Legal Opinion

In Re Miller

Supreme Court of Vermont

Decided November 6, 2009No. 2009-222PublishedCited by 9 opinions

1Opinion of the CourtBurgess, J.

¶ 1. Mitchell R. Miller, M.D. appeals from a decision of the Medical Practice Board to suspend his medical license pending a ruling on the merits on multiple charges of unprofessional conduct. Dr. Miller contends: (1) the statutory provision authorizing summary suspensions, 3 V.S.A. § 814(c), is unconstitutional on its face because it fails to provide for a pre-suspension hearing or a prompt and meaningful post-suspension hearing; (2) the statute as applied failed to comport with due process because the post-suspension hearing afforded no meaningful opportunity to present evidence and contest…

2Cases cited26 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

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3Cited by9 opinions

  1. Luck Brothers v. Agency of TransportationSupreme Court of Vermont · 2014
  2. Firefighters of Brattleboro v. Brattleboro Fire DepartmentSupreme Court of Vermont · 1980
  3. Miriam Lowell and Seth Healey v. Department for Children and FamiliesSupreme Court of Vermont · 2024
  4. Friends of Pine Street d/b/a Pine Street Coalition v. City of BurlingtonSupreme Court of Vermont · 2020
  5. Fitzgerald v. DemlVermont Superior Court · 2025

4 more not listed; retrieve them via the Exa API.

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