Legal Opinion · Dissent

Colby v. Umbrella, Inc.

Supreme Court of Vermont

Decided April 25, 2008No. 06-088Published

1Dissent

Burgess, J.,

¶ 15. dissenting in part. Surely plaintiff does not depend on pretrial discovery to discover her own disability. Yet plaintiff fails, after two tries, to allege what disables her, why she should be entitled to a workplace accommodation for an affliction she does not identify, or why it was unreasonable not to accommodate her unknown disability. Nevertheless, the majority endorses this empty pleading, along with the rest of plaintiffs FEPA and § 1983 complaints equally devoid of any alleged grounds for such claims, as exemplifying the “beauty” of “underdeveloped” pleading…

2Cases cited17 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Erickson v. PardusSupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Iqbal v. HastyCourt of Appeals for the Second Circuit · 2007
  5. Gallagher v. Neil Young Freedom ConcertCourt of Appeals for the Tenth Circuit · 1995

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