Rachel M. Malone

Vermont Superior Court state Appointed by Phil Scott (Republican) 8 signed orders read

How Judge Malone decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On a motion for judgment on partial findings at the close of a landlord's case, she will enter judgment for the tenant where the landlord cannot prove it terminated the lease in the exact manner the lease requires -- actual notice is not enough when the lease specifies the method of service.

“The court made the following findings on the record and granted tenant's motion.”

Procedural preferences

She enforces claim preclusion firmly against repeat litigants: a plaintiff who repackages the same underlying transaction under a new legal label will have the later suit dismissed, and a motion to reconsider that ruling denied.

“The civil division agreed and dismissed the complaint, concluding that this case involved the same transaction as the 2023 case.”

She dismisses declaratory-judgment and mandamus suits at the threshold for lack of standing where the plaintiff alleges only generalized harm to the public rather than a particular personal injury.

“The court therefore granted the motion to dismiss.”

She applies prosecutorial immunity to bar civil suits against state's attorneys for acts within the judicial phase of a criminal prosecution, dismissing abuse-of-process and malicious-prosecution claims on that basis.

“It therefore granted defendants' motion to dismiss the action.”

Cautions

A party seeking leave to amend must show the amendment is not futile; a proposed pleading that repeats the deficiencies of the original complaint will be denied.

“It then denied plaintiff's motion to amend, reasoning that amendment would be futile because the proposed pleading had the same deficiencies as the original complaint.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

American Express National Bank v. Thomas McFeeley
25-CV-01102 (Windham Unit) · 2025
Summary judgment (plaintiff) Granted

“The court granted summary judgment, concluding that the materials in the record established that plaintiff was entitled to judgment in its favor.”

Jeffrey Rivard v. Windham State Attorney and Dana John Nevins
24-CV-04322 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“The civil division agreed and dismissed the complaint, concluding that this case involved the same transaction as the 2023 case.”

Motion for reconsideration (plaintiff) Denied

“The court denied plaintiff's subsequent motion to reconsider.”

Jeffrey Rivard v. Windham State Attorney et al.
25-CV-02411 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“It therefore granted defendants' motion to dismiss the action.”

Motion to vacate (plaintiff) Denied

“The trial court denied the motion because plaintiff's complaint failed to state a claim against Congdon in his individual capacity.”

Preliminary injunction (plaintiff) Denied

“it did not err in denying plaintiff's motion for a preliminary injunction.”

Thomas Ferrazza v. North Branch Fire District #1
24-CV-02110 (Windham Unit) · 2024
Motions to dismiss (defendant) Granted

“The court therefore granted the motion to dismiss.”

Suzanne Colvin v. Rhonda Jepson
24-ST-00327 (Windham Unit) · 2024
Motion to extend stalking order (plaintiff) Granted

“The court thus extended the order for one year with the same conditions.”

Zygmunt Dever v. Amalia Lee
24-CV-03531 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“The trial court granted the motion.”

Motion to amend complaint (plaintiff) Denied

“It then denied plaintiff's motion to amend, reasoning that amendment would be futile because the proposed pleading had the same deficiencies as the original complaint.”

Jeffrey Rivard v. Town of Brattleboro et al.
24-CV-04975 (Windham Unit) · 2025
Motions to dismiss (defendant) Granted

“For these and other reasons, the court dismissed plaintiff's complaint with prejudice.”

Londonderry Industrial Park, Inc. v. Jamaica Cottage Shop, Inc.
24-CV-02523 (Windham Unit) · 2025
Motion for judgment on partial findings (defendant) Granted

“The court made the following findings on the record and granted tenant's motion.”

Put Judge Malone's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Malone actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Malone's own signed orders and cites them.