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Reported Cases

REPORTED CASES AND MISCELLANEOUS

W.E. “NED” WHITTINGTON

  • Field v. Mans, 133 L.Ed.2d 351, 116 S.Ct. 437 (U.S. Supreme Court 1995). On behalf of bankruptcy debtor, successfully argued in U.S. Supreme Court for “justifiable reliance” requirement in order for creditor to overcome general discharge policy of the Bankruptcy Code.
  • Ostler v. The Codman Research Group, Inc., 98-cv-356; — F. Supp. 2d — (D.N.H. 1999). Successfully argued that in a 10b-5 securities fraud case the purchaser-seller requirement is met by option-holder.
  • Galloway v. Chicago-Soft, Ltd., 142 N.H. 752 (N.H. 1998). Wage claim appeal.
  • Field v. Mans, 157 F. 3d 35 (1st Cir. 1998). After remand from U.S. Supreme Court, dealt with “law of case” issues.
  • Field v. Mans, 210 B.R. 1 (B.A.P. 1st Cir. 1997). At Bankruptcy Appellate Panel, addressed new reliance standards.
  • McKeown v. Dartmouth Bookstore, Inc., 975 F. Supp. 403 (D.N.H. 1997). Discrimination case.
  • Banker v. Nighswander Martin & Mitchell, 37 F. 3d 866 (2d Cir. 1994). Lawyer malpractice case. On behalf of plaintiff, obtained plaintiff’s verdict. After remand, award was increased to $416,000 (plus interest); affirmed on second appeal and collected in full.
  • Phillips v. Verax Corp., 138 N.H. 240, 637 A. 2d 906 (1994). Obtained a $534,000 jury verdict ($900,000 with interest) for plaintiff in business fraud case; reduced by court to $359,000; affirmed on appeal and collected in full.
  • Weale v. Lund,
    649 A. 2d 247Vt. 1994). Obtained plaintiff’s judgment of $80,000 in commercial case, affirmed in Vermont Supreme Court.
  • Nordica v. Deloitte & Touche, 839 F. Supp. 1082 (D.Vt. 1993). Defended accountant malpractice claims on behalf of defendant Deloitte & Touche.
  • Gannon v. Quechee Lakes Corp., 162 Vt. 465, 648 A. 2d 1378 (Vt. 1994). Obtained reversal (case handled by other counsel in trial court) in appeal relating to developer/property owner association dispute in Vermont’s largest resort community (1,800 members).
  • Budzius v. Robert Bosch Corp., 1989 WL 152834 (N.D. Ill. 1989). Obtained summary judgment for employer in commissions/ wrongful discharge case. I left Chicago and withdrew from the case shortly before the decision was issued.)
  • Norris v. Estate of Norris, 143 Ill. App. 3d 741 (1986). Probate dispute as part of larger 10b-5 securities fraud action which resulted in jury award for my client, Susan Norris, of $1.5 million.
  • Van C. Argiris & Co. v. FMC Corp., 144 Ill. App. 3d 750; 494 NE 2d 723 (1986). Commercial commission dispute.
  • Barnes v. St. Catherine’s Hospital, 563 F. 2d 324 (7th Cir. 1977). Defendant’s verdict for hospital in discrimination/
    wrongful discharge case. Affirmed on appeal.

INTELLECTUAL PROPERTY

  • T-Peg, Inc. v. Vermont Timber Works, Inc., 459 F. 3d 97 (1st Cir. 2006), 669 F. 3d 59 (1st Cir. 2012). Defended timberframe designer in copyright infringement action in first reported case addressing “architectural work” copyright. Obtained summary judgment, reversed on appeal, then obtained defendant’s verdict at trial plus attorney’s fees.
  • Burgin v. LaHaye, No. 10-13394 (11th Cir. 2011). Defended Tim LaHaye and Jerry Jenkins, two multiple New York Times No. 1 best‑selling authors (the Left Behind series), in copyright infringement action in federal court in Alabama. Obtained summary judgment, then affirmance on appeal (Atlanta).
  • Thoene v. New Line Productions, Inc. and Tyndale House Publishers, Inc., 07-cv-5655 (C.D. California 2007). Successfully defended national publisher against allegations of copyright infringement arising out of collaboration in Mel Gibson film The Passion of the Christ.
  • Davis Frame Co., Inc. v. Reilly, 05-cv-160 (D.N.H. 2005). Successfully prosecuted architectural plans copyright infringement case.
  • M & C Realty, Inc. v. Q L Resorts, LLC, 05-cv-242 (D. Vt. 2005). Successfully prosecuted trademark infringement case against Vermont’s largest planned resort developer.

ACCOUNTANT’S MALPRACTICE

  • FDIC v. A.M. Peisch & Co., (D. Vt. 1995). Defended the auditors of three failed banks in what I believe was the largest accountant’s malpractice case in Vermont (settled on favorable, confidential terms).
  • Numerous other representations, including complete trials (all defendant’s verdicts).

OTHER SIGNIFICANT CASES AND MISCELLANEOUS

  • Brecher v. Specialty Paperboard, et al., (D. Vt. 1994). On behalf of Boise Cascade Corp., obtained dismissal with prejudice of shareholder 10b-5 class action.
  • FDIC v. Bijan-Sara Corp., (D. Vt. 1994 and 2d Cir. 1996). Obtained $1.1 million judgment against Woodstock/st1:place> developer.
  • Merritt v. AMS Anlagenplanunggesellschaft m.b.H, (D. Vt. 1998). Business fraud case involving failed $200 million German brewery in Windsor, Vermont.
  • Aubin v. River Valley Fitness One, L.P., (D.N.H. 2000). Defended large health and fitness club against sexual harassment claim. Judgment for health club on all claims, and $50,000 judgment for health club on counterclaims.
  • Bacon v. Quechee Lakes Landowners’ Association, Inc., (Vt. 2001). Obtained jury award granting commission for sale of 90 lots in resort community, affirmed on appeal at Vermont Supreme Court.
  • Rapore v. Gehring, (N.H. 2001). Obtained approx. $80,000 judgment, plus legal fees, for client’s professional fees, affirmed in N.H. Supreme Court.
  • McMillen v. Scheffy, (N.H. 2002). Obtained $80,000 judgment for landowner for fraudulent misrepresentation, reversed in N.H. Supreme Court.
  • Beaton V. Manley, (D.N.H 2003). Successfully defended two Vermont judges in New Hampshire federal court against claims of exceeding authority.
  • McFeeley v. Precision Contract Manufacturing, Inc. (Vt. 2003). Obtained defendants’ verdict for manufacturing company in suit by former executive for lost compensation, stock options, executive bonus. Affirmed on appeal.
  • Sheppard v. River Valley Fitness One., L.P., (D.N.H. 2003). Obtained summary judgment for principals of health club on numerous claims by former employee.