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October 2006

GRAVEL AND SHEA IS AMONG THE BEST LAWYERS IN AMERICA®

Ten of the firm's shareholders have been selected for inclusion in the latest edition of The Best Lawyers in America® 2007. This year's list was compiled through an extensive peer-review survey representing more than 1.8 million evaluations. Gravel and Shea is pleased to acknowledge our listing as follows:

 

October 2006

GRAVEL AND SHEA OBTAINS APPROXIMATELY $220,000 VERDICT ON BEHALF OF TENANT

In a contentious, commercial landlord-tenant dispute, Bob O'Neill obtained an approximately $220,000 verdict on behalf of the tenant, which claimed that the landlord had, in bad faith, refused to allow the tenant to use additional space under its lease. Mr. O'Neill successfully defended against claims that the tenant was responsible for the landlord's legal fees incurred in zoning disputes and successfully demonstrated to Vermont Superior Court Judge Geoffrey Crawford that the landlord had breached the covenant of good faith and fair dealing.

 

October 2006

GRAVEL AND SHEA OBTAINS SUMMARY JUDGMENT FOR GE IN AN EMPLOYMENT CASE

Bob Hemley recently obtained summary judgment in defense of General Electric Company in a case brought by a discharged worker. The long-term worker claimed that he had been discharged without having been given the due process promised by the GE Employee Handbook, and in retaliation for his having reported what he claimed were product defects. The complaint, filed in the United States District Court for the District of Vermont, also alleged intentional infliction of emotional harm. Judge William Sessions III granted summary judgment dismissing all claims.

 

October 2006

GRAVEL AND SHEA OBTAINS FAVORABLE RULING FOR THE CITY OF MONTPELIER IN A SUIT BROUGHT BY UNION AND NON-UNION EMPLOYEES

Bob Hemley and Andrew Manitsky successfully represented the City of Montpelier in defense of an action brought by union and non-union employees who claimed they were entitled to additional retirement benefits under the State of Vermont plan for municipal workers, known as VMERS. The Washington County Superior Court entered summary judgment ruling accepting Gravel and Shea's argument that any additional monies are the obligation of the State, which made representations about how the retirement plan would be funded under VMERS. The City, which relied on the State's representations, was not required to make any additional contributions.

 

October 2006

GRAVEL AND SHEA OBTAINS FAVORABLE SETTLEMENTS FOR AMTRAK

Gravel and Shea successfully represented Amtrak and a number of associated railroad defendants in complex litigation arising out of a 2002 crossing accident in Sharon, Vermont. A northbound Amtrak train collided with a truck at a crossing leading into an industrial park. The crossing was recognized as exceedingly dangerous and was scheduled to be improved at the time of the accident. Matt Byrne and Bob Hemley represented Amtrak and the other railroads over a number of years involving three separate actions in the United States District Court. The railroads obtained a favorable settlement with its injured employees, and also made a substantial recovery from the trucking company for damage to railroad equipment and track.

 

October 2006

SUCCESSFUL SETTLEMENT IN PERSONAL INJURY ACTION

Bob Hemley reached a $300,000 settlement on behalf of a Vermont resident who was struck by a car while crossing the street on a Saturday evening in January. Prior to Gravel and Shea's involvement, the case was handled by another firm which was told there would be a zero offer given the Plaintiff's contributory negligence. Gravel and Shea was successful in revealing that the police officer, who had concluded that the accident was the fault of the pedestrian, had failed to conduct a thorough investigation, and that the driver of the car was more likely at fault.

 

October 2006

GRAVEL AND SHEA'S MEDIATION SERVICES CONTINUE TO PROVIDE ASSISTANCE TO LITIGANTS

Bob Hemley successfully mediated a complicated series of claims and cross claims arising from propane gas explosions which caused substantial property damage and personal injuries. As a mediator, Bob has a nearly perfect success rate.