Practices - Litigation

Personal Injury & Property Damage Defense

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Count on attorneys who have “been there, done that” to defend your business in the face of a claim.

Downs Rachlin Martin’s litigators represent a wide range of businesses, from large national companies, to some of the most well-known companies in Vermont, New Hampshire, and northern New England, to small “mom and pop” companies, and represent them all with the same diligence, skill, and thoroughness.

We are committed to the aggressive and cost-effective defense of claims. The practice is led by Walter Judge, an experienced trial attorney engaged strictly in the defense of claims for insured and self-insured clients.

The team has tried hundreds of cases to verdict in the state and federal courts of Vermont and northern New England in cases involving:

  • Premises liability
  • Retailer liability
  • Automotive liability
  • Trucking liability
  • Dram Shop liability
  • Products liability and/or breach of warranty, including automobiles, consumer goods, household appliances, food products, toy and recreation equipment, and construction materials.

Recent Personal Injury and Property Damage Defense Accomplishments

Walter Judge and his team have defended supermarkets and other retail establishments in numerous slip-and-fall type claims in the last 15 years and obtained predominantly defendant’s verdicts in courtrooms throughout Vermont.  Additionally, the team:

  • Defended a national food manufacturer against a class-action lawsuit alleging false labeling of products as “all-natural.”
  • Defended a regional granite quarry company against a shareholder derivative class action strike suit as a result of a going-private transaction;
  • Defended an airline company in a high-profile discrimination claim involving a breast-feeding mother;
  • Defends insurance agencies against allegations of professional negligence in failing to procure proper or adequate insurance coverage for customers;
  • Currently defends a helicopter medi-flight company in a high-profile negligence claim involving an injured infant.

Walter and his team also represent national and local businesses in enforcing non-competition and confidentiality agreements, and protect against intellectual property theft by ex-employees and by other businesses, including trade secret misappropriation; copyright, trademark, and patent infringement; solicitation; and unfair competition.

Director Walter Judge

Walter E. Judge

Director

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Attorney Jennifer McDonald

Jennifer E. McDonald

Director

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Litigator Evan J. O’Brien

Evan J. O’Brien

Director

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James C. Gallagher of Counsel

James C. Gallagher

Of Counsel

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Attorney Marc Heath

Marc B. Heath

Of Counsel

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Director Robert D. Rachlin

Robert D. Rachlin

Of Counsel

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Litigation Associate Monica Allard

Monica Allard

Associate

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Personal Injury & Property Damage Defense

Premises Liability:  Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant.
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Monica Allard joins DRM

Monica Allard has joined Downs Rachlin Martin. Monica has begun work in the firm's Litigation Group in Burlington, Vermont.
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Vermont Supreme Court Caps UIM Insurer’s Exposure, Despite Multiple Claimants

Vermont Supreme Court holds that “Combined Single Limit” and “Limits of Liability” provisions in UIM policy cap auto insurer’s total UIM payout, despite multiple UIM claimants. 
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Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

By now it is not controversial that a litigant’s social media content is discoverable. But what about admissibility at trial? The Vermont Supreme Court just offered some guidance on that subject in State of Vermont v. Allcock.
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