. While this may be so, there is no language in the personnel statutes or regulations suggesting that any individual enjoyed a contractual right to be grandfathered in the event of a personnel reclassification. 7 . It seems clear that if the Legislature had intended or desired to establish a contractual relationship with Plaintiffs and other employees in their position, it could have done so. Instead, the Legislature chose to extend the contractual benefits of the collective bargaining agreement to non-contracted employees. This suggests that the Legislature intended to maintain a non-contractual relationship with classified managers such as the Plaintiffs. 8 . Plaintiffs also state a claim under Ch. I, Art 2 of the Vermont Constitution, which requires compensation "whenever any person's property is taken for the use of the public.”

   1 later decision quote this exact passage · from the majority
   e.g. 894 F. Supp. 794 - Conway v. Sorrell