Andy MacIlwaine

My Approach

I work closely with my clients to solve their complex legal problems by understanding their business and operational needs and applying the skills and knowledge I have gained through my courtroom experience to achieve positive outcomes. Accessibility, communication, and responsiveness are cornerstones of my practice, and I pride myself on being a trusted advisor and dogged advocate for their interests.

Practice Areas

Civil Litigation
I represent clients in complex litigation matters, including commercial, land use/environmental, real estate, and insurance coverage disputes. I also regularly advise clients in matters of regulatory compliance and risk avoidance. My clients include local businesses and municipalities, large national companies, colleges and universities, financial institutions, insurance carriers, policyholders, and individuals. I have successfully litigated cases in both state and federal courts, obtained favorable verdicts for my clients in bench and jury trials, and represented clients in appeals before the Vermont Supreme Court and U.S. Court of Appeals for the Second Circuit.

Experience

• Secured defense verdict in a personal injury suit against a commercial tent rental company following multi-day trial
• Obtained dismissal of lawsuits filed against commercial construction company in which the plaintiff corporations sought combined damages in excess of $7 million
• Persuaded court to dismiss high-profile federal lawsuit by former student-athlete alleging contract and constitutional claims against university and coach following his dismissal from Division I hockey program
• Obtained summary judgment for the principal of a manufacturing company in a commercial breach of contract action filed by the former company owners
• Law Clerk, Hon. Edward L. Hogshire, Charlottesville Circuit Court, 16th Judicial District of Virginia (2007)
• Vermont Law Review, Articles Editor
• Moot Court Advisory Board, Jessup International Team Member

Professional Affiliations

• Federation of Defense & Corporate Counsel (FDCC)
• Defense Research Institute (DRI), Vermont State Representative
• Tri State Defense Lawyers Association (TDLA), President
• Vermont Bar Association

Publications

• Authored chapter for DRI Rescission Compendium
• Product Liability Desk Reference: A Fifty State Compendium (Co-Editor of the Vermont chapter 2010-2013, 2019 Editions)
• “Keeping the House in Order: The Vermont Supreme Court Denies Negligence and Implied Warranty Remedies for Subsequent Home Buyer Against General Contractor in Construction Defect Case,” (TDLA Fall Newsletter 2012)