Legal Opinion · Dissent

LaRose v. Department of Employment Security

Supreme Court of Vermont

Decided April 30, 1981No. 103-80Published

1DissentHill, J.

The appellant challenges a Vermont Employment Security Board decision finding him disqualified for unemployment benefits under 21 V.S.A. § 1344(a) (2) (A). In dealing with this claim, the majority rewrites Anglo-American jurisprudence, informing us that “equity precedes the *516law.” With this, quite clearly, I can not agree. The law dictates the proper decision in this case. Further, this Court should not second guess and supersede the Board’s informed judgment without a factual basis clearly dictating such action. The majority here even admits that this is a close question. We are not a trial…

2Cases cited13 opinions

  1. Russell Corp. v. United StatesUnited States Court of Claims · 1976
  2. Cain v. Allen Electric & Equipment Co.Michigan Supreme Court · 1956
  3. Jack N. Entis, D/B/A Entis Associates, and Jack N. Entis, Individually v. Atlantic Wire & Cable CorporationCourt of Appeals for the Second Circuit · 1964
  4. Nurmi v. Vermont Employment Security BoardSupreme Court of Vermont · 1963
  5. Cushman v. OutwaterSupreme Court of Vermont · 1960

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