Author: Dinse
Sam Hoar appointed to Vermont Superior Court
Dinse, Knapp & McAndrew, P.C. is pleased to announce that Samuel Hoar, Jr. has been appointed to the Vermont Superior Court, by Governor Peter Shumlin. He will be sworn in on March 26, 2014. Mr. Hoar will be replacing retired Judge Patricia Zimmerman.
Mr. Hoar has been a Director and Partner of the firm since 1992 and is a past president of the Vermont Bar Association and the Vermont Bar Foundation. He has also served as a member of the Vermont Supreme Court Civil Rules Advisory Committee and its Jury Policy Committee. Mr. Hoar was the founding Chair of the Vermont Bar Association’s Roundtable on the Profession. Most recently, he has been the co-chair of the Bar Foundation’s Access to Justice Campaign, which helps support legal services for underserved Vermonters.
About Dinse, Knapp & McAndrew, P.C.
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the most established and well respected law firms serving Vermont and the Adirondack Region of upstate New York. Dinse applies its experience, drive and intellectual capital on the side of every client relationship. It’s why Dinse is seen as the “go-to” firm to navigate today’s most complex legal problems. Chambers USA gives Dinse its highest rankings for the strength and reputation of its attorneys. For over 95 years, the firm has served its clients in important cases, transactions and legal developments. www.dinse.com
Dinse Attorneys Win Transfer of Jurisdiction Over ANR Corrective Action Plan from Civil Division to Environmental Division
Dinse represents Bradford Oil Company, Inc. in a civil enforcement action (Docket No. 307-5-06 Wncv) brought by the State of Vermont with respect to the release of hazardous materials on property owned by Bradford Oil in Springfield, Vermont. The property at issue was used as a manufactured gas plant between 1906 and 1951. The MGP caused significant contamination of which the State was aware as early as 1991. Bradford Oil purchased the long-abandoned property in 1998 and built a convenience store and gas station. Shortly after acquiring the property, the Agency of Natural Resources ordered Bradford Oil to remediate both its property and the adjoining Jones and Lamson property with respect to contamination associated with the manufactured gas plant. The State filed an enforcement action in the Civil Division and the case has been in active litigation since 2006.
On May 1, 2013, the Agency of Natural Resources released its Corrective Action Plan for the site. Bradford Oil appealed the Agency’s decision to the Environmental Division pursuant to 10 V.S.A. 8503 (Docket No. 139-10-13 Vtec) The State of Vermont moved to dismiss the Environmental Division action on the ground that the Civil Division had exclusive jurisdiction over enforcement actions under 10 V.S.A. § 8221 and that the CAP was part of the pending enforcement action. Bradford Oil objected to these arguments and reasoned that the CAP was an independent process initiated by the Agency subject to appeal via the ordinary course of other Chapter 159 decisions. Since Bradford Oil had not refused to comply with the CAP, but merely sought to test the merits of ANR’s determination, the CAP was not yet ripe for enforcement under § 8221.
On December 20, 2013, the Civil Division (Teachout, J.), without deciding the jurisdictional question, held that the CAP appeal should be heard in the Environmental Division because it had primary jurisdiction with respect to the subject matter and Judge Walsh was specifically assigned pursuant to V.R.C.P. 16.1. The Civil Division observed that the Environmental Division had specific expertise related to environmental contamination issues, and that issues of standing of non-parties was more easily addressed under Environmental Division rules. The Civil Division also held that a final determination with respect to a remedy was necessary before an enforcement action was ripe in the case.
The State has filed a motion to vacate the Civil Division’s order or, in the alternative, request permission to file an interlocutory appeal. Significant issues with respect to court and agency jurisdiction, as well as the scope of constitutional due process protections afforded to parties, are in play. We will keep you apprised of developments as they unfold.
Please contact Scott Fewell or Joe Wonderly for additional information.
Nolan Co-Authors Chapter in International Handbook of Threat Assessment
A chapter co-written by Jeff Nolan of Dinse’s Higher Education Practice Group (with co-authors Gene Deisinger, Ph.D. and Marisa Randazzo, Ph.D.) titled “Threat Assessment and Management in Higher Education: Enhancing the Standard of Care in the Academy” was published in December, 2013 in the International Handbook of Threat Assessment. This peer-reviewed Handbook, which compiles chapters covering the basics of threat assessment and management, threat assessment in specific fields of practice such as higher education and schools, and best and promising practices in threat assessment and management operations, was published by the Oxford University Press.
Dinse Attorneys to Host Master Class on the Family and Medical Leave Act (FMLA)
Amy McLaughlin, Jeff Nolan and Sophie Zdatny will be hosting a day long Master Class on the Family and Medical Leave Act (FMLA) at the Sheraton Burlington Hotel and Conference Center on January 23rd.
New England Super Lawyers Recognizes Karen McAndrew Among the Top 100 Attorneys and Top 50 Women Attorneys in New England
Dinse, Knapp & McAndrew is pleased to announce that Karen McAndrew has been included by Super Lawyers in the Top 100 Attorneys and the Top 50 Women Attorneys in New England. Karen is senior litigation counsel at Dinse focusing on Complex Litigation, Employment and Higher Education Law.
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the oldest and largest law firms serving Vermont and the Adirondack Region of upstate New York. For over 95 years, the firm has served its clients in important cases, transactions and legal developments.
New England Super Lawyers Recognizes Eleven Dinse, Knapp & McAndrew Attorneys
Dinse, Knapp & McAndrew announces that ten attorneys have been selected for inclusion on the New England Super Lawyers 2013 list in seven different classes, and one attorney has been selected for inclusion on the Rising Stars 2013 list. Attorneys are identified as “Super Lawyers” based on extensive nomination and polling among New England attorneys aimed at identifying New England’s top attorneys in each class. Attorneys are identified as being “Rising Stars” based on extensive nomination and polling among New England attorneys who are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less.
The practice areas and the attorney(s) listed in each area for the New England Super Lawyers 2013 list are as follows:
- Business Litigation: Ritchie Berger, W. Scott Fewell, Karen McAndrew
- Civil Litigation Defense: Samuel Hoar, Jr.
- Employment & Labor Law: Jeffrey Nolan
- Estate Planning & Probate: Mark Langan
- Health Care Law: Spencer Knapp, Linda Cohen
- Real Estate Law: Molly Lebowitz, Austin Hart
- David Gurtman has been selected for inclusion on the Rising Stars 2013 list in the practice area of Business/Corporate Law.
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the oldest and largest law firms serving Vermont and the Adirondack Region of upstate New York. For over 95 years, the firm has served its clients in important cases, transactions and legal developments.
Nolan Presents on Disability Law and Sexual Violence Issues
In October, 2013, Jeff Nolan of Dinse’s Higher Education Practice Group presented three sessions to a national-draw audience at the University of Vermont’s Legal Issues in Higher Education conference. Jeff did two presentations regarding how colleges and universities should respond to complaints of sexual violence on campus in light of the Campus SaVE Act (effective March, 2014), and one presentation regarding how institutions should work to accommodate students with autism spectrum disorders and other cognitive disabilities. In November, 2013, Jeff did a presentation at the University of New Hampshire for the Northern New England Chapter of the College and University Personnel Association regarding new issues that employers are likely to face given the expansion of mental disorders outlined in the fifth edition of the Diagnostic and Statistical Manual for Mental Disorders (“DSM-5”).
Best Lawyers Recognizes Two Dinse Attorneys as Burlington Best Lawyers Lawyer of the Year
Best Lawyers has named Ritchie Berger and Mark Langan of Dinse, Knapp & McAndrew as the Commercial Litigation “Lawyer of the Year” and Trust & Estates “Lawyer of the year”, respectively, for 2014 in the Burlington area. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.” Best Lawyers compiles its lists of outstanding attorneys through exhaustive peer-review assessments they conduct with thousands of leading lawyers each year.
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the oldest and largest law firms serving Vermont and the Adirondack Region of upstate New York. For over 95 years, the firm has served its clients in important cases, transactions and legal developments.
Best Lawyers Recognizes Fourteen Dinse Attorneys
The Best Lawyers in America® 2014 (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.) in twenty different practice areas. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
The practice areas and the attorney(s) listed in each area are as follows:
- Commercial Litigation: Ritchie E. Berger, Samuel Hoar, Jr., Karen McAndrew
- Corporate Compliance: David Gurtman
- Corporate Governance Law: Brian Murphy
- Corporate Law: Jeffrey J. McMahan, Brian R. Murphy
- Employment Law – Management: Amy M. McLaughlin, Jeffrey J. Nolan
- Immigration Law: Leigh Polk Cole
- Insurance Law: Barbara E. Cory
- Litigation – Construction: Karen McAndrew
- Litigation – Environmental: Samuel Hoar, Jr.
- Litigation – Intellectual Property: Shapleigh Smith, Jr.
- Litigation – Labor & Employment: Amy M. McLaughlin
- Medical Malpractice Law – Defendants: Ritchie E. Berger, Samuel Hoar, Jr.
- Mergers & Acquisitions Law: Brian R. Murphy
- Non-Profit / Charities Law: Brian R. Murphy
- Personal Injury Litigation – Defendants: Ritchie E. Berger, Samuel Hoar, Jr., Karen McAndrew
- Product Liability Litigation – Defendants: Shapleigh Smith, Jr.
- Real Estate Law: Austin D. Hart, Molly K. Lebowitz
- Tax Law: Mark A. Langan
- Technology Law: Jeffrey J. McMahan
- Trusts and Estates: Mark A. Langan
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the oldest and largest law firms serving Vermont and the Adirondack Region of upstate New York. For over 95 years, the firm has served its clients in important cases, transactions and legal developments.