Nolan C. Burkhouse, Of Counsel

Insurance Law, Environmental Law, Commercial Litigation, First Amendment Law
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As a member of the Insurance Practices and Litigation teams at Paul Frank + Collins, Mr. Burkhouse focuses on Insurance Law, Environmental Law, Commercial Litigation, and First Amendment Law. Prior to joining PF+C, Mr. Burkhouse was a partner in a boutique Insurance Law and Commercial Litigation firm representing clients throughout the country.

Mr. Burkhouse’s Insurance Law Practice includes representing environmental insurers in coverage matters involving pollution liability, first party site remediation, financial assurance, and mortgage impairment.  He also provides coverage advice with respect to other traditional commercial liability and property insurance products. Mr. Burkhouse also has extensive experience advising personal lines carriers with respect to their claims handling practices.

In his Commercial Litigation Practice, Mr. Burkhouse has a broad range of experience, handling matters involving defaults on debt debentures, misappropriation of IP/trade secrets, energy trading, products liability, employment contract disputes, partnership disputes, shareholder actions and general contract disputes.

In his First Amendment practice, Mr. Burkhouse has represented media organizations in seeking to set aside statutes and other government actions directed at curtailing free speech rights over access to public information.

SELECTED REPRESENTATIVE MATTERS:

Island Surgical Supply, individually, and on behalf of all others similarly situated v. Allstate Ins. Co., et al., Docket No 2005-04833 (2d Dep’t. 2006) Achieved dismissal of class action complaint against New York No-Fault insurers and subsequent affirmance of lower court ruling.  Lead counsel on behalf of six carriers.

Uniondale Realty Associates v. The Hartford Insurance Company, et al., Index No. 585/06 (Sup. Ct., Nassau Co. 2006) Achieved summary judgment on behalf of environmental insurer in dispute arising out of failure of sanitary waste lines at shopping center.

In re ATG, Inc., Chapter 11 Case No. 01-46389 (U.S. Bankruptcy Court, N.D. Ca) Successfully negotiated assignment of financial assurance resulting in the avoidance of forfeiture of over $13 million in the context of an adversary proceeding on behalf of financial assurance carrier against nuclear waste processing facilities in Tennessee, Washington and South Carolina.

Greenwich Ins. Co. v. SLC Holdings, LLC, Docket No. 06 Civ. 745 (S.D.N.Y.) Environmental coverage dispute arising out of construction of major league baseball stadium.

American Bookseller’s Foundation for Free Expression et al, v. Dean, et al, 202 F. Supp. 2d 300 (D. Vt. 2002), affirmed in part, modified in part by 342 F. 3d 96 (2nd Cir. 2003) Successfully struck state law regulating content of speech on internet under First Amendment and Commerce Clause.

Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 2007 WL 922255 (D. VT. March 23, 2007) Successfully opposed auto industry efforts to close portions of trial to public access.

Jacobina Mineracao e Comercio LTDA et al., v. Brazilian Resources, C. 98-687B (D.N.H.) Represented Canadian Exchange gold mining company in action against former partner for default on debt debentures issued for purchase of Brazilian gold mine and subsequent cross-claims challenging the feasibility studies central to the purchase and sale of mine.

Indian Harbor Ins. Co. v. Factory Mutual Ins. Co. and the George Washington University, Docket No. 02-CV-9342 (S.D.N.Y.) Action for allocation among property insurer and environmental insurer for mold damage to commercial property.

Direct Mail Production Services, Ltd. v. MBNA Corp. et al., Docket No. 99 Civ. 10550 (S.D.N.Y.) Participated in successfully quashing subpoena in copyright infringement, misappropriation of trade secrets, and intentional interference with contract claims pending in the United Kingdom. 

EDUCATION:
Miami University, B.A, Political Science, 1994
Vermont Law School, 1998
Associate Articles Editor, Vermont Law Review
President, Advisory Board, Jessup International Moot Court

BAR ADMISSIONS:
State of Vermont, 1998
U.S. District Court, District of Vermont, 1998
State of New Hampshire, 2000
U.S. District Court, District of New Hampshire, 2000
U.S. Court of Appeals, Second Circuit, 2003
U.S. District Court, Eastern District of Michigan, 2004
State of New York, 2005
U.S. District Court, Southern District of New York, 2005
U.S. District Court, Eastern District of New York, 2005
U.S. District Court, District of Colorado, 2007

PROFESSIONAL ORGANIZATIONS:
American Bar Association
Vermont Bar Association
New Hampshire Bar Association
New York Bar Association
First Amendment Lawyers Association

COMMUNITY INVOLVEMENT:
Insurance Law, Adjunct Professor, Vermont Law School, 2005 - Present
Environmental Insurance, Adjunct Professor, Vermont Law School, 2007 - Present
 
HOBBIES & INTERESTS:
Guitar, Whitewater Kayaking, Snowboarding, Telemark Skiing, Ultimate Frisbee, Mountain Biking, Swimming