Archives for August 2014

Ian Carleton Teaches CLE on Evidence

Earlier this summer Attorney Ian Carleton was invited to serve as a panelist in a CLE offered by the National Business Institute entitled “Applying the Rules of Evidence: What Every Lawyer Needs To Know.”   Mr. Carleton lectured on Ethics, Witnesses, Expert Reports and Scientific Evidence.

Jeffrey Behm and Debra Bouffard Obtain Affirmance of District Court’s Grant of Summary Judgment in the United States Court of Appeals for the Second Circuit in Blue Cross and Blue Shield of Vermont v. Milnes

Attorneys Jeffrey Behm and Debra Bouffard have successfully defended a grant of summary judgment obtained on behalf of their client, Blue Cross and Blue Shield of Vermont (“BCBSVT”) in the Second Circuit Court of Appeals.

Earlier in the case, the trial court dismissed a breach of contract claim brought by BCBSVT’s former Chief Executive Officer on grounds of legal impracticability. On appeal, the Second Circuit upheld the trial court’s ruling on the alternative ground that the contract was unenforceable on grounds that it contravened public policy.  Mr. Behm and Ms. Bouffard had argued both grounds in both the United States District Court and in the Court of Appeals.

Jeffrey Behm argued the case before the Court of Appeals.

Earlier: Jeffrey Behm And Debra Bouffard Defend Summary Judgment Order In An Appellee Brief Submitted To The United States Court Of Appeals For The Second Circuit In Blue Cross And Blue Shield Of Vermont v. Milnes (Dkt. No. 13-1748).

Jeffrey Behm and Eric Miller Win Supreme Court Case Redefining Premises Liability in Vermont

Attorneys Jeffrey Behm and Eric Miller recently secured a landmark decision in the Supreme Court in Demag v. Better Power Equipment, Inc., successfully arguing that the Court should abandon Vermont’s common law distinction between business invitees and licensees in premises liability cases.

Rodney Demag was seriously injured when he fell into an open manhole in the Defendant’s parking lot. Challenging a trial court ruling, Mr. Behm and Mr. Miller urged the Court to change its centuries-old premises liability law, and instead require business owners to accord the same duty of care to all invited guests. In an opinion issued on July 18, 2014, the Court agreed, abandoning the common law distinction and adopting a duty of reasonable toward all lawful entrants onto property.

Earlier: Jeffrey Behm and Eric Miller Urge The Vermont Supreme Court To Abolish The Business Invitee/Licensee Distinction In Vermont’s Premises Liability Law.

Sheehey Furlong & Behm