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July, 2010 Gravel and Shea Attorneys Bob O'Neill and Ross Feldmann Obtain Substantial Verdict in Hunting CaseBob O'Neill and Ross Feldmann obtained a $380,557 verdict in a negligence case involving a turkey hunting incident in Woodstock, Vermont. The defendant, who was hunting under time pressure and who violated several hunting safety rules, mistook Gravel and Shea's client for a turkey off in the distance. He was injured when approximately 50 shotgun pellets struck him in the arm, torso, and face. Treatment included exploratory surgery of his abdominal cavity and a subsequent surgery to remove some of the pellets near the surface of his skin. The defendant refused to accept responsibility, claiming in his defense that there was an actual turkey between the plaintiff and him on the date of the incident. The jury rejected this defense, awarding a sum that was more than fifteen times the highest offer that the defendant made during trial. Notably, the jury awarded approximately $150,000 in future pain and suffering. Gravel and Shea Attorneys Hemley and Feldmann Successfully Defend Against Trespass Claim in Suit Between Developer and Homeowners AssociationIn a two-day trial in the Chittenden Civil Division, Robert B. Hemley and Ross A. Feldmann successfully defended a claim made by Keystone Development Corporation that sought to force the removal or alteration of drainage around the swimming pool at the Strathmore development in the north end of Burlington. Keystone claimed that the Strathmore swimming pool, constructed in 1995, has blocked the natural drainage from a 40-acre parcel which Keystone wants to develop and has made the land undevelopable in part. Initially, Keystone sought millions of dollars in damages, but it withdrew that claim after Gravel and Shea demanded to see the evidentiary basis. Keystone then asked the court for an injunction requiring the removal of the swimming pool or alteration of the land. Messrs. Hemley and Feldmann were successful in proving that any impact on the natural drainage of Keystone's land had just as likely occurred because Keystone failed to maintain ditches on the perimeter of its property that were intended to drain the water from its land. The case required the presentation of complex expert testimony concerning wetlands and surface water drainage engineering, as well as a lengthy history of the usage of the land over the past several decades. Gravel and Shea Obtains Access to Investigative Files on Behalf of the Rutland HeraldAttorneys Matthew Byrne and Robert Hemley successfully argued for further access to public records related to the viewing of pornography on computers in the City of Rutland's police department and public works department. Judge Cohen stated in an oral ruling that he would release documents withheld by the City of Rutland after a request from the Rutland Herald. Judge Cohen requested that the City redact the names of certain individuals identified in the documents. In seeking access to the documents, Mr. Byrne argued that the citizens of Rutland were the ultimate authority in our democratic form of government. Without information, the citizens cannot do their job of supervising public officials and their actions. The latest request for access arises out of investigative reporting done by the Rutland Herald's Brent Curtis and Gravel and Shea's earlier successful unsealing of police warrants related to a criminal investigation. Click here to view the Rutland Herald article. Click here for a copy of the Order. June, 2010 Gravel and Shea Ranked #1 in Chambers USA
Gravel and Shea has once again been ranked as a "leading firm" in Chambers USA, an independent publication that ranks lawyers based on opinions gathered from clients, colleagues and competitors. Gravel and Shea is ranked #1 in Corporate/Commercial, Litigation: General Commercial and Real Estate. In addition, eleven of the firm's lawyers are specifically recognized, as follows:
Stewart H. McConaughy - Corporate/Commercial Gravel and Shea Attorneys Byrne, Hemley and Manitsky Obtain Preliminary Injunction Against "Spin-Off" CompanyMatthew B. Byrne, Robert B. Hemley, and Andrew D. Manitsky obtained a temporary restraining order and preliminary injunction after a number of employees of its client's business took confidential information and started a competing company. After a contested evidentiary hearing, Judge Toor of the Chittenden Superior Court held that Gravel and Shea had established all the requirements for a preliminary injunction under Vermont law. Using computer forensic evidence, Gravel and Shea was able to recover deleted e-mails showing that the former employees had taken proprietary information and unfairly competed with their former employer. Confronted with this evidence at the hearing, the former employees were unable to deny their actions and have been ordered to return the materials they took. Click here for a copy of Judge Toor's decision. May, 2010 Heather Hammond Wins Land Use Battle In Supreme CourtHeather Hammond recently won a reversal of an Environmental Court decision imposing unwarranted land-use fees on the developer of a housing project on a plot of forested land in Winooski. The District Commission imposed off-site mitigation fees on the developer based on a provision of Act 250 designed to protect "primary agricultural soils." By statute, the fees are designed to offset the loss of agricultural land that is developed for other uses by funding preservation of such land in other locations. Ms. Hammond argued that the definition of "primary agricultural soils" and the purpose of Act 250 required the District Commission to consider the cost or other practical limitations of converting land to agricultural use when it is making its determination of whether primary agricultural soils exist on a site. After the Environmental Court refused to consider the cost of converting the developer's property into commercial farmland and ordered that the developer had to pay the off-site mitigation fee, Gravel and Shea appealed that decision to the Vermont Supreme Court. In a lengthy published decision on a case of first impression, the Supreme Court adopted Ms. Hammond's reasoning as the proper standard, reversing the Environmental Court. "[T]he legislature's intent to protect Vermont's farmland from disappearance at the hands of more profitable development," the Court held, "cannot be used to justify imposition of protection measures for fictitious farms, i.e., land that will not be used for farming regardless of the proposed development because it is logistically difficult or too costly to overcome existing limitations." The Court reversed and remanded, instructing the Environmental Court to consider the economic realities of using the soil for agriculture in determining whether mitigation was warranted. March, 2010 Permanent Injunction Prevents Illegal Development WorkBob Hemley and Ross Feldman successfully obtained an injunction preventing a local developer from proceeding with pre-development work on one of the last open parcels of land in Burlington. The developer was caught preparing to cut down trees and dig ditches on a 40 acre parcel in the north end of Burlington without obtaining necessary permits from the City of Burlington. After a hearing in the Environmental Court at which Keystone maintained it was engaged in "silviculture" and "agriculture" on the property, rather than development work, the Court issued a temporary restraining order and preliminary injunction, which the developer appealed to the Vermont Supreme Court. The Supreme Court upheld the preliminary injunction and sent the case back to the Environmental Court for further proceedings. In a decision accompanying the Environmental Court's Final Judgment and Permanent Injunction on March 31, 2010, Judge Thomas Durkin found that the proposed work was indeed intended to aid development, no permits had been obtained, and a permanent injunction was required in order to protect the parcel. Dismissal of Legal Malpractice Suit Affirmed by Second CircuitBob Hemley has successfully defended a fellow Vermont attorney in an action brought in federal court by a disgruntled litigant who claimed civil rights violations and a series of related claims arising out of the settlement of a state court action. Proceedings wound through the state court, the US District Court, and finally the Court of Appeals for the Second Circuit, ultimately resulting in a dismissal of the claim. Complex Commercial Case Successfully Resolved After 11-Hour MediationParties to a dispute over the sale of business chose Bob Hemley to mediate their complex dispute. The claims and counterclaims raised issues of breach of contract, fraud, and defamation. The parties were able to reach a negotiated settlement of their dispute after an 11-hour session. Bob's record of helping parties to bring complex disputes to resolution is almost perfect, and he looks forward to additional opportunities to serve as a mediator. As a member of the federal ENE and various state county court mediation panels, Bob has mediated dozens of cases to a successful conclusion. February, 2010 Gravel and Shea Obtains Release of Sealed RecordsRobert B. Hemley and Matthew B. Byrne successfully argued for the release of a search warrant executed on a Rutland City police officer. Representing the Rutland Herald, a locally-owned newspaper, Messrs. Hemley and Byrne argued that the public had a right to access for judicial documents, including search warrants and related documents. The Court agreed to release the search warrant and is continuing to consider whether the identity of the Rutland City police officer should be released. Gravel and Shea's successful First Amendment practice has earned it statewide and national recognition as the leading Vermont firm in that area. Over the years, Gravel and Shea has successfully argued in favor of access to public records and proceedings on behalf of numerous media, fought subpoenas issued to the media, and defended libel and privacy actions. A copy of a news story related to argument and the search warrant can be found at the following link: http://www.rutlandherald.com/article/20100210/News04/2100362/1002/News01 Licensed-Lender Statute Working Group Releases its Report and Recommendations to Vermont LegislatureAt the end of the 2009 legislative session, the Vermont Legislature created a working group to study the effect of the Vermont Licensed Lender Statute, Title 8, Chapter 73 (the "Act") on certain commercial loan transactions. The working group consisted of representatives of the Vermont Department of Banking, Insurance, Securities and Health Care Administration, the Vermont Bankers Association, the Vermont Bar Association, the Agency of Commerce & Community Development, the Economic Development Authority and the entrepreneurial industry sector of Vermont. The Vermont Bar Association selected Gravel and Shea attorney William (Chip) A. Mason as its representative to the working group. The group studied the effect of limiting so-called commercial "angel loans" to loans in excess of $25,000; discussed methods of streamlining the commercial lender license application process; and addressed the inconsistencies in definitions of an owner-occupied multi-unit dwelling under Vermont and federal law. The group released its report to the Vermont Legislature on January 1, 2010, summarizing the work it had conducted. In addition to the report, the group proposed amendments to the Act and to the interest rate statute, Title 9, Chapter 4 that included the following:
We will monitor the proposed amendments as they go through the legislative process. Ross Feldmann to Begin Term as Chair of Vermont Bar Association's Young Lawyers DivisionGravel and Shea associate Ross Feldmann is looking forward to his approaching term of office as chair of the Vermont Bar Association Young Lawyers Division. The YLD consists of VBA members who are under the age of 37 or who have been practicing fewer than five years. Mr. Feldmann is currently chair-elect and will assume the position of chair at the division's annual meeting in March. In addition to his work with the VBA, Mr. Feldmann also serves as the District Representative for Vermont and Maine for the American Bar Association Young Lawyers Division. The YLD hosts several events throughout the year, including the Mid-Winter Thaw, which is one of the highlights of the VBA calendar. At the Thaw, an annual event in Montreal, members of the bar gather for Continuing Legal Education seminars and noteworthy guest speakers. Anyone who would like more information about the YLD and its programs is encouraged to contact Mr. Feldmann or the Vermont Bar Association. Gravel and Shea Obtains $100,000 for Client Run Off Road by Reckless DriverFollowing protracted and contested litigation, Gravel and Shea attorney Robert Hemley obtained a $100,000 settlement for injuries sustained by a father and his two children. The Complaint, filed in U.S. District Court, alleged that the Defendant forced our client off a snow-covered road while trying to pass at a high rate of speed. The Defendant denied liability, and engaged Dr. Paul Ross who offered the opinion that the injuries were modest, and that pre-existing back problems were causing the pain the client was experiencing. The case settled on the eve of trial. A Successful 2009 United Way Community CampaignGravel and Shea's attorneys and staff members once again proudly supported the United Way's Community Campaign. With over eighty percent (80%) participation, our firm contributed over $9,000 to the United Way for its 2009 campaign. Our donations will benefit the United Way of Chittenden County's membership non-profit agencies which invest in the economic and social welfare of our community. Senator Leahy Pays Tribute to Bob Hemley in the Congressional RecordSenator Patrick Leahy honored Bob Hemley on December 15, 2009 by reading into the Congressional Record a tribute to Bob which recognized his work to keep government proceedings and courts open to the public. Senator Leahy noted that Mr. Hemley is, like the Senator, one of only three recipients of the Matthew Lyon Award presented by the Vermont Press Association to persons who have demonstrated an unwavering dedication to First Amendment principles. Click here for the full tribute as it appears in the Congressional Record. December, 2009 Gravel and Shea announces "Super Lawyers"Gravel and Shea is proud to announce that six of its attorneys were selected for inclusion in the 2009 edition of New England Super Lawyers. Selection is based on a rigorous process of evaluation by peers in a number of categories of professional achievement. Our attorneys and their areas of recognition are as follows: Robert B. Hemley - General Litigation, First Amendment/Media, and Personal Injury: Plaintiff categories; Stewart H. McConaughy - Mergers and Acquisitions; and Securities and Corporate Finance categories; William G. Post - Estate Planning and Probate category; Peter S. Erly - Business/Corporate; Mergers and Acquisitions; and Securities and Corporate Finance categories; Michelle N. Farkas - Real Estate category ("Rising Star"); and Ross A. Feldmann - Business Litigation; Criminal Defense; and Family Law categories ("Rising Star"). Mr. Hemley was also named in the list of the Top 100 New England attorneys achieving the highest evaluative scores. Gravel and Shea's Clients Are Among Recipients of Smart Growth Vermont AwardFor the second time in three years, Gravel and Shea has represented the winner of the Smart Growth Vermont Award. Established in 2006, the Smart Growth Award program recognizes and celebrates development projects that are dedicated to economic and community development while preserving the historic and natural surroundings. The 2009 award recognized The Snyder Taft Corners LLC and JCST, LLC for their Finney Crossing development plan. Finney Crossing is a mixed-use development project located at the heart of Taft Corners in Williston, Vermont featuring 356 units of housing in various housing types, as well as commercial, retail and open spaces. According to the nominating committee, Finney Crossing provides an example of "how best to retrofit suburbia" with people at the center of the design. Robert Rushford represents The Snyder Taft Corners LLC and JCST, LLC in land use permitting and real estate matters relating to the Finney Crossing project. Gravel and Shea's Real Estate Lawyers Proud to Represent Land TrustsRobert Rushford recently assisted Lake Champlain Land Trust, Inc. in its acquisition of a conservation easement on a 79-acre parcel located near Lake Champlain's shore in the Town of Colchester. Through this acquisition, Lake Champlain Land Trust, Inc. will conserve the wildlife, habitats and natural communities associated with the forested Lake Champlain natural area and will maintain the scenic beauty of the ridgeline overlooking Lake Champlain. Michelle Farkas with the assistance of Roman Sidortsov recently represented Richmond Land Trust, Inc. in its acquisition of an eleven-acre parcel nestled between the Winooski and Huntington rivers in the Town of Richmond. Both Vermont Housing and Conservation Board (VHCB) and the Town of Richmond helped to fund this purchase. Through its acquisition, Richmond Land Trust, Inc. will ensure that this unique parcel of land continues to serve as a habitat for the local wild flora and fauna, as well as a resource open to the public for low-impact, non-motorized recreational use. According to VCHB and the Richmond Land Trust, the site will provide excellent access to the Winooski and Huntington rivers to paddlers and fishing enthusiasts as well as to all Vermonters and out of state visitors looking to enjoy Vermont's great outdoors. In addition to its ecological and recreational value, the acquired parcel hosts two archeological sites which provide important information about the life of Native American people prior to the European exploration of North America. Archeologists and historians consider the larger of the two sites a rival of the famous Round Church in Richmond in terms of its historic significance. Gravel and Shea's Lawyers Attend Financing Renewable Energy Conference in Washington D.C.Michelle Farkas, Jeanne Blackmore and Roman Sidortsov attended the Financing Renewable Energy Conference in Washington D.C. sponsored by Novogradac & Company LLP on November 11-12, 2009. In addition to active public policy discussions, the conference, whose attendees included developers, lawyers and accountants, focused on investment structures for solar and wind transactions given the current availability of treasury grants, investment and production tax credits and federal loan guarantees. Settlement of Medical Malpractice CaseRobert Hemley successfully resolved a wrongful death claim which arose out of a failure to diagnose colon cancer. The decedent, who was given a clean bill of health following her colonoscopy, was diagnosed with colon cancer one year later. She died one year following the diagnosis, after undergoing an operation, chemotherapy, and radiation treatment, and was survived by her husband and two adult children. The terms of the settlement are confidential. Robert B. Hemley Wins Matthew Lyon AwardBurlington lawyer Robert B. Hemley has been selected to receive the Matthew Lyon Award for his lifetime commitment to the First Amendment and the public's right to know the truth in Vermont. The Vermont Press Association is scheduled to present the award to Hemley during its annual awards banquet at noon Thursday (Dec. 3, 2009) at the Capitol Plaza in Montpelier. VPA President Bethany Dunbar, editor of the Chronicle in Barton, said Hemley has been a First Amendment leader in the fight against sealed public records, closed courtrooms and improper attempts to force reporters to testify in violation of the First Amendment. Hemley also has successfully defended the media against defamation and invasion-of-privacy lawsuits and other false claims. The VPA created the award to honor people who have an unwavering devotion to the five freedoms within the First Amendment and to the belief that the public's right to know the truth is essential in a self-governed democracy. The First Amendment award is named for the former Vermont congressman, who was jailed in 1798 under the Alien and Sedition Act for sending a letter to the editor criticizing President John Adams. While Lyon was serving his federal sentence in a Vergennes jail, Vermonters re-elected him to the U.S. House of Representatives. Hemley has been recruited to write the Vermont section of the national guides on libel, privacy, and access for both the Media Libel Resource Center and the Reporters' Committee for Freedom of the Press for more than 20 years. He has shared his expertise and participated in various training sessions for judges, lawyers, the media and the public. He helped create the Vermont Coalition for Open Government and has been invited through the years by the Vermont Legislature to offer testimony on several First Amendment issues. Hemley has represented: The Burlington Free Press, Rutland Herald, Times Argus, Valley News, St. Albans Messenger, Bennington Banner, the Associated Press, United Press International, USA Today, New York Times, New York Daily News, along with WCAX-TV, Vermont Public Radio and several weekly newspapers, including in Randolph, Stowe, Waitsfield and Burlington. November, 2009 Gravel and Shea Associates Judge Annual Vermont Law School Appellate Advocacy ArgumentsGravel and Shea associates Ross A. Feldmann and Paul A. Kearney are serving as moot court justices in the Vermont Law School's appellate advocacy program. The second-year students enrolled in the program spend the semester briefing cases pending before the Supreme Court of the United States and then present oral argument before a panel of moot court justices made up of local attorneys and judges. Both Mr. Feldmann and Mr. Kearney are graduates of the Cornell Law School, where they themselves benefitted from participation in similar trial/appellate advocacy programs. Gravel and Shea is proud to participate in the VLS appellate advocacy program. Megan Shafritz to Serve As Chief of Vermont Attorney General's Civil DivisionGravel and Shea congratulates former partner Megan Shafritz on her new position as Chief of the Civil Division of the Office of the Attorney General for the State of Vermont. The Civil Division represents the State and its agencies, officers and employees in civil litigation in state and federal courts. We will miss Megan, but we are confident that all Vermonters will benefit from her exceptional legal talents. Gravel and Shea Strengthens TAGLaw Network ConnectionsPartners Andrew D. Manitsky and Matthew B. Byrne recently represented Gravel and Shea at the TAGLaw network's annual conference, held this year in Las Vegas on October 26-28. TAGLaw is a global alliance of high-quality, independent law firms with more than 140 member firms based in 100 countries worldwide. Through its membership in this organization, Gravel and Shea is able to secure top-quality representation for clients with legal needs in foreign jurisdictions and to serve other members' clients seeking superior legal counsel here in the Northeast. October, 2009 Andrew Manitsky Files Lawsuit on Behalf of Northeast Dairy FarmersA class action lawsuit was filed on October 8, 2009 on behalf of Northeast dairy farmers in federal court in Burlington, Vermont. The lawsuit, which alleges multiple violations of federal antitrust laws, was filed by Andrew Manitsky of Gravel and Shea and Washington, D.C. law firm Cohen Milstein. The suit charges Dairy Farmers Association and Dean Foods with monopoliziing the distribution of milk in the Northeast and illegally forcing dairy farmers to join DFA if they wish to survive here. DFA affiliate Dairy Marketing Services and milk processor HP Hood also were named in the suit for their part in the scheme. Northeast dairy farmers blame DFA, the nation's largest cooperative, and Dean, the nation's largest processor, for lowering the price they receive for milk by making DFA and its affiliates the exclusive suppliers of milk to Dean and HP Hood. Together the two processors bottle about 90 percent of fluid milk in the Northeast. September, 2009 Gravel and Shea Competes at the Lake Champlain Dragon Boat Festival
Gravel and Shea was a proud participant in the 2009 Lake Champlain Dragon Boat Festival, an annual charitable boat race with over 90 local businesses and organizations competing. Our goal was to build on our strong performance in 2008, both in fundraising and standings. In 2008, our firm raised over $2,500 for Dragonheart Vermont and the Cancer Patient Support Program's Emergency Fund, which helps Vermont cancer patients in need with services and support ranging from assistance with transportation to chemotherapy to COBRA payments for heath insurance to childcare. Our 2008 team, "Paddling Pro Se," placed first amongst all law firms attaining the coveted "Lawyers Cup" and finished second in the "Granite Cup" with an overall placement of 21 out of over 80 teams. Despite the inclement weather for the 2009 race day, Gravel and Shea far exceeded its goals. Our team raised over $3,000 in registration fees and donations for Dragonheart Vermont and Vermont's Camp Ta-Kum-Ta, a summer camp for children with cancer. In addition, Paddling Pro Se shaved three seconds off of its 2008 time and finished third in the "Pewter Cup" with an overall placement of 15 out of over 90 teams. We were also proud to be the only law firm competing in the 2009 event. Congratulations to all participants which included the following members of the firm: Matt Byrne, Lori Desotell, Tim Eustace, Michelle Farkas, Ross Feldmann, Heather Hammond, Pat Happy, Paul Kearney, Jean Mongeon, Karen O'Neill, Megan Parker, Bill Post, Bob Rushford, Emily Sanders, Roman Sidortsov, Sandy Sundarabhaya and Craig Weatherly; and to participating family members and friends. August, 2009 Matthew B. Byrne, Robert B. Hemley, and Megan J. Shafritz recognized as a "Litigation Stars"Matthew B. Byrne, Robert B. Hemley, and Megan J. Shafritz have been named as Vermont "litigation stars" in Benchmark's "Guide to America's Leading Litigation Firms and Attorneys" for 2010. The Legal Media Group compiled comments from clients and peers in an attempt to identify attorneys best suited for litigating complex disputes. The recognition of litigation star is reserved for those "who were consistently recommended as incontrovertible stars by clients and peers." In addition to their recognition, Gravel and Shea is identified as one of the "highly recommended" firms in Vermont. Michelle Farkas and Ross Feldmann Selected As New England Rising Stars For Super Lawyers' 2009 ListingSuper Lawyers, a listing of outstanding attorneys who have attained a high degree of peer recognition and professional achievement, has selected Gravel and Shea member Michelle Farkas and associate Ross Feldmann for its listing of New England Rising Stars 2009. This annual listing recognizes top up-and-coming attorneys in the region who are 40 years old or younger or who have been practicing for 10 years or less. Rising Stars are selected through a process of nominations and evaluation through twelve indicators of peer recognition and professional achievement. The final published list of Rising Stars represents no more than 2.5 percent of the lawyers in the region. Megan J. Shafritz Elected to CCBA Board of DirectorsGravel and Shea shareholder Megan J. Shafritz has been elected to serve as Vice President of the Chittenden County Bar Association. The CCBA serves the attorneys of Chittenden County by representing their interests and acting as a liaison with such groups as the Vermont Commission on Judicial Operations, presenting CLE seminars, coordinating opportunities for pro bono service, and by facilitating professional and social interaction among its members. Ms. Shafritz's practice focuses on complex commercial litigation and general business disputes. She also provides counseling to media clients on First Amendment issues and public records law. June, 2009 Gravel and Shea Ranked #1 in Chambers USA
Gravel and Shea has once again been ranked as a "leading firm" in Chambers USA, an independent publication that ranks lawyers based on opinions gathered from clients, colleagues and competitors. The Firm is ranked Number One in Corporate/Commercial, Litigation: General Commercial and Real Estate. In addition, eleven of the firm's lawyers are specifically recognized, as follows:
Stewart H. McConaughy - Corporate/Commercial William G. Post honored at the Best Lawyers 25th Anniversary Event in Atlanta, Georgia, April 23 - April 25, 2009
William G. Post has been listed in Best Lawyers since the publication's inception 25 years ago. The event was intended to honor their work and dedication to the profession and their communities. Click here for the complete press release. Successful Foreclosure Outcomes for Gravel and Shea ClientsIn a very contentious foreclosure action involving an Inn on Caspian Lake in Greensboro, Vermont, Gravel and Shea succeeded in having the bank's action to recover a deficiency dismissed as to the personal guarantors. The bank had pursued strict foreclosure, and became the owner of the Inn as a result in September. When the bank later sold the Inn at substantially less than the amount of the mortgage indebtedness, it sought to recover the deficiency from the guarantors. Craig Weatherly argued that the bank could not recover a deficiency in a strict foreclosure action, and the court agreed. It dismissed the deficiency claim, declared the foreclosure action to be at a conclusion, and dissolved the attachements that had been approved as to the guarantors' residence properties. In an earlier foreclosure case in which Gravel and Shea represented the creditor, Mr. Weatherly successfully argued that the pro se defendant's protracted filing of motions and requests for reconsideration entitled Gravel and Shea's client to attorneys' fees in excess of what would otherwise be allowed by statute. The court granted Gravel and Shea's motion and allowed recovery of the full amount of fees and costs incurred in prosecuting the foreclosure and responding to the defendant's motions. May, 2009 Bob Hemley and Andrew Manitsky Teach Legal EthicsOn May 8, 2009, Bob Hemley and Andrew Manitsky gave presentations to the Vermont Association for Justice (formerly the Vermont Trial Lawyers Association) on legal ethics. Mr. Hemley focused on issues relating to the "anti-contact rule" in the Rules of Professional Conduct, which generally prohibits attorneys from contacting persons they know to be represented by counsel in a particular matter. Mr. Manitsky focused on ethical issues relating to inadvertent and unauthorized document production, including the production of "metadata," the hidden code and information contained within electronic documents. Attorneys in attendance earned credit toward their continuing legal education requirements in ethics. Megan J. Shafritz Elected To VTAJ Board Of GovernorsGravel and Shea shareholder Megan J. Shafritz has been elected to serve on the Board of Governors for the Vermont Association for Justice. VTAJ is a 30-year old association of trial attorneys dedicated to protecting the rights of Vermont citizens, serving the administration of justice, and championing the cause of advocacy. Ms. Shafritz's practice focuses on complex civil litigation and general business disputes. She is also experienced in handling professional malpractice and personal injury matters. March 30, 2009 Gravel and Shea Obtain Permanent Injunction On Behalf of Stowe CompanyBob Hemley and Matt Byrne obtained a permanent injunction on behalf of a Stowe, Vermont company which has developed an innovative sports technology product. After filing a complaint and obtaining a temporary restraining order on March 16, 2009, Messrs. Hemley and Byrne obtained a permanent injunction in the Lamoille County Superior Court just two weeks later on March 30, 2009 prohibiting a former company employee from making any statements disparaging the product or creating confusion as to whether he is speaking for the company. The employee, who remains a stockholder, was also found in contempt of the temporary restraining order. It is very unusual that a permanent injunction would be obtained in such a short period of time. March 23, 2009 Gravel and Shea Associate Ross Feldmann Obtains Guilty Verdict on Attempted VoyeurismOn March 23, 2009, Gravel and Shea Associate Ross Feldmann tried a case regarding charges of voyeurism as part of Gravel and Shea's pilot project with the Chittenden County Office of the State's Attorney. Mr. Feldmann, who has been specially deputized to handle Chittenden County prosecutions, successfully prosecuted the charges, leading to a jury verdict convicting the defendant of "attempted voyeurism." According to the Court, this was the first case in which charges brought under Vermont's voyeurism statute were tried before a jury. March, 2009 Gravel and Shea Announces Two New ShareholdersGravel and Shea is pleased to announce that Megan J. Shafritz and Timothy M. Eustace have become shareholders of the firm, effective January 1, 2009. Megan Shafritz represents clients in complex litigation (including employment law, intellectual property and other civil matters), general business disputes and provides counseling on First Amendment issues and public records law. Timothy Eustace practices in the areas of real estate, land use development and construction law. February, 2009 Matthew B. Byrne Discusses Litigation Preparation and Data PrivacyMatthew B. Byrne gave a presentation on document preservation and e-discovery at a gathering of Vermont attorneys and business people. Mr. Byrne's presentation focused on compliance with the Federal Rules of Civil Procedure and other legal obligations. Mr. Byrne also reviewed Vermont data privacy laws. Ross Feldmann awarded "Star of the Quarter"Gravel and Shea associate Ross Feldmann was awarded a "Star of the Quarter" by the American Bar Association Young Lawyers Division (ABA YLD) at the ABA Mid-Year Meeting on February 11-14, 2009, in Boston. The ABA YLD presents this award four times a year to recognize ABA YLD members who provide exceptional service to the organization. Ross received the award for his efforts on the host committee, which helped organize the ABA YLD's conference at the Mid-Year Meeting. Ross currently serves as the District Representative to the ABA YLD for Vermont and Maine. Gravel and Shea Chosen for Chittenden County State's Attorney Pilot ProgramGravel and Shea has been chosen to participate in a pilot program with the Office of the State's Attorney for Chittenden County whereby the firm will "lend" two associates to the State's Attorney on a part-time basis. Serving as Special Deputy State's Attorneys, the Gravel and Shea associates will handle all aspects of misdemeanor matters assigned to them, including arraignment, case development, jury selection, pleas, trials, and sentencing. We see this as a win/win. The State's Attorney will get the benefit of two highly motivated and skilled young lawyers, and the lawyers and Gravel and Shea will benefit from the training and in-court experience the arrangement will provide. \Bob Hemley has been named the Best Lawyers' 2009 Vermont Bet-the-Company Litigator of the Year.Stewart McConaughy has been named the Best Lawyers' 2009 Vermont Corporate Lawyer of the YearAfter more than a quarter of a century in publication, Best Lawyers is designating "Lawyers of the Year" in high-profile legal specialities in large legal communities. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 15th edition of The Best Lawyers in America (2009), is based on more than 2.5 million detailed evaluations of lawyers by other lawyers. The lawyers being honored as "Lawyers of the Year" have received particularly high ratings in Best Lawyers' surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity. Gravel and Shea Joins TAGLawGravel and Shea recently joined TAGLaw, a global network of high-quality, independent law firms with more than 140 member firms in 100 countries. Prior to being offered membership in TAGLaw, law firms undergo a careful vetting process in order to ensure that clients of TAGLaw member firms receive the highest quality legal service regardless of where their business may take them. TAGLaw firms cover a broad spectrum of practice areas, and service clients ranging from start-up businesses to multinational corporations. Gravel and Shea is proud to be the exclusive TAGLaw member firm for the State of Vermont. For more information on TAGLaw please visit http://www.taglaw.com or contact Peter S. Erly at 802.658.0220 or at perly@gravelshea.com. January, 2009 Firm to Host Information Session Regarding New Family and Medical Leave RegulationsGravel and Shea employment lawyers Karen O'Neill and Heather Hammond will host an information session and continental breakfast at the Doubletree Hotel in South Burlington on January 12, 2009, explaining the voluminous changes to the Family and Medical Leave Act that will become effective January 16, 2009. Please contact Sue Hine at Gravel and Shea for more information or to attend the session. Matthew B. Byrne To Present on Pre-Judgment ReliefMatthew B. Byrne will appear with the Honorable J. Garvan Murtha, United States District Court Judge for the District of Vermont, and the Honorable Helen M. Toor, Presiding Judge, Washington County Superior Court, to discuss the topic of pre-judgment relief. The panel will appear at the Vermont Bar Association's Mid-Winter Thaw conference in Montreal, Canada, on January 17, 2009. More information can be found at the Vermont Bar Association website or clickhere. December, 2008 Successful Legal Malpractice DefenseBob Hemley and Norman Williams have successfully defended a prominent law firm against charges of fraud on the Court arising from the firm's representation of a large resort in a collection case against a promoter who had been found to have defrauded the resort. After a finding of fraud on the Court had been made by the United States District Court, Mr. Hemley and Mr. Williams intervened, and reversed the finding on appeal to the United States Court of Appeals. Matthew B. Byrne and Ross A. Feldmann Obtain Multi-Million Dollar JudgmentMatthew B. Byrne and Ross A. Feldmann obtained a $7.4 million judgment on a personal guaranty in the United States District Court of Vermont. Messrs. Byrne and Feldmann had previously replevied a large piece of machinery and are continuing to pursue recovery against other parties. November, 2008 Access to Court Records Obtained On Behalf of the Rutland HeraldRepresenting the Rutland Herald, Bob Hemley and Megan Shafritz obtained access to sentencing material in a high profile criminal case in Rutland District Court. Gravel and Shea has a long history of successful representation of the media in Vermont. Working quickly, Mr. Hemley and Ms. Shafritz responded to a call from the Herald on Friday afternoon, filed a motion on Sunday, and after a hearing, obtained access to the documents on Monday. September, 2008 Gravel and Shea is Ranked #1
Gravel and Shea has just been ranked Number One in Burlington, Vermont by The Best Lawyers in America® 2009. Twelve of the firm's attorneys were specifically selected for inclusion in Best Lawyers, which is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast 2.2 million votes on the legal abilities of other lawyers in their specialties. Gravel and Shea ranked Number One in Vermont for Bet-the-Company Litigation, Corporate Law, Intellectual Property Law, Mergers & Acquisitions, Mass Tort Litigation, and Criminal Defense. This distinction follows the recent recognition of eleven Gravel and Shea attorneys and the firm's Number One rankings in Litigation, Real Estate, and Corporate Law by Chambers USA, an independent publication which ranks lawyers based on opinions gathered from clients, colleagues and competitors. Gravel and Shea attorneys who were specifically recognized by Best Lawyers and Chambers are:
July, 2008 Matthew B. Byrne Recognized as a "Litigation Star."Matthew B. Byrne was named a Vermont "litigation star" in Benchmark's "Guide to America's Leading Litigation Firms and Attorneys." In addition to Mr. Byrne's recognition, Gravel and Shea was identified as one of the leading litigation firms in Vermont. June, 2008 Supreme Court Affirms Judgment Against Commercial LandlordGravel and Shea successfully defended a judgment of more than $230,000 in favor of a commercial tenant. When the tenant, a grocery store, was sued for eviction after it made improvements to its space, Gravel and Shea asserted a counterclaim for breach of contract by the landlord's bad faith refusal to meet with the tenant and confer over and approve fit-ups permitted under the lease. The trial court rejected the eviction claim and granted the tenant a judgment based on rents paid for the unusable space over several years. On appeal, the landlord argued that it had no duty to work with the tenant on construction-permitting issues because the tenant had an unequivocal responsibility to conform its space to local zoning requirements. Attorneys Ross Feldmann and Robert O'Neill at Gravel and Shea successfully argued that the implied covenant of good faith and fair dealing required cooperation on permitting issues. The Vermont Supreme Court agreed and affirmed the judgment. Vermont Passes Law to Allow Digital Corporations and LLC'sOn June 6, 2008, Governor James Douglas signed a new Vermont law which includes a number of provisions intended to authorize and encourage digital or virtual corporations and limited liability companies to organize in Vermont. To that end, the law is the first in the country to authorize companies to retain records in electronic form (with or without written hard copy), and to hold meetings and otherwise communicate with each other electronically. Peter Erly was actively involved in the passage of that legislation and is continuing to assist companies interested in taking advantage of these new digital business provisions. Gravel and Shea Obtains Dismissal of Lawsuit Filed by Purchaser of Fake ArtworkThe purchaser of a counterfeit Georgia O'Keeffe watercolor filed suit in New York against one of the nation's leading O'Keeffe experts, alleging fraud, negligent misrepresentation, breach of warranty, and six other claims. Representing the expert, Gravel and Shea litigator Andrew Manitsky moved to dismiss the complaint, arguing that the plaintiff did not have a valid claim under any of the nine legal theories alleged, and that, in any event, all claims were barred by applicable statutes of limitations. The U.S. District Court for the Southern District of New York agreed with both arguments, and on June 2, 2008, issued a 38-page decision dismissing plaintiff's complaint in its entirety. March, 2008 Landmark Ruling in Tent-Collapse Case Leads to Sizable SettlementIn March, Gravel and Shea attorneys Robert Hemley, Norman Williams, and Heather Hammond obtained a seven-figure settlement on behalf of nine wedding guests killed or badly injured when a tent collapsed on Isle La Motte on June 26, 2004. Due to an inadequate number of stakes, the large party tent was unable to withstand winds from a summer thunderstorm. The aluminum center poles struck several guests as they came crashing down, killing one. Gravel and Shea represented the estate of a woman who was killed by the falling pole, as well as other guests who survived but suffered serious head injuries or emotional trauma. Two guests struck in the head suffered significant losses in cognitive abilities and will endure repeated, debilitating headaches for the rest of their lives. Others suffered major emotional trauma from witnessing the injuries of their loved ones. Family members watched in horror while trying to care for their mother and grandmother, whose skull was partially crushed and who bled profusely before she died. Another guest saw her husband collapse after being struck on the head by a falling pole. Gravel and Shea brought suit against both the tent's manufacturer and the local tent rental company. The firm located an engineer and expert in tent design who testified that the party tent did not have adequate staking to meet code or withstand the kind of wind speeds which are customary on Isle La Motte every summer. The firm also succeeded in obtaining a precedent-setting court ruling, which allowed victims to pursue their claims for emotional harm. (See Court's Entry Denying Defendants' Motions for Partial Summary Judgment) Before this case, Vermont did not allow "bystanders" to recover for the emotional distress caused by watching a loved one suffer serious injuries or death, unless the bystander also feared for his or her own safety. For instance, in a case in which a mother watched from a roadside as a negligent driver ran over her daughter as she got off the school bus, the mother was barred from recovering for emotional distress because she herself was not in danger. Gravel and Shea successfully persuaded the trial court to abandon this "zone of danger" requirement. The court held that a person who witnesses the serious injury or death of a loved one may seek compensation for emotional harm. In the wake of this landmark ruling, Gravel and Shea negotiated a sizable settlement for its clients. February, 2008 Corporation Law RevisionsOn behalf of the Vermont Bar Association Business Associations law committee, Peter Erly has taken an active role in drafting and presenting to the Vermont legislature amendments to the Vermont Business Corporations Act addressing stock options, shareholder agreements, conflicts of interest and other matters. The changes are intended to generally update certain parts of the Act based on changes made by in the Model Business Corporations Act. Acquisition of Point Bay MarinaA team of Gravel and Shea lawyers (Peter Erly, Michelle Farkas and Chip Mason) has successfully represented PBM Acquisition LLC in connection with its purchase of substantially all of the assets of Point Bay Marina in Charlotte, Vermont. Andrew Manitsky Speaks to International Delegation on Protection of Intellectual Property RightsAndrew Manitsky spoke to an international delegation from 20 countries who visited the U.S. as part of the Department of State's International Visitor Leadership Program. After meeting with the Department of Justice's Computer Crime and Intellectual Property Section, university professors, and officials from the Copyright Office and U.S. Patent and Trademark Office, the delegation traveled to Montpelier, Vermont to meet with members of the executive and judicial branch as well as with intellectual property attorneys. Speaking from the perspective of a Vermont trademark attorney and commercial litigator, Mr. Manitsky described the procedures and real-world strategies involved in protecting trademarks, including obtaining preliminary injunctive relief, and provided an overview of the legal standard under the Lanham Act for trademark infringement, unfair competition, and violation of the Anticybersquatting Consumer Protection Act. Mr. Manitsky also provided an analysis of copyright infringement litigation, using case studies from across the country in a multimedia presentation. Gravel and Shea Successfully Obtains a Dismissal of State Lawsuit That Sought to Avoid ArbitrationBob Hemley, Matt Byrne and Norman Williams, working with a team from Kirkland & Ellis, LLP, successfully defended an action brought by the State of Vermont against RJ Reynolds Tobacco Company, and other signatories to the 1998 tobacco Master Settlement Agreement. The action, brought in the Chittenden County Superior Court, sought to compel payments the State claimed were due. RJR and other tobacco companies contend that they are entitled to a reduction in the amounts due because of market share considerations. They successfully argued that the case was improperly brought in state court, and was subject to arbitration under the parties' agreement. The Superior Court agreed, dismissing the action, and in a decision issued on February 1, 2008, the Vermont Supreme Court affirmed the lower court's decision. November, 2007 Southard v. General ElectricBob Hemley and Andrew Manitsky won a defense verdict for General Electric in a wrongful discharge lawsuit filed by a former employee at GE's Aircraft Engine facility in Rutland, Vermont. The case was tried before a jury in Rutland Superior Court on a claim of breach of implied contract -- the one remaining claim after summary judgment dismissal of promissory estoppel and Vermont Fair Employment Practices Act claims. The 12-member jury returned its verdict on November 7, 2007. October, 2007 Gravel and Shea Resolves Long Running Insurance DisputeAfter nearly eight years of litigation, including an appeal to the Second Circuit and a reference to the Vermont Supreme Court for answers to certified questions, Craig Weatherly and Gravel and Shea succeeded in settling a contentious dispute over entitlement to insurance proceeds as trial approached and another appeal loomed. Our client was injured in a motor vehicle accident in the course of his employment. He recovered worker's compensation benefits, and the carrier claimed the right to reimbursement from the uninsured/underinsured provisions of the employer's liability policy and the client's personal policy. Knotty questions concerning the interpretation of an amendment to Vermont's worker's compensation statute kept the case tied up for years. The case was settled to the client's satisfaction as a hearing on damages was approaching and another appeal by the carrier was promised. This was a long and hard-fought battle, which was settled successfully through tenaciousness and attention to detail. Robert Hemley Named Super LawyerRobert B. Hemley, a shareholder in the firm of Gravel and Shea, has been named one of the Top 100 Super Lawyers in New England following a nomination, research and review process. Mr. Hemley's practice includes both civil and criminal litigation, in state and federal courts. Additionally, Mr. Hemley was recently named as one of ten members of the Northeast Subcommittee of the International Court of Arbitration. Gravel and Shea is Ranked #1 in Burlington, Vermont, with 11 Attorneys
Eleven of the firm's shareholders have been selected for inclusion in the latest edition of The Best Lawyers in America® 2008. This year's list was compiled through an extensive peer-review survey representing more than 1.9 million evaluations. Click here for the full article.
August, 2007 Gravel and Shea Obtains Ruling Declaring Fraternity Exempt from Property TaxHeather Rider Hammond and Ross Feldmann recently obtained a favorable ruling from Judge Ben Joseph in a tax dispute with the City of Burlington. The City alleged that Gravel and Shea's client, a fraternity at the University of Vermont, owed property taxes despite a statute exempting fraternities from having to pay property tax. Ms. Hammond and Mr. Feldmann successfully argued that the exemption does not include an implied use component and defended against the City's claim that the property – which was being renovated – was merely being held for investment purposes. Karen O'Neill Presents to the Society for Human Resource ManagersKaren O'Neill was a presenter at a seminar sponsored in August by the Vermont Human Resources Association titled: Strategies of Effective Negotiation: How to Produce Good Outcomes From Difficult Situations. July, 2007 Karen O'Neill Joins the FirmIt is with great pleasure that we announce that Karen O'Neill has joined Gravel and Shea as a shareholder. Karen brings with her a wealth of experience in business, human resource management and the energy industry and will be a tremendous addition to the firm. Karen moved to Vermont over twenty years ago after serving as an Assistant U.S. Attorney for the District of Columbia to work as in-house counsel and, later, vice president of human resources and organizational development for Green Mountain Power Corporation. She subsequently led the legislative and regulatory affairs team for its spin-off national renewable energy marketing company, Green Mountain Energy Company, for a number of years. Karen received her B.A. degree from the University of Pennsylvania and her J.D. degree from George Washington University. At Gravel and Shea, Karen is concentrating her practice in the areas of employment and labor law, energy law, utility regulation and dispute resolution. May, 2007 Andrew Manitsky Speaks at Mediation and Early Neutral Evaluation SeminarOn May 4, 2007, Andrew Manitsky spoke at a seminar on mediation and early neutral evaluation sponsored by the United States District Court, District of Vermont. On a panel with Judge Murtha and Judge Neidermeier, Mr. Manitsky presented an analysis of recent trends in the Vermont ENE program, effective mediation techniques, and the requirements under Local Rule 16.3. April, 2007 Timothy Eustace Joins the FirmGravel and Shea is pleased to announce that Timothy Eustace joined the firm's real estate department in April of 2007 as special counsel. Tim received his undergraduate degree from the University of Vermont in 1992 and graduated from Vermont Law School in May of 1996. Tim was previously employed at a prominent municipal law firm in Burlington, Vermont since 1996, where he concentrated on real estate, construction law, labor and employment matters and litigation. We look forward to having Tim as part of the Gravel and Shea team. March, 2007 Andrew Manitsky Speaks at Intellectual Property SeminarOn March 23, 2007, Andrew Manitsky spoke at a seminar on intellectual property at the Vermont Bar Association's Mid-Year Meeting. Mr. Manitsky discussed trademark litigation, including obtaining preliminary injunctive relief, proving trademark infringement, and dealing with domain name disputes and cybersquatting, among other trademark litigation issues. Mr. Manitsky is Chair of the VBA's Intellectual Property Section. February, 2007 Gravel and Shea Successfully Settles Legal Malpractice ActionGravel and Shea has recently achieved a successful settlement of a legal malpractice action. Lemieux v. Richard T. Franco, Esq. and Franco, Benjamin & Kazmarski, filed in Orleans County Court, charged that Richard Franco, a lawyer practicing in Newport and since retired, failed to file a medical malpractice claim on behalf of his client Linda Lemieux within the statute of limitations. Mr. Franco and his former firm raised numerous defenses. They claimed that Mr. Franco made a professional judgment not to file within the statutory periods afforded by 12 VSA § 521, and instead reasoned that the "continuous treatment doctrine" would be adopted by the Vermont Supreme Court. Accordingly, Mr. Franco and his firm claimed that the statute had not actually run, and that even if it had, he was protected by "judgmental immunity." Mr. Franco and his firm also claimed that even if he had allowed the statute to run, there was no causation because the medical malpractice action would not have been successful. The underlying medical malpractice claim against the Family Practice of Newport arose from a misdiagnosis of sinus cancer which proved fatal to Linda Lemieux. The defense argued that the family practitioners could not have reasonably been expected to discover that Mrs. Lemieux had cancer, and that even a timely diagnosis would not have altered the outcome. Gravel and Shea obtained a settlement of $500,000 from Mr. Franco and his firm for the damages Mrs. Lemieux and her husband experienced during the three-year period between the time the correct diagnosis of cancer was made and Mrs. Lemieux's death. This was in addition to $325,000 paid by Family Practice of Newport for the wrongful death damages. The case was handled by Robert B. Hemley and Norman C. Williams. 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:
Gravel and Shea Obtains Approximately $220,000 Verdict on Behalf of TenantIn 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. Gravel and Shea Obtains Summary Judgment for GE in an Employment CaseBob 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. Gravel and Shea Obtains Favorable Ruling for the City of Montpelier in a Suit Brought by Union and Non-Union EmployeesBob 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. Gravel and Shea Obtains Favorable Settlements for AmtrakGravel 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. Successful Settlement in Personal Injury ActionBob 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. Gravel and Shea's Mediation Services Continue to Provide Assistance to LitigantsBob 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. September, 2006 Litigation Team Obtains Summary Judgment in Civil Rights CaseBob Hemley and Heather Rider Hammond successfully defended a local attorney accused of violating the civil rights of a school board official in Windsor County, Vermont. In a lengthy decision, Judge William K. Sessions III of the United States District Court for the District of Vermont entered summary judgment for the firm's client on all counts against him. Ross Feldmann Joins the FirmGravel and Shea is pleased to announce that Ross Feldmann joined the firm's litigation department in September of 2006. Ross completed his undergraduate studies in 1999 at Syracuse University, summa cum laude, and received his law degree from Cornell Law School, magna cum laude, in 2004. He clerked for the Vermont trial courts and for Hon. James I. Cohn in the U.S. District Court for the Southern District of Florida. We look forward to having Ross as part of the Gravel and Shea team. May, 2006 Motor Vehicle Accident Case SettlesRobert O'Neill and Heather Rider Hammond successfully settled a significant personal injury case on the eve of trial. Gravel and Shea's client was seriously injured when her automobile was struck by a 25-year old employee of Accenture, Inc., a national consulting firm. The employee had been working in Boston, and had come to Vermont for the weekend to visit friends. After defeating Accenture's claim on summary judgment that the tortfeasor was not acting within the scope of his employment at the time the accident occurred, the parties settled the case the day before trial for $690,000. March, 2006 Gravel and Shea Defends Against Substantial Claim for Damages Against AttorneyAfter being fully reimbursed all of the monies an attorney wrongfully commingled, the attorney's former clients brought a civil action for up to $900,000 in damages. Bob O'Neill successfully defended against this claim for damages, and the jury in Rutland returned a verdict for $9,000. August, 2005 Gravel and Shea Ranked #1 in Chambers USAGravel and Shea has once again been ranked as a "leading firm" in Chambers USA, an independent publication that ranks lawyers based on opinions gathered from clients, colleagues and competitors. The Firm is ranked in the first tier of leading firms in all four categories: Corporate/M&A, Employment, Litigation (General Commercial) and Real Estate. In addition, ten of the Firm's lawyers are highlighted as "leading individuals," namely, Stewart McConaughy, Peter Erly and Margaret Montgomery (in Corporate/M&A); Heather Briggs (in Employment); Robert Hemley, Robert O'Neill and Andrew Manitsky (in Litigation); and Robert Rushford, Michelle Farkas and John Ponsetto (in Real Estate). |
