malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)

Citation: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Parent Document: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Jurisdiction: Vermont (state)
Effective Date: 2026-03-30
Original Source: https://www.vermontjudiciary.org/media/20130 ↗

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 Simply put: context is king. At bottom, “[w]hether a modifier is ‘applicable as
much to the first as to the last’ words in a list, whether a set of items form a
‘single, integrated list,’ and whether the application of the rule would require
acceptance of an ‘unlikely premise’ are [all] fundamentally contextual questions.”
Lockhart, 577 U.S. at 355-56, 136 S.Ct. 958. As Justice Alito put it in his
Facebook concurrence: whether a modifier applies to an entire list or just the
nearest antecedent sometimes “has little to do with syntax[,] and everything to do
with our common understanding” of what words likely mean in a given context.
Facebook, 141 S.Ct. at 1174; see also id. (“[w]e can see [the result change] if we
retain the same syntax but replace [one of the list items] ... with any number of
other [words] that describe something” the modifier is unlikely to modify).

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