Kerri L. Colby v. Umbrella, Inc., Jennifer (Townsend) Grant, Michelle Fay, and State of Vermont, Agency of Human…

Summary

The court held that the superior court abused its discretion by denying leave to amend claims alleging that a state official was personally involved in the plaintiff's termination and that the State was her employer under FEPA. Those allegations were sufficient at the notice-pleading stage to survive a futility analysis, although the proposed intentional-infliction-of-emotional-distress claim lacked supporting factual allegations. The court reversed and remanded. Burgess, J., dissenting, would have affirmed dismissal because the amended complaint supplied labels and conclusions rather than factual grounds for the § 1983 and FEPA claims.