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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

L'ESPERANCE v. Benware, 2003 VT 43 (2003)

Citation
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Parent Document
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Jurisdiction
Vermont (state)
Effective Date
2003-05-02

Other Sections in This Document (64)

Full Text

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at 435-36 n.ll. Here, the trial court found not only that plaintiffs prevailed, but also that “they recovered the maximum amount possible under the applicable statute including exemplary damages” for the consumer fraud claim. The court noted that the malice standard for an award of exemplary damages is a difficult one to meet, and thus, plaintiffs’ recovery “underscores the plaintiffs’ overall success in pursuing this case.” Thus, while plaintiffs did not prevail on all of their original claims, they were certainly successful in this suit arising out of a common core of facts, and the trial court acknowledged this in its determination. See LaBrie,