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Author: Dinse

NEWS

New Litigation Attorney Joins Dinse

Dinse, Knapp & McAndrew is pleased to announce that Justin B. Barnard joined the firm in July as an associate attorney.

Mr. Barnard is a member of the firm’s litigation group with a focus on civil litigation. Prior to joining the firm, Mr. Barnard served as a lead litigator for the Maine Department of Health and Human Services in the Maine Attorney General’s Office. Mr. Barnard represented the State of Maine in both federal and state courts, including class actions and lawsuits involving complex issues of constitutional and federal law. In 2013, Mr. Barnard successfully briefed and argued an appeal in an equal protection class action before the First Circuit, obtaining dismissal of the case. Mr. Barnard is a graduate of Stanford Law School and Dartmouth College.

Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the largest law firms serving Vermont and the northern tier of New York.

NEWS

New Real Estate Paralegal Joins Dinse

Dinse, Knapp & McAndrew is pleased to announce that Sarah L. Cromie joined the firm in June as a paralegal.

Ms. Cromie is a member of the firm’s real estate group with a focus on residential and commercial real estate transactions. Prior to joining the firm, Ms. Cromie worked at Paul Frank + Collins as a Legal Administrative Assistant in the real estate practice group. Ms. Cromie has eleven years of experience in the real estate industry, seven of which have been in law and primarily focused on residential and commercial real estate transactions. Ms. Cromie attended Champlain College.

Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the largest law firms serving Vermont and the northern tier of New York.

NEWS

Benchmark Litigation Recognizes Karen McAndrew as one of the Top 250 Women in Litigation

Dinse, Knapp & McAndrew is pleased to announce that Karen McAndrew has been included among Benchmark Litigation’s Top 250 Women in Litigation. This distinction is given based primarily on targeted research completed during the US Benchmark Litigation review process and is dedicated to honoring America’s leading female trial lawyers. Important elements during this research were peer review and overall depth of their litigation careers. Top 250 Women in Litigation features female litigators from all 50 states.

Karen McAndrew has had an active litigation practice for more than 30 years, and is a Fellow of the American College of Trial Lawyers. She has tried numerous cases to verdict in both state and federal courts, has handled appeals to the Vermont Supreme Court as well as the U.S. Court of Appeals for the Second Circuit, and has represented clients in arbitrations and mediations.

Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the largest law firms serving Vermont and the northern tier of New York.

NEWS

Dinse Receives Top Rankings in Chambers USA 2014

The 2014 edition of Chambers USA, a leading directory of American lawyers and law firms, recognized 11 Dinse attorneys in their practice areas. The new guide, released May 23, also recognizes the firm as among Vermont’s best in every category of practice.

The firm’s Labor & Employment group was described as a “Deep bench with a broad range of technical expertise, covering all employment law bases”, with Chambers’ sources describing Dinse as “extremely well qualified, responsive and high caliber across the board.”

The firm’s Litigation group received the highest possible rating and clients agreed that Dinse’s Litigation group is “outstanding; thorough, completely proactive, able to be reactive when dealing with immediate matters, open and direct.”

The firm’s Real Estate group also received the highest ranking and was described by Chambers as a “Standout practice representing developers of solar, wind, and biomass energy in permitting and real estate matters.”

And the firm’s Corporate/Commercial group was top-ranked, Chambers’ sources saying Dinse is “a top firm. They have a group of people with knowledge in different areas so they are comfortable no matter what the concern.”

Corporate/Commercial (Band 1)
Afi Ahmadi (Band 3)
David Gurtman (Up and Coming)
Brian R. Murphy (Band 1)
Jeffrey J. McMahan (Band 1)

Intellectual Property
Jeffrey J. McMahan (Band 2)

Labor & Employment (Band 1)
Amy M. McLaughlin (Band 2)
Jeffrey J. Nolan (Band 2)
Karen McAndrew (Band 1)
Sophie Zdatny (Associate to Watch)

Litigation: General Commercial (Band 1)
Ritchie Berger (Band 1)
Ritchie Berger (Spotlight Table)
Karen McAndrew (Band 1)

Real Estate (Band 1)
Austin Hart (Band 1)
Molly Langan (Band 1)

Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the largest law firms serving Vermont and the northern tier of New York.

NEWS

Nolan presents seminars on sexual violence prevention, threat assessment and workplace violence prevention

In April, 2014, Jeff Nolan of Dinse’s Higher Education and Employment practice groups presented a session on Campus SaVE Act implementation and training at the University Risk Management and Insurance Association’s Northeastern Regional Conference in Wellesley, Massachusetts, a session on workplace threat assessment and reintegration of “scary” employees into the workplace at the BLR Safety Summit in Atlanta, Georgia, and a session on threat assessment and the law at the Virginia Center for School and Campus Safety Threat Assessment Conference in Richmond, Virginia.

NEWS

Dinse goes Solar!

Dinse, Knapp & McAndrew PC proudly announces the completion of a renewable energy project intended to reduce the firm’s carbon footprint. Dinse serves as counsel to clients financing and developing renewable energy projects in Vermont and New York.

Dinse will benefit from the power generated by the 16.5 kW project consisting of 55 300-watt solar panels on the roof of the firm’s building at 209 Battery Street in Burlington, Vermont. The installation was coordinated by Encore Redevelopment of Burlington, Vermont, and designed and installed by Peck Solar of South Burlington, Vermont. The project was commissioned on April 9, 2014.

The solar array creates a clean renewable energy resource for 25 to 30% of the electrical demand associated with the office equipment at Dinse, a 30-attorney firm.

“Dinse is a champion member of Vermont Businesses for Social Responsibility (VBSR) and we own our building, so we’ve been excited about a solar energy project for the firm,” says Leigh Cole, a partner at Dinse and leader of the firm’s Social Responsibility Committee. “We advise clients on the legal aspects of renewable energy projects but a project build-out is beyond our skill set. We’re lawyers, not developers. So we partnered with Chad Farrell and Encore Redevelopment and they brought the project to life within a few months. Their guidance and management made it easy for us.”

Dinse, Knapp & McAndrew PC is one of the largest law firms in Vermont and the northern tier of New York. We have the lawyers and resources to handle the most complex cases and transactions, including renewable energy projects. The firm has been a Champion member of Vermont Businesses for Social Responsibility (VBSR) since 2011. For more information, contact David Gurtman in our Renewable Energy practice group, dgurtman@dinse.com, (802)859-7048.

Nolan presents Campus SaVE Act seminar and leads discussion group

Jeff Nolan of Dinse’s Higher Education Practice Group recently participated in the National Association of College and University Attorneys’ Spring Conference in Miami, which focused on “Student Sexual Misconduct: Addressing Institutional Culture and Compliance.” Jeff co-presented a session on the changes to institutional policies and practices required by the Campus SaVE Act, which went into effect March 7, 2014 and requires colleges and universities to respond to and provide training regarding domestic violence, dating violence, sexual assault and stalking. Jeff also co-led a discussion group regarding how institutions should work with local law enforcement where on-campus misconduct may also implicate the criminal justice system.

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.